Supreme Court of India · 2018-08-14
Union Bank Of India vs C.G. Ajay Babu
- Citation / case number
- AIR 2018 SUPREME COURT 3792
- Court
- Supreme Court of India
- Petitioner
- Union Bank Of India
- Respondent
- C.G. Ajay Babu
- Author
- Kurian Joseph
- Bench
- Sanjay Kishan Kaul, Kurian Joseph
Judgment text excerpt
The Supreme Court addressed whether forfeiture of gratuity under The Payment of Gratuity Act, 1972 is automatic upon dismissal from service. It held that forfeiture is permissible only if the misconduct leading to dismissal caused financial loss to the employer, as per Section 4(6)(a) and (b) of the Act. The Court upheld the High Court's ruling that the respondent was entitled to gratuity since no financial loss was established, thereby affirming the principle that forfeiture must be proportionate to the loss incurred.