SURESH SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Shri Vivek Jain, learned Counsel for the petitioner.

(2.) Petitioner has filed this petition mentioning therein that he was dismissed from service on account of his two months long absence but he has not been paid certain statutory dues which did not forfeit along with such dismissal namely refund of employees deposit fund, refund of security amount, gratuit, and difference of revised pay upto date of dismissal. It is clearly mentioned in para 5.5 that Pay Scale as then prevailed from 1984-1985 i.e. 775-1220 was revised from 1994-1996 i.e. 825-1380.

(3.) In view of such averments, it is also submitted that petitioner's gratuity shall not stand forfeited inasmuch as in terms of the provisions contained in section 4 (6) of the Payment of Gratuity Act, 1972, the gratuity of an employee, whose services have been dismissed for any act, wilful omission for negligence causing any damage or lost to, or destruction of property belonging to the employer shall be forfeited to the extent of the damage or loss so caused. It is petitioner's contention that since no loss has been caused by him to the property belonging to the employer he shall be entitled to gratuity.