D. Murugesan, J. Both the writ appeals arise out of an order dated 23.10.2008 passed in W.P.No.12297 of 2006. W.A.No.118 of 2009 is at the instance of a salesman who worked under the Management of Parry and Company Ltd. and W.A.No.144 of 2009 is filed by the said Management.

2. The question in both the writ appeals relate to whether an employee, who has been terminated from service on the ground of proved mis-conduct, would be disentitled to the payment of gratuity in terms of Section 4(6) (b) (ii) of the Payment of Gratuity Act, 1972 (hereinafter referred to as the Act). For convenience, we refer the parties as they were arrayed in the writ petition.

3. The facts of the case leading to the above question are as follows:- a) The writ petitioner was appointed as a salesman in the respondent-company, which is a commercial establishment acting as an agent for other manufacturers. It owned a distillery sugar mill at Nellikuppam, which produces carbon-di-oxide (CO2) as bi-product. The said Carbon-di-oxide is stored in a tank and supplied in cylinders to the dealers/retailers. The petitioner was deputed to the said holding company and was posted as salesman in charge of sale o