1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5432 OF 2009 Western Coal Fields -vs- Shriram M. Niranjane and others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. M. Anilkumar, Adv. for petitioner. CORAM : B.P. DHARMADHIKARI, J. DATED : MARCH 9, 2010. The respondent employee was dismissed, after Departmental Enquiry on 22/05/2007. At the order of dismissal shows that it was for procuring bribe from an employee. It however does not forfeit his gratuity and expressly states that he has to bring no due certificate to recover his arrears/dues from employer. Thereafter employee moved for release of his gratuity amount and he was informed that his gratuity is forfeited, as he was dismissed from service on charges involving moral turpitude. However, there is no order of forfeiture of gratuity separately passed. The communication therefore is of forfeiture without any order. Learned counsel for petitioner has relied upon judgment reported at 2006, Vol.2 CALLT, 89; The Indian Iron and Steel Co. Ltd. -vs- Himangshu Bikash Sarkar and others, wherein learned Single Judge of Hon’ble Calcutta High Court has permitted employer to give opportunity of hearing to the respondent and then to pass an order of forfeiture. However, facts as pointed out in 2 paragraphs-1 and 2 of said judgment, show that already order of forfeiture was passed by employer, but it was without hearing the employee. Identical judgment of learned Single Judge of Gujarat High Court is pointed out by me today in Writ Petition No.4897/2009. For reasons recorded therein, no case is made out warranting any interference in the present writ petition. Writ petition is therefore dismissed. No cost. JUDGE Khunte