Jaswant Singh Gill vs M/S. Bharat Coking Coal Ltd. & Ors

The Supreme Court ruled that under Section 4(6)(a) and Section 4(6)(b) of the Payment of Gratuity Act, 1972, gratuity can only be forfeited if the employee's service is terminated for misconduct involving moral turpitude committed during employment. The Court held that since the appellant's service was not terminated but rather he retired, the forfeiture of gratuity was not valid. Consequently, the Court upheld the decision of the Assistant Labour Commissioner directing the payment of gratuity to the appellant.