Search Results for "gratuity forfeiture"

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Search Results for "gratuity forfeiture"

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Supreme Court

Forfeiture of Gratuity – No Conviction Required for Moral Turpitude – Supreme Court Clarifies Legal Position. Termination for misconduct constituting an offence involving moral turpitude permits forfeiture of gratuity even without a criminal conviction.

17 Feb 2025

Conviction Not Necessary for Forfeiture – The Supreme Court overruled the earlier interpretation in C.G. Ajay Babu (2018), holding that Section 4(6)...

Supreme Court

Supreme Court Allows Appeals by State Bank of India in Jet Airways Insolvency Case — Holds Performance Bank Guarantee Cannot Be Adjusted Against Resolution Plan Payment and Non-Implementation Leads to Liquidation. The Court ruled that the SRA's failure to pay airport dues and employee dues constituted non-implementation of the Resolution Plan under Section 33(3) IBC, 2016, and the PBG cannot be set off against the first tranche payment.

13 Nov 2024

The case pertains to the Corporate Insolvency Resolution Process (CIRP) of Jet Airways (India) Limited, initiated by State Bank of India (SBI) under S...

High Court

High Court of Karnataka Dismisses Bank's Petition Challenging Gratuity Order, Holds That Disciplinary Proceedings Not Concluded Before Retirement Do Not Bar Gratuity Payment Under Section 4(6) of Payment of Gratuity Act, 1972. The Court upheld the Appellate Authority's order directing payment of gratuity to the employee as the disciplinary proceedings were not concluded prior to retirement.

8 Jul 2021

The petitioner, Canara Bank, challenged the order dated 22.12.2020 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 (responde...

High Court

Bombay High Court Allows Review Petition in Gratuity Forfeiture Case — Petitioner's Termination for Misappropriation Does Not Automatically Forfeit Gratuity Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972. Court holds that forfeiture requires proof of loss caused by the employee's misconduct, and mere termination for misconduct is insufficient.

8 Nov 2019

The petitioner, Laxman Balu Deualkar, was an ex-employee of the Kolhapur District Central Co-op. Bank Ltd. He was chargesheeted for misappropriation o...

High Court

Bombay High Court Allows Pension to Ayurvedic College Teachers Who Voluntarily Retired or Resigned After Qualifying Service. Employees of aided Ayurvedic, Unani, and Homeopathic educational institutions are entitled to pension and gratuity benefits under the Maharashtra Civil Services (Pension) Rules, 1982, read with the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

28 Feb 2019

The petitioners, five retired doctors and one other employee, were employed at various aided Ayurvedic, Unani, and Homeopathic educational institution...

High Court

Bombay High Court Allows Gratuity Claim Despite Dismissal for Moral Turpitude - Payment of Gratuity Act, 1972 Overrides Service Rules. The court held that Section 4(6) of the Payment of Gratuity Act, 1972 does not disentitle an employee from gratuity merely because of termination for misconduct involving moral turpitude.

9 Nov 2017

The petitioner, Parvez Shaikh, was appointed as an Assistant Teacher on 07.07.1983 and confirmed on 06.07.1985. In 1989, criminal offences under Secti...

High Court

Bombay High Court Dismisses Petition Challenging Forfeiture of Gratuity for Bank Employee Found Guilty of Financial Irregularities. Disciplinary Inquiry Sufficient for Forfeiture Under Section 4(6) of Payment of Gratuity Act, 1972; Acts Amount to Wilful Omission and Moral Turpitude.

11 Apr 2017

The petitioner, Nanubhai Nichhabhai Desai, worked as a clerk with UCO Bank for over 31 years. His services were terminated by compulsory retirement wi...

High Court

Bombay High Court Dismisses Petition by Employer Challenging Dismissed Employee's Entitlement to Gratuity Under Payment of Gratuity Act, 1972. Dismissal Constitutes 'Retirement' Under Section 2(q) and Forfeiture Requires Specific Order Under Section 4(6) — Employee Entitled to Gratuity Despite Dismissal.

23 Dec 2015

The case involves a writ petition filed by the Chairman cum Managing Director of Western Coalfields Ltd. challenging the entitlement of respondent No....

High Court

Bombay High Court Allows Gratuity Claims of Resigned Judicial Officers in Service Law Dispute. Resignation Does Not Forfeit Statutory Gratuity Under Payment of Gratuity Act, 1972 for Judicial Officers with Over 12 Years of Service.

25 Sep 2012

The judgment concerns two writ petitions filed by former judicial officers of the Maharashtra State Judicial Service. The petitioners, Jeevan Kashinat...

High Court

Bombay High Court Allows Writ Petition for Gratuity Payment Despite Departmental Enquiry — Forfeiture of Gratuity Requires Specific Finding of Quantified Loss. Employer Cannot Forfeit Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Without Specific Charge and Finding of Quantified Loss.

29 Nov 2010

The petitioner, Vinod Vinayak Jinturkar, a former employee of the Maharashtra Small Scale Industries Development Corporation (respondent no.2), filed ...

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