Search Results for "excess salary recovery"

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Search Results for "excess salary recovery"

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Supreme Court

Supreme Court hears cross appeals against National Commission's compensation order in medical negligence death case — all parties challenge quantum and liability apportionment. The core legal issue concerns the adequacy of income proof, necessity of deductions for living expenses and taxes, and the reliance on foreign expert testimony for determining pecuniary loss.

1 Aug 2026

The Supreme Court heard a batch of civil appeals arising from the judgment and order dated 21.10.2011 passed by the National Consumer Disputes Redress...

High Court

Gujarat High Court Quashes Recovery Order Against Employee in Voluntary Retirement Dispute — Employer Cannot Recover Excess Payment Without Opportunity of Hearing. Voluntary Retirement Application Deemed Accepted Under Rule 48 of CCS (Pension) Rules, 1972 When Not Rejected Within Notice Period.

2 Feb 2026

The petitioner, Arjun Gorabhai Rathod, was an employee of the State of Gujarat. He applied for voluntary retirement on 19.10.2019 with a notice period...

High Court

Bombay High Court Quashes Recovery Certificate in Industrial Dispute Over Bonus Calculation. Court holds that Section 33-C(1) of the Industrial Disputes Act, 1947 cannot be used to adjudicate disputed claims requiring determination of entitlement, and that the Authority exceeded its jurisdiction by computing bonus amounts without a prior adjudication of rights.

17 Nov 2025

The Bombay High Court allowed a writ petition filed by Pawan Hans Limited challenging an order dated 27 June 2022 passed by the Authority under Sectio...

High Court

Bombay High Court Partly Allows Insurance Company's Appeal Reducing Compensation in Motor Accident Claim Due to No Loss of Earning Capacity. Claimant's 20% disability did not result in any reduction in salary, so compensation for loss of earning capacity was set aside.

16 Jul 2020

The case involves an appeal by Bajaj Allianz General Insurance Co. Ltd. against the judgment and award dated 02.06.2010 of the Motor Accident Claims T...

High Court

Bombay High Court Upholds Insurance Company's Liability to Pay Compensation in Motor Accident Claim Despite Invalid Driving License — Pay and Recover Principle Applied. Insurance Company Directed to Pay Award Amount to Claimants and Recover from Owner for Breach of Policy Conditions Under Section 166 of Motor Vehicles Act, 1988.

21 Jun 2019

The appeal was filed by National Insurance Co. Ltd. against the judgment and award dated 27/10/2014 of the Motor Accident Claim Tribunal, Pune, in M.A...

High Court

High Court of Karnataka Quashes Recovery Order Against State Agency for Exceeding 20% Limit Under Section 220(6) of Income Tax Act, 1961. Recovery of Rs.16,95,48,869/- for multiple assessment years held illegal as it exceeded the statutory limit of 20% pending appeal.

7 Aug 2018

The petitioner, Bidar Nirmiti Kendra, an agency of the State Government, filed writ petitions under Articles 226 and 227 of the Constitution of India ...

High Court

Bombay High Court Quashes Recovery of Rs.1,40,030 from Retired Teacher in Pay Fixation Error Case. Recovery from Pensionary Benefits Without Prior Notice Held Unjust and Contrary to Supreme Court Precedent.

20 Apr 2018

The petitioner, Grace George Pampoorickal, was appointed as an Assistant Trained Teacher in 1970 and retired on 28 February 2010. Her last drawn pay w...

High Court

Bombay High Court Dismisses MSEB's Challenge Against Industrial Court Order in Unfair Labour Practice Case — Refund of Excess Salary Paid Due to Negligence of Employees Not Recoverable. Held that recovery from employees for no fault of theirs would be unjust and amounts to unfair labour practice under Item 9 of Schedule IV of MRTU & PULP Act, 1971.

24 Aug 2016

The petitioner, the erstwhile Maharashtra State Electricity Board (MSEB), challenged the judgment of the Industrial Court dated 31/01/2005 and 27/01/2...

High Court

Bombay High Court Quashes Recovery Order Against Retired Lecturer in Career Advancement Scheme Case. Recovery of Excess Payment Without Fault of Employee Held Unjust Under Government Resolution Dated 27.02.1989.

13 Sep 2012

The petitioner, Mrs. Z.H. Lamak, a retired Lecturer, challenged an order dated 31.07.1996 directing recovery of Rs.1,04,989/- from her terminal/retira...

High Court

Bombay High Court Allows Refund of ESI Contributions Paid Under Mistake of Law — Employer Entitled to Restitution Under Section 72 of Indian Contract Act. Mistake of Law Does Not Bar Claim for Refund Under Section 75 of ESI Act, 1948.

24 Jun 2005

The petitioners, M/s. Indian Hotels Co. Limited (owner of Taj Mahal Hotel and Taj Intercontinental) and its shareholder, filed a writ petition seeking...

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