Criminal Conviction by a Court is necessary for forfeiture of Gratuity

In a recent judgment titled Punjab National Bank vs. Niraj Gupta and Anr. the Hon'ble Delhi High Court ("Hon'ble HC") clarified that an employee's gratuity could not be forfeited on the grounds of an 'offence amounting to moral turpitude' if there is no criminal conviction by a court of competent jurisdiction. The Hon'ble HC emphasized that it is not within the employer's authority to determine what constitutes an 'offence amounting to moral turpitude'.

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