Employee Denied Gratuity Due to Moral Turpitude; HC Modifies Labour Court's Award on Backwages

The HC partly allowed the petition, modifying the Labour Court's award. The employee, dismissed for misappropriation, was initially granted 50% backwages until superannuation. The HC upheld this but denied gratuity due to proven moral turpitude. Despite procedural faults in the Labour Court's decision, remanding the case was deemed unnecessary given the employee's retirement and prior payments. The absence of a de novo enquiry reservation in the Written Statement further influenced the decision. The rule was made partly absolute, emphasizing the employee's deprivation of gratuity.

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Issues:
1. Dismissal of employee on charges of misappropriation
2. Impugned judgment and award of the Labour Court
3. Past record of the employee
4. Fairness of the enquiry process
5. Backwages and gratuity entitlement
6. Remittance of the matter back to the Labour Court
7. De novo enquiry reservation in the Written Statement

Analysis:

1. The employee was dismissed on charges of misappropriation, which led to a reference to the Labour Court. The impugned judgment set aside the dismissal and awarded the employee 50% backwages till superannuation. The petitioner argued that the employee's past record showed similar misconducts, questioning the fairness of the enquiry process.

2. The Labour Court's decision was challenged on the grounds of deciding all issues in one stroke, including the enquiry officer's findings. The Court held that the Labour Court erred in not following the proper procedure, citing precedents. Despite finding faults in the Labour Court's approach, the High Court deemed remanding the matter unnecessary due to the employee's superannuation and existing payments.

3. The issue of remitting the matter back to the Labour Court for a fresh decision arose, considering the employee's age and the need for a de novo enquiry. The Court noted the absence of reservation for a de novo enquiry in the Written Statement, making it impossible even if the domestic enquiry was set aside.

4. Ultimately, the High Court partly allowed the petition, depriving the employee of gratuity but granting the 50% backwages awarded by the Labour Court. The impugned award was modified accordingly, emphasizing the employee's deprivation of gratuity due to the proved charge of moral turpitude. The rule was made partly absolute in these terms.

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