V S DEVARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Introduction:

(2.) After a few years, the employees challenge the deduction. They contend that the deduction is against the law and cite Section 4 (6) of the Payment of Gratuity Act, 1972 ("the Act") in support. That provision provides for forfeiture, however. Then, does the Corporation's enforcing an employee's undertaking and deducting from his gratuity amount to forfeiture beyond that mentioned in Section 4(6) of the Act?

(3.) All the fifteen petitioners worked as plant workers in the second respondent Corporation: Kerala State Bamboo Corporation Limited. On superannuation, they retired from service, in different years beginning from 2001.