Interpreting Section 4(6)(b)(ii) of the Payment of Gratuity Act
The Supreme Court, in its order dated 14.8.2018 (copy attached), has held that forfeiture of gratuity on the ground of misconduct, which constitutes an offence involving moral turpitude, is permissible only if the individual is convicted by a court of competent jurisdiction for the said offence. The bench of Justice Kurian Joseph and Justice Sanjay Kishan Kaul (in Union Bank of India vs. CG Ajay Babu) also observed that forfeiture of gratuity is not automatic upon dismissal from service but is subject to Sub-Sections (5) and (6) of Section 4 of the Payment of Gratuity Act, 1972.
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From India, Malappuram
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1446The Supreme Court, in its order dated 14.8.2018 (copy attached), has held that forfeiture of gratuity on the ground of misconduct, which constitutes an offence involving moral turpitude, is permissible only if the individual is convicted by a court of competent jurisdiction for the said offence. The bench of Justice Kurian Joseph and Justice Sanjay Kishan Kaul (in Union Bank of India vs. CG Ajay Babu) also observed that forfeiture of gratuity is not automatic upon dismissal from service but is subject to Sub-Sections (5) and (6) of Section 4 of the Payment of Gratuity Act, 1972.
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From India, Malappuram
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Dear Prabhat,
Gratuity is payable for continuous service of 5 years. Contiguous service means 240 days in a year. Therefore, 4 years and 240 days are eligible for gratuity. The Honorable Supreme Court does not comment on existing laws; they simply interpret them.
Regards,
Sandeep
From India, Delhi
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Gratuity is payable for continuous service of 5 years. Contiguous service means 240 days in a year. Therefore, 4 years and 240 days are eligible for gratuity. The Honorable Supreme Court does not comment on existing laws; they simply interpret them.
Regards,
Sandeep
From India, Delhi
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Supreme Court Decision on Gratuity Act 1972.pdf
Payment of Gratuity Act, 1972 & The Rules.ppt