Dear Seniors, What is mean by Moral Tupitude in terms of Gratuity Forfeitition. What are the acts / deeds / omission will be included in Moral Turpitude? Thanks in advance.......!!!
From India, Pune
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470From India, Pune
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The term "moral turpitude" is defined as "a corrupt, depraved, or degenerate act or practice." In the context of the company, it refers to willful destruction of company property, instigating violence, physical attacks, hindering other workers from following safety precautions, posting derogatory messages outside of the company premises, causing injuries to other employees, and so on.
Regarding the forfeiture of gratuity for actions stemming from moral turpitude, the opinions of other senior members will be sought.
Thanks,
Dinesh V Divekar
From India, Bangalore
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Regarding the forfeiture of gratuity for actions stemming from moral turpitude, the opinions of other senior members will be sought.
Thanks,
Dinesh V Divekar
From India, Bangalore
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Dear Prashant ji, While endorsing Dinesh ji, I wish to add further on the basis of TIPS on POG Act as given in the publication by Labour Law Agency as under:
Understanding 'Moral Turpitude'
'Moral turpitude' is an expression used to describe conduct that is inherently base, vile, depraved, or showing any connection to depravity. It refers to anything done contrary to justice, honesty, modesty, or good morals. Theft is an offense involving moral turpitude. Consequently, if the service of an employee is terminated for committing theft in the course of employment, the gratuity payable to him under the provisions of the Act stands wholly forfeited in view of Section 4(6)(b)(ii) of the Act: Bharat Gold Mills Ltd. Vs RLC(C), Bangalore 1987 I CLR 189.
From India, Mumbai
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Understanding 'Moral Turpitude'
'Moral turpitude' is an expression used to describe conduct that is inherently base, vile, depraved, or showing any connection to depravity. It refers to anything done contrary to justice, honesty, modesty, or good morals. Theft is an offense involving moral turpitude. Consequently, if the service of an employee is terminated for committing theft in the course of employment, the gratuity payable to him under the provisions of the Act stands wholly forfeited in view of Section 4(6)(b)(ii) of the Act: Bharat Gold Mills Ltd. Vs RLC(C), Bangalore 1987 I CLR 189.
From India, Mumbai
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korgaonka Sir, If the act is not coonected with employment & if the employee convicted by criminal court under IPC then can the employer forfeit the Gratuity....?
From India, Pune
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From India, Pune
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If the act of moral turpitude is not connected with the company (for example, rape in his personal life), then why do you want to hold the gratuity of the employee? Tell the employee to submit their resignation immediately, and that is all. Loss of employment, in itself, is punishment.
Of course, this is my personal opinion. In personal life, for whatever has happened, the guilty has been punished under the IPC. Now, if the company also punishes, then it will be double punishment. For any offense/conviction, there can be only one punishment and not two. Therefore, please think twice before you invoke this rule. Please check the standing orders as well.
I say this because the loss of pecuniary benefits will cause hardship to the guilty's family members. In a real sense, they will be punished more than the guilty itself.
Thanks,
Dinesh V Divekar
From India, Bangalore
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Of course, this is my personal opinion. In personal life, for whatever has happened, the guilty has been punished under the IPC. Now, if the company also punishes, then it will be double punishment. For any offense/conviction, there can be only one punishment and not two. Therefore, please think twice before you invoke this rule. Please check the standing orders as well.
I say this because the loss of pecuniary benefits will cause hardship to the guilty's family members. In a real sense, they will be punished more than the guilty itself.
Thanks,
Dinesh V Divekar
From India, Bangalore
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Section 4(6)(b)(ii) clearly states that such an offense should be committed in the course of employment. Also, services should be terminated for such an act. Termination on moral turpitude and moral turpitude in the course of employment are two ingredients for the forfeiture of gratuity as per the above-mentioned section.
Regards.
From India, Mumbai
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Regards.
From India, Mumbai
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Dear I wish to add authority punishing for Moral Turpitude has authority to forfeit the amount of gratuity and as such order should incorporate provisions of forfeiture of gratuity amount.
From India, Panipat
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From India, Panipat
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Gupta Sir, Who could be the punishing authority for Moral Turpitude , Controlling Authority for Gratuity?
From India, Pune
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From India, Pune
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Keshav ji has well explained the meaning of 'moral turpitude,' and to illustrate what acts fall within the ambit of 'moral turpitude,' I would like to add that acts like fraud, forgery, misappropriation, misconduct against women, or theft, which reflect dishonesty and the base character of the delinquent, can fall within the ambit of moral turpitude.
Regards,
B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
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Regards,
B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
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The term Moral Turpitude has been explained by various professionals above, especially Keshav ji. In simple words, misconduct that goes against the accepted norms of society, if committed during the course of employment, amounts to misconduct under moral turpitude in the context of any establishment. In such a case, if the dismissal of an employee has been made on the ground of moral turpitude, it has to be clearly mentioned in the Dismissal Order along with the amount of gratuity that has to be forfeited. If there is no mention of it in the Dismissal Order, the amount of gratuity cannot be forfeited under any circumstance, not even by any decree by the court. The Dismissal Order also has to be passed by the Competent Authority, i.e., the appointing authority, as only the appointing authority can dismiss.
Regards,
AK Jain
HR Personnel
NCL (CIL)
From India, New+Delhi
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Regards,
AK Jain
HR Personnel
NCL (CIL)
From India, New+Delhi
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SC JUDEGEMENT ON FORFEITURE OF GRATUITY IN MORAL TURPITUDE CASES.docx
SC - Gratuity can be denied only on termination for mortal turpitude 6.12.2016.pdf