Calcutta High Court in M/s. Xpro India Limited vs. State of West Bengal & Ors. (WPA 4620/2025)on August 28, 2025, ruled that an employee’s act of looking for another job, even with a rival company offering better benefits, is a basic right and does not amount to misconduct involving moral turpitude. The Court emphasised that moral turpitude must involve conduct contrary to honesty, modesty, or good morals. In this case, the employer failed to establish any act causing damage, loss, or destruction of property, nor any act that was riotous, disorderly, or morally depraved. Therefore, the Court held that the gratuity payable under the Payment of Gratuity Act, 1972, could not be forfeited.
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