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High Court Allows Writ Petition Quashing Orders Treating Termination Period as Break in Service and Recovery of Excess Amount from Pensionary Benefits. Reinstatement Without Back Wages Does Not Imply Break in Service, and Recovery from Retired Employee is Impermissible Under Supreme Court Guidelines.

The dispute arose from a writ petition filed by a former driver employed by the Zilla Parishad, Kolhapur, challenging orders that declared his termina...

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Gujarat High Court Dismisses Employer's Challenge to Industrial Tribunal Award Granting Pay Scale to Workmen in Education Society. Tribunal's Direction to Pay Wages in Pay Scale of Rs. 2550-3200 Upheld as Based on Evidence and Principle of Equal Pay for Equal Work Under Industrial Disputes Act, 1947.

The petitioner, Nagar Prathmik Sikshan Samiti (NPSS), an educational society, challenged the judgment and order dated 31.01.2018 passed by the learned...

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Gujarat High Court Allows Petition of Daily Wagers Against Recovery of Excess Salary. Recovery Order Quashed as Arbitrary Under Article 226 of Constitution of India for Payments Made Under Government Resolution Without Misrepresentation.

The petitioners, nine daily wagers employed with the respondent State of Gujarat, challenged a recovery order dated 04/02/2013 (No.113 of 2013) seekin...

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Bombay High Court Allows Writ Petition of Retired Teacher Challenging Recovery of Excess Salary from Gratuity. Recovery of Rs.1,39,316/- Set Aside as Payment Was Due to Departmental Error Without Misrepresentation by Employee.

The petitioner, Ashok Buchayya Pusalwar, was an Assistant Teacher with the Zilla Parishad, Gadchiroli, appointed on 24-10-1996. He voluntarily retired...

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Supreme Court Quashes High Court Order in MACP Scheme Case Due to Erroneous Interpretation of Grade Pay Entitlement. Employees Entitled to Immediate Next Higher Grade Pay of Rs.5400 Under Clause 8.1 of MACP Scheme and CCS (Revised Pay) Rules, 2008, Not Based on Next Promotional Post.

The dispute arose from a challenge by the Director, Directorate of Enforcement, New Delhi, and another against a High Court order that granted grade p...

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Bombay High Court Dismisses Appeal of Educational Institution Challenging Provident Fund Applicability. Establishment Not Exempt Under Section 16(1)(a) or (b) of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 as It Uses Power and Employs More Than 20 Persons.

The appellant, M/s. Aniket College of Social Work, is a society registered under the Societies Registration Act, 1860 and the Maharashtra Public Trust...

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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.

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