AI Overview...
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Gratuity Deduction - Employers can deduct gratuity from the employee's dues, especially when the employee has authorized such deductions or when statutory provisions permit. The employer's responsibility is to ensure proper payment of retiral dues, including gratuity, GPF, and insurance schemes, often requiring employee authorization for premium deductions Dheeraj Kumar Verma VS State Of Bihar - Patna.
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Employer's Responsibility - The employer is responsible for remitting premiums for group insurance schemes and other retirement benefits. When premiums are not remitted or proper intimation is not given, employees may have grounds to dispute deductions or recoveries made from their dues, such as gratuity or salary Dheeraj Kumar Verma VS State Of Bihar - Patna, DISTRICT MANAGER, food corporation of india VS MAITI MAZAR - Consumer.
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Deduction from Gratuity and Salary - Employers may deduct amounts like special advances or insurance premiums from gratuity or salary, provided there is proper authorization, and statutory or contractual provisions support such deductions. In cases of non-remittance or absence of salary, deductions may be contested or limited V. S. Devarajan VS State of Kerala - Kerala, DISTRICT MANAGER, food corporation of india VS MAITI MAZAR - Consumer.
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Bonus and Incentives - Incentive bonuses paid under employer schemes or settlement agreements are considered wages and can be included in calculations for gratuity or other benefits. Deductions from these amounts are permissible if compliant with legal provisions Employees State Insurance Corporation, Hyderabad THROUGH ITS REGIONAL DIRECTOR VS A. P. PAPER MILLS Ltd. , RAJAHTNUNDRY THROUGH ITS PERSONAL MANAGER - Andhra Pradesh.
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Statutory Compliance - Employers must adhere to legal provisions such as the Employees' State Insurance Act, EPF Act, and the Industrial Disputes Act, especially regarding timely remittance, proper deduction, and payment of wages or benefits, including gratuity Delhi Press Patra Prakashan Ltd. VS Regional Provident Fund Commissioner - Delhi, Delhi Press Patra Prakashan Ltd. VS Regional Provident Fund Commissioner - Delhi.
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Conclusion - Employers can deduct gratuity and other retirement benefits from employee dues when authorized, legally supported, and properly communicated. They are responsible for remitting premiums and benefits timely. Deductions from gratuity or salary are permissible under statutory schemes, but must comply with legal and contractual obligations to prevent disputes Dheeraj Kumar Verma VS State Of Bihar - Patna, V. S. Devarajan VS State of Kerala - Kerala, DISTRICT MANAGER, food corporation of india VS MAITI MAZAR - Consumer, Employees State Insurance Corporation, Hyderabad THROUGH ITS REGIONAL DIRECTOR VS A. P. PAPER MILLS Ltd. , RAJAHTNUNDRY THROUGH ITS PERSONAL MANAGER - Andhra Pradesh.
References:
- Dheeraj Kumar Verma VS State Of Bihar - Patna
- V. S. Devarajan VS State of Kerala - Kerala
- DISTRICT MANAGER, food corporation of india VS MAITI MAZAR - Consumer
- TOURISM CORPORATION OF GUJARAT LTD VS KALU VALJI JETHWA - Gujarat
- S. Ganapathi & others VS Air India and another - Bombay
- Employees State Insurance Corporation, Hyderabad THROUGH ITS REGIONAL DIRECTOR VS A. P. PAPER MILLS Ltd. , RAJAHTNUNDRY THROUGH ITS PERSONAL MANAGER - Andhra Pradesh
- ALL INDIA VOLTAS AND VOLKART EMPLOYEES' FEDERATION VS VOLTAS LTD. - Bombay
- YOSHIO KUBO VS COMMISSIONER OF INCOME TAX - Delhi
- Delhi Press Patra Prakashan Ltd. VS Regional Provident Fund Commissioner - Delhi
- Delhi Press Patra Prakashan Ltd. VS Regional Provident Fund Commissioner - Delhi
Search Results for "Employer can Deduct Gratutity Form Money Go be Given be Employee"
2004 0 Supreme(Pat) 1029 • India - Patna
MRIDULA MISHRA
Retiral Dues - Payment Dispute - Group Insurance Scheme - GPF, Gratuity, Provident Fund - [Payment of retiral dues, group insurance ... , GPF, gratuity, provident fund] - The court directed the respondents to make payment of the admitted dues to the petitioners after ... Under both the schemes, the employee has to authorise the employer to deduct the premium amount from the salary of the employee. The responsibility of remitting the premium amount is of the employer. ....
