The undersigned working in a PSU in Mining Industry. The undersigned has experienced a peculiar case. A permanent employee is absenting from his duties without any information and sanctioned leave since last couple of years. He was charge-sheeted on the ground of long absenteeism case and subsequently a domestic enquiry was constituted by the disciplinary authority. Enquiry was conducted exparte but the EO submitted his report & findings after a gap of approx one year and it has been proved beyond doubt and the diskciplinary case file has been approved by the Competent authority . The Delinquent employee did not participated in the enquiry proceeding. Before imposing punishment like removal from the service the nominee of the employee appeared suddenly and submitted a death cert of employee and claimed for all terminal dues like PF refund, gratuity and employment on compassionate ground . My question is upto which date calculation of gratuity will be done whether thedate of signature of the Competent Authority or the date of death of the employee.
Whether employment on compassionate ground will be provided or not.
Kindly suggest what is to be done if there is any case study the same may also be provided.
From India, Koraput
4Whether employment on compassionate ground will be provided or not.
Kindly suggest what is to be done if there is any case study the same may also be provided.
From India, Koraput
As per 4 (2) payment of gratuity act, gratuity is payable the employer shall pay gratuity to an employee at the rate of fifteen days’ wages based on the rate of wages last drawn by the employee concerned for every completed year of service .
Further as per Section 2-A of the Act Completed year of service means:
employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing order, rules or regulations governing the employees of the establishment), lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act
Pls refer section 4(1)c of payment of gratuity act 1972 which stipulates as follows:
c) on his death or disablement due to accident or disease : Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement :
Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.
Therefore, if the employe, dies during the course of domestic inquiry, the Domestic Inquiry shall be completed exparte and gratuity should be calculated upto the date of actual working/authorized leave.
It should also be noted that the gratuity can't be withheld unless and until the disciplinary authority specifically mentions in the DA order and gives reason for withholding such amount.
From United States
Further as per Section 2-A of the Act Completed year of service means:
employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing order, rules or regulations governing the employees of the establishment), lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act
Pls refer section 4(1)c of payment of gratuity act 1972 which stipulates as follows:
c) on his death or disablement due to accident or disease : Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement :
Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.
Therefore, if the employe, dies during the course of domestic inquiry, the Domestic Inquiry shall be completed exparte and gratuity should be calculated upto the date of actual working/authorized leave.
It should also be noted that the gratuity can't be withheld unless and until the disciplinary authority specifically mentions in the DA order and gives reason for withholding such amount.
From United States
Thanks for such quick & valuable suggestion. My another point is still awaited your reply whether defendant employment on compassionate ground will be provided or not as the disciplinary case file has already been approved by the Disciplinary authority for removal from the service but due to certain procedural lapses order of removal not communicated to the D.E.
Waiting for reply.
From India, Koraput
Waiting for reply.
From India, Koraput
Compassionate appointment is a policy decision and there is no statutory rules/acts for the same. As the disciplinary authority has already passed the order, pls communicate the same. The dependents of the employee in turn has to write a letter to appellate authority/reviewing authority for reconsideration of the decision of the disciplinary authority considering the death of the employee and consider his application for compassionate ground.
regarding
From United States
regarding
From United States
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