Bombay HC: Ex-Employees Win Gratuity Dispute Against Aidem Ventures

Summary: On November 21, 2025, the Bombay High Court ruled in favor of two former employees, Darshan Pitale and Deepak Sharma, against Aidem Ventures Pvt. Ltd. The court decided that the company couldn't hold back their gratuity over alleged wrongdoings after they stopped working there.

The Case Background

This case involves Aidem Ventures Pvt. Ltd. filing complaints against former employees Darshan Pitale and Deepak Sharma. The company tried to hold back gratuity, claiming the ex-employees did something wrong by joining a competitor and sharing company secrets.

Company’s Argument

Aidem Ventures argued that:

• The ex-employees broke a promise not to work for a competitor within a year.
• They supposedly used secret information to steal clients.
• The company referred to a section of the Payment of Gratuity Act, which allows taking away gratuity for serious wrongdoing.

"The respondents used company secrets and private business information," claimed Aidem Ventures.

Court’s Decision

Justice Manish Pitale decided that:

• The supposed wrongdoings happened after the employees left the company, not while they were still working there.
• Gratuity is considered a right under the Indian Constitution, and the company didn't have the right to hold it back without a good reason.
• No warning was given to the employees before the gratuity was taken away, which went against basic fairness.

Legal Precedents

The court mentioned several past cases, including:

• Western Coal Fields Ltd. vs. Manohar Govinda Fulzele: Explained what serious wrongdoing means.
• State of Jharkhand vs. Jitendra Kumar Srivastava: Stressed that gratuity is a right.

Verdict Summary

The court rejected the company's complaints, making it clear that taking away gratuity must follow the rules. Aidem Ventures can still try to get compensation through other legal actions, but this decision clearly supports employee rights regarding gratuity.