MANAGEMENT OF TOURNAMULLA ESTATE vs WORKMEN

The Supreme Court held that under Clause (4) of the Gratuity Scheme, a workman's gratuity can be forfeited if found guilty of serious misconduct, such as riotous and disorderly behavior. The Court clarified that misconduct is categorized into three types, with serious misconduct allowing for complete forfeiture of gratuity. The appeal was allowed, overturning the Labour Court's decision in favor of the workman, as the dismissal was justified due to the nature of the misconduct.