Sub-section (5)& (6) of Section 4 The Payment of Gratuity Act 1972 act which constitutes an offence involving moral turpitude and few references With Gratitude
Sub-section (5) & (6) of Section 4
“4 Payment of gratuity.—(1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,— (a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease: Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is dueto death or disablement: Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority. Explanation .— For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.
xxx xxx xxx xxx
(5) Nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer.
(6) Notwithstanding anything contained in sub-section (1),-
“4 Payment of gratuity.—(1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,— (a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease: Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is dueto death or disablement: Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority. Explanation .— For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.
xxx xxx xxx xxx
(5) Nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer.
(6) Notwithstanding anything contained in sub-section (1),-
"(a)the gratuity of an
employee, whose services
have been terminated for any
act, wilful omission
or negligence causing any
damage or loss to, or
destruction of, property
belonging to the employer, shall be forfeited to the extent of the damage or
loss so caused;
(b)the gratuity payable to an
employee may be
wholly or partially forfeited
(i)if the services of such
employee have been
terminated for his riotous or
disorderly conduct or
any other act or violence on
his part, or
(ii)if the services of such
employee have been
terminated for any act which
constitutes an offence involving moral turpitude, provided that such offence is
committed by him in the course of his employment."
Some Judgements:-
https://www.sci.gov.in/supremecourt/2008/17340/17340_2008_Judgement_26-Apr-2019.pdf
7. Moral Turpitude’ as defined in the Black’s Law Dictionary (6 th ed.) is as follows: “The Act of baseness, vileness, or the depravity in the private and social duties which man owes tohis follow man, or to society in general, contrary to accepted and customary rule of right and duty between man and man.” 3 “implies something immoral in itself regardless of it being punishable by law”; “restricted to the gravest offences, consisting of felonies, infamous crimes, and those that are malum in se and disclose a depraved mind.”
According to Bouvier’s Law Dictionary, ‘Moral Turpitude’ is : “An act of baseness, vileness or depravity in the private and social duties which a man owes to his fellow men or to society in general, contrary to the accepted and customary rule of right and duty between man and man.” Burton Legal Thesaurus defines ‘Moral Turpitude’ as : “Bad faith, bad repute, corruption, defilement, delinquency, discredit, dishonor, shame, guilt, knavery, misdoing, perversion, shame, ice, wrong.”
Whether an offence involves moral turpitude or not depends upon the facts and the circumstances of the case. Ordinarily, the tests that can be applied for judging an offence involving moral turpitude are: a) Whether the act leading to a conviction was such as could shock the moral conscience or society in general; b) Whether the motive which led to the act was a base one, and c) Whether on account of the act having been committed the perpetrators could be consideredto be of a depraved character or a person who was to be looked down upon by the society.
https://www.sci.gov.in/supremecourt/2017/2976/2976_2017_Judgement_14-Aug-2018.pdf
Please refer Para 18 & 20 "At the risk of redundancy, we may state that the requirement of the statute is not the proof of misconduct of acts involving moral turpitude but the acts should constitute an offence involving moral turpitude and such offence should be duly established in a court of law."
Some Judgements:-
https://www.sci.gov.in/supremecourt/2008/17340/17340_2008_Judgement_26-Apr-2019.pdf
7. Moral Turpitude’ as defined in the Black’s Law Dictionary (6 th ed.) is as follows: “The Act of baseness, vileness, or the depravity in the private and social duties which man owes tohis follow man, or to society in general, contrary to accepted and customary rule of right and duty between man and man.” 3 “implies something immoral in itself regardless of it being punishable by law”; “restricted to the gravest offences, consisting of felonies, infamous crimes, and those that are malum in se and disclose a depraved mind.”
According to Bouvier’s Law Dictionary, ‘Moral Turpitude’ is : “An act of baseness, vileness or depravity in the private and social duties which a man owes to his fellow men or to society in general, contrary to the accepted and customary rule of right and duty between man and man.” Burton Legal Thesaurus defines ‘Moral Turpitude’ as : “Bad faith, bad repute, corruption, defilement, delinquency, discredit, dishonor, shame, guilt, knavery, misdoing, perversion, shame, ice, wrong.”
Whether an offence involves moral turpitude or not depends upon the facts and the circumstances of the case. Ordinarily, the tests that can be applied for judging an offence involving moral turpitude are: a) Whether the act leading to a conviction was such as could shock the moral conscience or society in general; b) Whether the motive which led to the act was a base one, and c) Whether on account of the act having been committed the perpetrators could be consideredto be of a depraved character or a person who was to be looked down upon by the society.
https://www.sci.gov.in/supremecourt/2017/2976/2976_2017_Judgement_14-Aug-2018.pdf
Please refer Para 18 & 20 "At the risk of redundancy, we may state that the requirement of the statute is not the proof of misconduct of acts involving moral turpitude but the acts should constitute an offence involving moral turpitude and such offence should be duly established in a court of law."
http://www.merriam-webster.com/
Full Definition of MORAL TURPITUDE
1
: an
act or behavior that gravely violates the moral sentiment or accepted moral
standards of the community; esp : sexual
immorality <was considered unfit to hold office because of moral
turpitude>
2
:
the morally culpable quality held to be present in some criminal
offenses as distinguished from others <permits may be denied for bad moral
character … or conviction for an offense involving moral turpitude — David Fellman>
—
a link with gratitude to author
http://thelawdictionary.org/moral-turpitude
What is MORAL TURPITUDE?
term that is applied to an offense or a crime that is illegal but also shows a person's baseness and depravity. Law Dictionary: What is MORAL TURPITUDE? definition of MORAL TURPITUDE (Black's Law Dictionary) <a href="http://thelawdictionary.org/moral-turpitude/" title="MORAL TURPITUDE">MORAL TURPITUDE</a>
reference REPORTABLE
IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3860 OF 2007
T.A. KATHIRU KUNJU
V
JACOB MATHAI & ANR
Dated:February 16, 2017.
Citation: AIR 2017 SC 1041,(2017)5 SCC 755
"courts are inclined to examine the question as to
whether such gross negligence involves moral
turpitude or delinquency. In dealing with this
aspect of the matter, however, it is of utmost
importance to remember that the expression
"moral turpitude or delinquency" is not to receive
a narrow construction"
whether such gross negligence involves moral
turpitude or delinquency. In dealing with this
aspect of the matter, however, it is of utmost
importance to remember that the expression
"moral turpitude or delinquency" is not to receive
a narrow construction"
https://indiankanoon.org/doc/65615/
https://indiankanoon.org/doc/11617/
Allahabad High Court
Mangali vs Chhakki Lal And Ors. on 17 April, 1962
Equivalent citations: AIR 1963 All 527, 1963 CriLJ 489
Bench: A Srivastava
ORDER A.P. Srivastava, J.
"the tests which should ordinarily be applied for judging whether a certain offence does or does not involve moral turpitude appear to be:
(1) whether the act leading to a conviction was such as could shock the moral conscience or society in general,
(2) whether the motive which led to the act was a base one and
(3) whether on account of the act having been committed the perpetrator could be considered to be of a depraved character or a person who was to be looked down upon by the society.
6. No absolute standard can be laid down for deciding whether a particular act is to be considered one involving moral turpitude but the above are the general tests which should be applied and which should in most cases be sufficient for enabling one to arrive at a correct conclusion on the question."
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