Topic

forfeiture of gratuity

2 articlesLatest July 2026
Section 4(6)(a) Payment of Gratuity Act | Forfeiture of Gratuity Requires Quantified Loss & Separate Show-Cause Notice : Bombay HC
Case Law Analysis
|Bombay High Court

Section 4(6)(a) Payment of Gratuity Act | Forfeiture of Gratuity Requires Quantified Loss & Separate Show-Cause Notice : Bombay HC

Bombay High Court reinforces that forfeiture of gratuity under Section 4(6)(a) of the Payment of Gratuity Act mandates a quantified financial loss and a distinct show-cause notice, ensuring compliance with natural justice. The ruling sets a precedent that employers cannot forfeit gratuity without adhering to these procedural safeguards, impacting all gratuity forfeiture disputes under labour law.

Forfeiture of Gratuity | Requires Specific Finding of Theft or Mala Fides; Mere Shortage Not Enough for Dismissal: Gauhati HC
|Gauhati High Court

Forfeiture of Gratuity | Requires Specific Finding of Theft or Mala Fides; Mere Shortage Not Enough for Dismissal: Gauhati HC

The Gauhati High Court has ruled that employees with decades of unblemished service cannot be dismissed and stripped of gratuity based solely on unexplained stock shortages without proof of individual dishonesty or malicious intent. This reinforces the principle of proportionality in disciplinary action and protects long-serving public employees from punitive overreach absent culpable conduct.