Employee looking for another job even with a rival company is a basic right : Calcutta High Court

The Calcutta High Court held that seeking employment with another company, even a rival, is a basic right and does not amount to moral turpitude.

Justice Shampa Dutt (Paul) ruled that an employee cannot be penalised for exploring better opportunities and set aside the employer’s decision to forfeit gratuity.

The Court directed payment of the full gratuity amount along with 8% interest, noting that the company had failed to prove any misconduct or financial loss.

The ruling came in a plea by an employee whose gratuity was withheld after he sought a job elsewhere.

[M/s. Xpro India Limited. Vs. The State of West Bengal & Ors.]