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D.S. Nakara & Others vs Union Of India on 17 December, 1982

In D.S. Nakara & Others vs Union Of India [(1983) 1 SCC 305], the Supreme Court held that the gratuity is a social welfare measure rendering socioeconomic justice by providing economic security in the fall of life when physical and mental prowess is ebbing corresponding to ageing process and, when one falls back on savings, such payment would not be withheld unless specifically prohibited by any statutory provision.
Supreme Court of India Cites 24 - Cited by 2485 - D A Desai - Full Document

D.V. Kapoor vs Union Of India And Ors on 7 August, 1990

24. Thus, in the light of discussions made above and in view of the ratio laid down by the Supreme Court, it is apparent that the gratuity may be forfeited either partially or in full from an employee during his service, whose service is terminated for any act, willful omission or negligence causing any damage or loss to, or destruction of property belonging to the employer or if the service of such employee is terminated for his riotous or disorderly conduct or any other act of violence on his part or if the service of such employee is terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed in the tenure of employment. In the present case, it is not the case of the petitioner that the service of the respondent no.4 was terminated for any of the Patna High Court CWJC No.18110 of 2015 dt.24-01-2018 10/ 10 abovesaid reasons, so as to withhold his gratuity wholly or partially within the provisions of Section 4(6) of the Act, 1972.
Supreme Court of India Cites 6 - Cited by 185 - K Ramaswamy - Full Document

Jaswant Singh Gill vs M/S. Bharat Coking Coal Ltd. & Ors on 10 November, 2006

In Jaswant Singh Gill vs M/S. Bharat Coking Coal Ltd. & Ors [(2007) 1 SCC 663], the Supreme Court held that the rules framed under the Coal India Executives' Conduct Discipline and Appeal Rules, 1978, which provides for forfeiture of gratuity, were Patna High Court CWJC No.18110 of 2015 dt.24-01-2018 9/10 not statutory rules and the provisions of the Act, 1972 must, therefore, prevail over the rules.
Supreme Court of India Cites 19 - Cited by 157 - S B Sinha - Full Document
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