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ANUBHA RAWAT CHOUDHARY
Central Coalfields Limited – Appellant
Versus
Deputy Chief Labour Commissioner, Dhanbad – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. Heard the learned counsel appearing on behalf of the parties.
2. This writ petition has been filed for the following reliefs:
(b) For further issuance of writ/order/direction for quashing the order dated 16.08.2021 (Annexure-7) by the Deputy Chief Labour Commissioner (C), Dhanbad cum Appellate Authority under Payment of Gratuity Act, 1972, in P.G. Appeal No. (26)/2020A-7, whereby and whereunder the Learned Appellate Authority has disposed of the appeal preferred by the petitioner Central Coalfields
Forfeiture of gratuity under the Payment of Gratuity Act requires a conviction for moral turpitude; absence of such conviction renders forfeiture unjustified.
Forfeiture of gratuity can only occur upon conviction by a court of competent jurisdiction for an offence involving moral turpitude, as established in Union Bank of India v. C. G. Ajay Babu and Other....
Forfeiture of gratuity requires clear evidence of moral turpitude; suspension period cannot be counted as qualifying service under the Payment of Gratuity Act.
Forfeiture of gratuity for misconduct involving moral turpitude is permissible without a criminal conviction, emphasizing the discretion of the appointing authority in determining the extent of forfe....
Forfeiture of gratuity under the Payment of Gratuity Act, 1972 cannot apply to acts occurring after employment cessation, and necessitates prior notice to the employee.
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....
Termination of employment for alleged misconduct involving moral turpitude does not automatically justify gratuity forfeiture without proven loss or prosecution.
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