Back
IN THE HIGH COURT AT CALCUTTA
LANUSUNGKUM JAMIR, RAI CHATTOPADHYAY
Xpro Limited Biax Division- Barjora Unit- 2 – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Rai Chattopadhyay, J.
1. An interplay of the statutory provisions under section 4(1) and 4(6) of the Payment of Gratuity Act 1972, is in issue in the instant appeal and the appellant has challenged judgment of the Hon’ble Single Judge dated August 28, 2025, in writ petition No. WPA 4620 of 2025.
2. The respondent No.4 has been an employee with the appellant company vide an appointment letter dated August 15, 2012. He has been issued a show-cause notice dated July 21, 2022, by the appellant. An enquiry proceeding was initiated against him and he was served with the notice of enquiry. Immediately after receipt of the notice of enquiry, the said respondent has tendered resignation on August 15, 2022. According to the appellant his resignation has never been accepted by it, which the appellant has informed vide letter dated August 15, 2022.
3. As in the enquiry proceeding the respondent No.4 was found guilty of the misconduct as alleged against him, an order of termination was issued against him on October 11, 2022.
4. Admittedly vide an order dated November 21, 2022 issued under section 4(6) of the Payment of Gratuity Act 1972, the entire gratuity of the writ petitioner has bee
The main legal point established in the judgment is that the provisions of sub-section (6) of Section 4 of the Payment of Gratuity Act, 1972 do not permit inclusion of circumstances relating to the i....
Gratuity is a statutory right under the Payment of Gratuity Act, 1972, and cannot be forfeited without legal justification, even after dismissal for misconduct.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
