The Gauhati High Court has ruled that excess gratuity paid to a retired employee cannot be recovered if there is no evidence of misrepresentation or fraud on the employee’s part. The Court held that such recoveries are unjust when the overpayment results from the employer’s own calculations. The case involved a former forest officer who joined service in 1976 and retired in 2011. At the time of retirement, he received gratuity of Rs 6.76 lakh. F…
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