The High Court allowed a writ petition seeking payment of gratuity. The petitioner had been dismissed for absence but not for misconduct involving moral turpitude. The court held the petitioner entitled to gratuity.
Respondents directed to make payment of gratuity to the petitioner within one month from the date of receipt of this order.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
ORDER
SB Civil Writ Petition No.11454/2009
Ram Surat Pandey versus RSRTC & anr
3.5.2012
HON'BLE MR. JUSTICE MN BHANDARI
Mr Prem Krishna Sharma– for petitioner
Mr Kailash Sharma for Mr DK Bhardwaj – for respondents BY THE COURT:
The application for early listing of the writ petition is
allowed. With the consent of the parties, matter is heard finally.
Learned counsel for petitioner is pressing this writ petition only for payment of gratuity. It is stated that in view of allegations of absence, petitioner was dismissed from service. He is not challenging the order of dismissal but it cannot result in denial of benefit of gratuity in view of provisions of the Payment of Gratuity Act, 1972 (for short 'the Act of 1972').
The proposition has not been opposed by learned counsel for respondents.
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I have considered submissions of learned counsel for
parties and perused the record.
In fact, one can be denied payment of gratuity if services of the employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part or for any act which constitutes an offence involving moral turpitude provided that such an offence is committed by him in the course of his employment and not otherwise. The case of the petitioner does not fall in that category. He was dismissed from service on the ground of absence.
In view of aforesaid, writ petition is allowed to the extent of payment of gratuity, which has been pressed by the petitioner. The respondents are directed to make payment of gratuity to the petitioner within a period of one month from the date of receipt of copy of this order.
MN BHANDARI), J.
bnsharma
All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma)
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PS-cum-JW
1 issue framed by the court
Whether a petitioner dismissed from service on the ground of absence is entitled to payment of gratuity under the Payment of Gratuity Act, 1972.
1 provisions across 1 enactments
Ram Surat Pandey
RSRTC
MN BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
