An employee who forged his educational qualification certificate during his tenure was found to have also forged a higher official's signature during the enquiry proceedings. He was given ample opportunity but was found to have proved his guilt. Hence, moral turpitude, as proven, would justify the forfeiture of gratuity.
From India, Ghaziabad
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From India, Ghaziabad
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In my opinion the provisions for forfeiture of Gratuity is allowed in case the employee is indulged in riotous and disorderly behavior and not in case of moral turpitude. Rgds
From India
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9From India
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Provision for Forfeiture of Gratuity
Section 4(6) provides as under:
“Notwithstanding anything contained in sub-section (1):
- (a) The gratuity of an employee, whose services have been terminated for any act, willful omission, or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused;
- (b) The gratuity payable to an employee may be wholly or partially forfeited:
- i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
- ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.”
So, yes, he can be terminated for moral turpitude.
There are lots of judgments on this; you need to review them and ensure that your case falls under the guidelines given by the court. Check the link below.
gratuity can be forfeited
From India, Mumbai
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Section 4(6) provides as under:
“Notwithstanding anything contained in sub-section (1):
- (a) The gratuity of an employee, whose services have been terminated for any act, willful omission, or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused;
- (b) The gratuity payable to an employee may be wholly or partially forfeited:
- i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
- ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.”
So, yes, he can be terminated for moral turpitude.
There are lots of judgments on this; you need to review them and ensure that your case falls under the guidelines given by the court. Check the link below.
gratuity can be forfeited
From India, Mumbai
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Conditions for Forfeiture of Gratuity
Gratuity can be forfeited if:
(a) The gratuity of an employee, whose services have been terminated for any act, willful omission, or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss caused.
(b) The gratuity payable to an employee may be wholly or partially forfeited:
(i) If the services of such an employee have been terminated for riotous or disorderly conduct or any other act of violence on his part.
(ii) If the services of such an employee have been terminated for any act which constitutes an offense involving moral turpitude, provided that such offense is committed by him in the course of his employment.
Theft, misappropriation, and deceit are legally recognized to involve moral turpitude, thus forming grounds for the avoidance of gratuity.
See this for more Indian Labour Laws & Shram Suvidha Simplified.
From India, Kolkata
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Gratuity can be forfeited if:
(a) The gratuity of an employee, whose services have been terminated for any act, willful omission, or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss caused.
(b) The gratuity payable to an employee may be wholly or partially forfeited:
(i) If the services of such an employee have been terminated for riotous or disorderly conduct or any other act of violence on his part.
(ii) If the services of such an employee have been terminated for any act which constitutes an offense involving moral turpitude, provided that such offense is committed by him in the course of his employment.
Theft, misappropriation, and deceit are legally recognized to involve moral turpitude, thus forming grounds for the avoidance of gratuity.
See this for more Indian Labour Laws & Shram Suvidha Simplified.
From India, Kolkata
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SC JUDEGEMENT ON FORFEITURE OF GRATUITY IN MORAL TURPITUDE CASES.docx
SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F