https://www.taxtmi.com/caselaws?id=365462 Gratuity under the Payment of Gratuity Act, 1972 cannot be automatically forfeited merely because an employee is dismissed for misconduct. Section 4(6) allows forfeiture only to the extent of actual financial loss caused to the employer, or where the employee's act amounts to an offence involving moral turpitude committed in the course of employment. A settlement or service rule preserving gratuity benefits cannot be overridden by a contrary employer practice, and mere allegations of misconduct or moral turpitude are insufficient without proof of loss or a conviction. In the absence of either condition, gratuity remains payable. en-us Tue, 14 Aug 2018 00:00:00 +0530 Fri, 17 Aug 2018 15:30:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=365462 Gratuity under the Payment of Gratuity Act, 1972 cannot be automatically forfeited merely because an employee is dismissed for misconduct. Section 4(6) allows forfeiture only to the extent of actual financial loss caused to the employer, or where the employee's act amounts to an offence involving moral turpitude committed in the course of employment. A settlement or service rule preserving gratuity benefits cannot be overridden by a contrary employer practice, and mere allegations of misconduct or moral turpitude are insufficient without proof of loss or a conviction. In the absence of either condition, gratuity remains payable. Case-Laws Indian Laws Tue, 14 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=365462