Search Results for "gratuity provision"

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Search Results for "gratuity provision"

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High Court

Bombay High Court Dismisses Petition of Former State Chief Information Commissioner Seeking Pension and Retiral Benefits. Section 16(5) of the Right to Information Act, 2005 does not extend pensionary benefits to State Chief Information Commissioners as the phrase 'other terms and conditions of service' is limited to salary and allowances during tenure.

1 Aug 2024

The petitioner, Shri Prashant S. P. Tendolkar, a retired State Chief Information Commissioner (SCIC) of Goa, filed a writ petition under Article 226 o...

High Court

Bombay High Court Allows Petition of Retired MIDC Employee Challenging Initiation of Enquiry After Superannuation and Withholding of Retiral Benefits. Disciplinary proceedings cannot be initiated after retirement without specific service rule provision; retiral benefits cannot be withheld without following procedure under Rule 9(1) of MIDC Employees' Pension Rules, 1987.

8 Dec 2023

The petitioner, Pratapsinh Kedar Patil, was an employee of the Maharashtra Industrial Development Corporation (MIDC) who served for over 33 years and ...

High Court

Bombay High Court Quashes Recovery Order Against Retired Librarian in Leave Encashment Dispute — Pension Scheme Applicability Determines Entitlement. Leave encashment held to be a retiral benefit available to employees covered under the Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Codes (Terms and Conditions of Service of Non-Teaching Employees) Rules, 1984, and recovery without opportunity of hearing is unsustainable.

28 Apr 2023

The petitioner, Pramod Prabhakarrao Deshmukh, was appointed as Assistant Librarian at respondent 5 institution on 1 October 1982 and superannuated on ...

Supreme Court

Supreme Court Allows Appeal in Part in Rajasthan State Road Transport Corporation Case — Resignation Not Convertible to Voluntary Retirement; Gratuity Payable Under Payment of Gratuity Act, 1972. The Court held that voluntary retirement requires acceptance by the appointing authority and pending disciplinary proceedings justify non-acceptance; resignation cannot be converted to voluntary retirement after acceptance and receipt of benefits.

15 Apr 2020

The case involves an appeal by the Rajasthan State Road Transport Corporation against a High Court order directing them to treat the respondent's dece...

High Court

Bombay High Court Allows Deduction for Retrenchment Compensation Reimbursed by Assessee to Subsidiary Under Contractual Agreement. The court held that retrenchment compensation paid by the subsidiary and reimbursed by the assessee under a contractual agreement is allowable as business expenditure under Section 37(1) of the Income Tax Act, 1961, as it was incurred for commercial expediency and business reorganization.

26 Aug 2016

The case pertains to an Income Tax Reference under Section 256(1) of the Income Tax Act, 1961, for the Assessment Year 1980-81. The assessee, The Wall...

High Court

Bombay High Court Directs Official Liquidator to Adjudicate Workmen's Claims in Winding Up of KMA Ltd. Under Sections 529A and 530 of Companies Act, 1956. Industrial Court's Order on Unpaid Wages Held Binding on Official Liquidator.

6 Jan 2016

The judgment concerns two company applications filed in the winding up of KMA Ltd. (in liquidation). Company Application No.593 of 2011 was filed by a...

High Court

Bombay High Court Directs Official Liquidator to Adjudicate Workmen's Claims in Winding Up of KMA Ltd. Under Sections 529A and 530 of Companies Act, 1956. The court held that the Official Liquidator must consider the Industrial Court's order dated 2 July 2005 in adjudicating claims of workmen.

6 Jan 2016

The judgment concerns two company applications filed in the winding up proceedings of KMA Ltd. (in liquidation). Company Application No. 593 of 2011 w...

High Court

Bombay High Court Allows Writ Petition Challenging Withholding of Gratuity Without Opportunity of Hearing. Withholding of Gratuity for Alleged Negligence in Filing Sales Tax Returns Held Unjustified Under Payment of Gratuity Act, 1972.

3 Jul 2013

The petitioner, Murari Kawadu Kumbhre, a pensioner, retired on 30.6.2008 from the Maharashtra State Cooperative Tribal Development Corporation Ltd. He...

High Court

Bombay High Court Partially Allows Cross Appeals in Service Dispute Over Suspension and Terminal Benefits of Deceased Employee. The court held that salary during suspension is not payable if departmental enquiry is not completed, but provident fund and gratuity are statutory entitlements.

19 Jan 2011

The case involves cross appeals arising from a judgment and decree dated 30.09.1992 in Special Civil Suit No. 102 of 1992. The plaintiffs, heirs of Di...

High Court

Bombay High Court Allows Writ Petition Challenging Post-Retirement Enquiry and Non-Payment of Gratuity. Employer cannot initiate disciplinary proceedings after superannuation as no employer-employee relationship exists; gratuity cannot be withheld pending enquiry.

5 Feb 2010

The petitioner, Dhairyasheel A. Jadhav, superannuated from the services of Maharashtra Agro Industrial Development Corporation Ltd. on 31.12.2003. On ...

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