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In order to forfeit gratuity of terminated employee u/s 4(6)(b)(ii) of PG Act, 1972, his conviction for an offence involving moral turpitude is mandatory

Case Law Details

Case Name
The General Manager, Vs Shri Jitendra Kumar Shrivastava (Chhattisgarh High Court)
Date of Judgement/Order
Only available for paid members
Advertisement It was held that in order to invoke Section 4 (6) (b) (ii) of the PG Act to forfeit an amount of gratuity payable to an employee, the condition precedent is that terminated employee must be convicted for an offence for the time being in force and that offence must be an offence involving moral turpitude. 1. Renowned issue that emanates for consideration in this writ petition is whether the employer (petitioners herein) is justified in forfeiting the amount of gratuity payable to the employee (respondent herein) on the ground of his dismissal from service without his conviction...
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