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Bombay High Court Upholds Continuity of Service for Gratuity Calculation in Cross-Border Employment Transfer. Employer Liable for Gratuity for Entire Service Period Including Foreign Assignment Under Payment of Gratuity Act, 1972.

The judgment involves cross petitions filed by Mercedes-Benz India Pvt. Ltd. (employer) and its ex-employee, Mr. Noshir Nani Desai, challenging an ord...

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Bombay High Court Allows Writ Petition for Release of Retirement Benefits Withheld Due to Caste Certificate Dispute — DOPT Circular Cannot Be Applied Retrospectively Without Following Principles of Natural Justice.

The petitioner, Dilip Chintaman Nandankar, was a Development Officer appointed on 20.05.1987 in the Scheduled Tribe (ST) category in the New India Ass...

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Supreme Court Allows State's Appeal in Invalid Pension Case — Qualifying Service of Ten Years Must Be Satisfied Under Orissa Civil Services (Pension) Rules, 1992. Invalid Pension Under Rule 39 Cannot Be Granted Without Meeting the Minimum Qualifying Service Prescribed Under Rule 47.

The Supreme Court allowed the appeal filed by the State of Odisha against the judgment of the Orissa High Court, which had upheld the Odisha Administr...

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Supreme Court Dismisses State Appeals Against Grant-in-Aid Claims Under Repealed 1994 Order. Employees of Non-Government Educational Institutions Entitled to Grant-in-Aid Despite Repeal of Orissa (Non Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 1994.

The case involves a batch of civil appeals filed by the State of Odisha against various respondents, who are employees of non-government educational i...

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Supreme Court Allows Ad-hoc Lecturer to Continue Until Regular Appointment in UP Education Service Case. Ad-hoc appointment in leave vacancy does not confer right to substantive post; salary directed under Article 142 for work done.

The appellant, Raman Singh, was appointed as an ad-hoc Lecturer in English on 11 August 1993 by the Committee of Management of the third respondent sc...

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Supreme Court Partially Allows Appeal in Insurance Company Service Dispute — No Work No Pay Principle Applied for Period After Punishment Order. Employee Not Entitled to Salary for Period of Unauthorised Absence Despite Subsequent Quashing of Termination Order.

The Supreme Court considered an appeal by the Chief Regional Manager, United India Insurance Company Limited against a judgment of the Allahabad High ...

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Supreme Court Partially Allows Appeal in Insurance Company Service Dispute — No Work No Pay Principle Applied for Period After Punishment Order. Setting Aside of Termination Order Does Not Automatically Entitle Employee to Back Wages; Employee Must Show Willingness to Work.

The Supreme Court considered an appeal by United India Insurance Company against a High Court order directing payment of salary to the respondent, Sir...