VidhiSangh

Supreme Court of India · 16/02/2025

WESTERN COAL FIELDS LTD. versus MANOHAR GOVINDA FULZELE & ANR.

[2025] 3 S.C.R. 183 · 2025 INSC 233

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Summary

The Supreme Court held that gratuity can be forfeited under Section 4(6)(b)(ii) of the Payment of Gratuity Act, 1972 where an employee is terminated for misconduct that constitutes an offence involving moral turpitude, without any criminal conviction; the contrary view in C.G. Ajay Babu was treated as obiter. It upheld total forfeiture for an employee appointed on a forged date-of-birth certificate but limited forfeiture to 25% for conductors who misappropriated meagre fares.

Issues

  1. Whether forfeiture of gratuity under Section 4(6)(b)(ii) of the Payment of Gratuity Act, 1972 requires that the offence involving moral turpitude be established by conviction in a criminal court.
  2. Whether the interpretation of Section 4(6)(b)(ii) in Union Bank of India v. C.G. Ajay Babu binds the Court or requires a reference to a larger bench.
  3. Whether obtaining appointment by a forged date-of-birth certificate, and misappropriation of fares by conductors, constitute offences involving moral turpitude, and to what extent gratuity should be forfeited in each case.

Provisions considered

Held

Result

Appeals allowed; High Court judgments set aside; forfeiture of entire gratuity of the public sector undertaking's employee upheld; in the conductors' case forfeiture limited to 25% with the balance to be released; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 183.