#gratuity forfeiture

The Bombay High Court held that a writ petition contesting a gratuity award cannot proceed because the petitioners failed to file an appeal within the 120-day period prescribed by Section 7(7) of the Payment of Gratuity Act, and it affirmed the validity of the notice served on the Trust’s administrative manager. This underscores that parties must strictly observe the statutory limitation to seek relief under the PG Act, affecting employers and former employees alike.

Calcutta High Court rules that proven gross misconduct in disciplinary proceedings is sufficient to forfeit gratuity under Section 4(6)(b)(ii) of the Payment of Gratuity Act, 1972, even without a criminal conviction. The ruling clarifies that procedural lapses in notice are curable, reinforcing employers' rights to withhold gratuity for serious misconduct.