BABARAO/NARAYANRAO WANKHADE Vs. MAHARASHTRA STATE ROAD TRANSPORT

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the rival parties.

(2.) By this writ petition, the petitioner employee has approached this Court challenging an order dtd. 18/6/2020 passed by the appellate Authority under the provisions of Payment of Gratuity Act, 1972, whereby the appeal filed by the respondent No.1 - Corporation was allowed and gratuity directed to be paid to the petitioner as per order of the controlling authority, was set aside.

(3.) The respondent No.1 - Corporation claimed that it had forfeited the payment of gratuity to the petitioner by invoking Sec. 4(6)(b)(ii) of the aforesaid Act, which empowers the employer to do so, if the service of the employee has been terminated for any act which constitutes an offence involving moral turpitude, when the same is committed in the course of employment. While the controlling authority did not accept the stand taken by respondent No.1 - Corporation, the appellate Authority, by the impugned order, accepted the said stand on the basis of the findings in the enquiry report against the petitioner and reversed the order of the controlling authority.