2018 0 Supreme(Ker) 795 • India - Kerala
DAMA SESHADRI NAIDU
receives "special advance" for many years from its employer, a State Government Corporation. ... In the meanwhile, the employees retire. So the Corporation deducts the special advances from their gratuity. ... So the employees undertake to refund the special advances if the Government does not approve the disbursement. ... In Mathew, an employee, on inquiry, was found to have caused “huge loss” to his employer. The employer ordered for recovery of lo....
• India - Consumer
N.S.SINGH, RAMESH BAWRI, A.S.RANGAD
However when the premium is neither remitted by the employer nor is any intimation sent to the employee as aforestated, the employer ... However, in cases where no salary ade-quate to cover the premium accrues to an employee during a particular month, the employer may ... with interest - Appeal - No evidence was led by FCI to prove its contention that insured was absent from duty and it could not deduct ... An employee is not being given any separat....
2007 0 Supreme(Guj) 682 • India - Gujarat
SHARAD D.DAVE, K.S.JHAVERI, M.S.SHAH
Question referred a Division Bench of this Court has referred the following question for our consideration: "whether a part-time employee ... is a "workman" and whether he is entitled for all the benefits which are being extended to regular employees - Held, However, to ... that if a person is working with two employers on part-time basis on the same day, it may result into an anomalous situation as ... employer and employee or master and servant. ... of the employer/organization. ... ....
1991 0 Supreme(Bom) 245 • India - Bombay
S.P.BHARUCHA, M.F.SALDANHA
is justified in reducing the amount actually tendered to the employee to the extent of the statutory tax deductions. ... Whether the employer is justified in reducing the amount of one month's wages to be paid under section 33(2)(b) of the Industrial ... INTERPRETATION - Whether in computing the amount of one month's salary to be paid under section 33(2) of the Industrial Disputes Act the employer ... He further submits that there is no option left to the employer who in this instance was the Corporation while disbursing....
1977 0 Supreme(AP) 57 • India - Andhra Pradesh
A.V.KRISHNA RAO, K.MADHAVA REDDY
Incentive bonus paid to workmen under a scheme formulated by the employer and employees under a memorandum of settlement is 'wages ... of settlement arrived at between the employer and the workmen was wages within the meaning of S 2 (22) of the Employees State ... Whether incentive bonus paid to workmen under a scheme formulated by the employer and employees under a memorandum of settlement ... Under sub sec (3) or S. 40. notwithstanding any contract to the contrary, neither the prin....
1971 0 Supreme(Bom) 167 • India - Bombay
S.P.KOTVAL, G.N.VAIDYA
They were not employed to do clerical or technical work. Their main work was to promote sales and give advice. ... They were not employed to do clerical or technical work. Their main work was to promote sales and give advice. ... The scheme for retirement gratuity and superannuation was not a scheme for payment of bonus in a different garb. ... The form of letter to be taken from the concerned employee is referred to in paragraph 6 below". ... not depend upon the volition of the employer#HL_EN....
2013 0 Supreme(Del) 922 • India - Delhi
S.RAVINDRA BHAT, R.V.EASWAR
of the employee-assessee. 3. ... The amounts paid in excess by the employer, and refunded to the employee never belonged to the latter; he cannot be therefore taxed ... Assessability of TDS refunds received by the employee 7. Legal expenses incurred Ratio Decidendi: 1. ... It was argued that Section 192(1A) obliges every employer to deduct, at the time of payment of salary incomes on the amount payable. ... Once that stood excluded, and option was given to the #HL_STA....
2009 0 Supreme(Del) 987 • India - Delhi
KAILASH GAMBHIR
EPF & MP ACT - S. 14B - INTERPRETATION OF EXPRESSION “WITHIN 15 DAYS OF THE CLOSE OF EVERY MONTH” - HELD, THE EMPLOYER IN ITS ... Finding of the Court: The court held that the employer in its absolute discretion can fix or adopt any wage month for ... The court held that the employer has the discretion to fix the wage month and that the wage month is not necessarily the same as ... Under para 8, the employer is authorised before paying the member employee his wages in respect of any period or part of ....
2009 0 Supreme(Del) 986 • India - Delhi
KAILASH GAMBHIR
REFERS TO 15 DAYS OF THE CLOSE OF THE WAGE MONTH OR WITHIN 15 DAYS OF THE CLOSE OF THE BRITISH CALENDAR MONTH - COURT HELD THAT THE EMPLOYER ... The court held that the employer has the discretion to fix the wage month and that the wage month is not necessarily the same as ... Finding of the Court: The court held that the employer in its absolute discretion can fix or adopt any wage month for ... Under para 8, the employer is authorised before paying the member employee his wages in respect of any per....
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