- (1.) IN the impugned order, the following reason has been assigned: "But evidently in the case before the Controlling authority underthe payment of Gratuity Act, 1972 and Asstt. Labour Commissioner(Central), DhanbadI, in the course of hearing, the provisions prescribed under section 4(6)(b)(ii) of the Payment of Gratuity Act, 1972 was ignored as this provision clearly lays down that if the services of the employee have been terminated for any act which constitute an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment, gratuity payable to an employee may be wholly or partially forfeited. IN the instant appeal, it is an admitted fact that the Respondent was convicted in case No. RC15(A)/90(D) by CBI court and further he was dismissed from the service because of this conviction only and this conviction was inflicted on the Respondent for offence committed by him in the course of employment. It involves the degree of moral turpitude so the Appellant is entitled either wholly or partially to forfeit the gratuity of the Respondent under section 4(6)(b)(ii) of the Act but considering the length of service of the Respondent i.e. 29 years which cannot be ignored entirely, it will meet the end of justice if gratuity payable to the Respondent is forfeited partially to the tune of 50% of the total gratuity amount, hence, the Respondent should be paid a sum of Rs.83263.50 only i.e. 50% of the total gratuity of Rs.166527.00."
(2.) THIS is the only reason given in the impugned order against the petitioner for withholding the gratuity. The petitioner has not at all attempted to meet this reason in this writ petition. Accordingly, this writ petition is dismissed.;