JASWANT SINGH GILL vs M/S. BHARAT COKING COAL LTD. .

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