The Manager, Western Coalfields Ltd. Vs. Mr. Prayag Modi

CONSTITUTION OF INDIA 1949

Section 300 A - Persons not to be deprived of property save by authority of law No person shall be deprived of his property save by authority of law

Payment of Gratuity Act,1972

Tags Industrial Dispute Pay

Madhya Pradesh High Court (Single Judge)

WRIT PETITION, 20795 of 2016, Judgment Date: Feb 06, 2018

Law laid down -

Payment of Gratuity Act, 1972- The gratuity is a valuable right of an employee. It is also a property under Article 300A of the Constitution. The gratuity can be withheld only as per act and to the extent permissible under various provisions of Gratuity Act.

The allegations established against the petitioner show that he was found guilty of negligence. No allegations relating to riotous or disorderly conduct or for involving moral turpitude were alleged and established. Hence Sub-clause 4(ii) of Clause b of Section 4(6) are not attracted. The employer has neither given opportunity to the workman before withholding gratuity nor quantified the amount of loss as per Clause (a) of Sub-section 6 of Section 4. Hence, order of Controlling and Appellate Authority are affirmed.

The Manager, Western Coalfields Ltd. Vs. Mr. Prayag Modi

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