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Bombay High Court Allows MCGM's Writ Petition Against Gratuity Order Due to Procedural Irregularities. Controlling Authority's Ex Parte Order Set Aside as Corporation Was Not Given Proper Opportunity to Be Heard.

The Municipal Corporation of Greater Mumbai (MCGM) filed a writ petition challenging three orders: (1) an ex parte order of the controlling authority ...

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Bombay High Court Allows Writ Petition of Bank Employees' Union; Quashes Recall Order Denying Compensation. Employees Who Opted for Voluntary Retirement Before Bank Liquidation Held Entitled to Payment as Employment Relationship Continues Until Full Settlement.

This writ petition under Article 226 of the Constitution of India was filed by a trade union representing 55 employees of Solapur Nagari Audyogic Saha...

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Supreme Court Allows Appeal in Pension Interest Case — No Interest on Delayed DCRG and CVP When Judicial Proceedings Were Pending at Retirement. Rule 4 of Central Civil Services (Commutation of Pension) Rules, 1981 disentitles commutation during pendency of judicial proceedings.

The case pertains to an appeal by the Chief General Manager, Gujarat Telecom Circle, Bharat Sanchar Nigam Ltd. and others against the judgment of the ...

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Bombay High Court Allows Petition for Interest on Delayed Retiral Benefits to Exonerated Employee — Rule 55A(7) of Pension Rules, 1953 Deems Payment Due from Retirement Date, Not Exoneration Date, and Interest Is Payable Without Proving Administrative Lapse.

The petitioner, Narayan Pundalik Pathade, a retired employee of the Municipal Corporation of Greater Mumbai (MCGM), filed a writ petition under Articl...

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Madras High Court Allows Writ Appeal, Directs Revenue Recovery of Gratuity Award Under Payment of Gratuity Act, 1972 — Finality of Award Precludes Recalculation by Writ Court.

The appellant, S.Sivathanupillai, was a former employee of Arulmigu Parthasarathy Swamy Temple (4th respondent). The Joint Commissioner of Labour, Che...

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Bombay High Court Dismisses Employer's Petition Challenging Gratuity Award to Principal. Teacher/Principal Held to Be 'Employee' Under Section 2(e) of Payment of Gratuity Act, 1972, Following Supreme Court Precedent.

The petitioner, Vidarbha Youth Welfare Institution (Society), challenged the judgment and order dated 29-5-2010 passed by the Controlling Authority un...

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Bombay High Court Allows Employer's Petition Against Gratuity Award in Favour of Dismissed Employee for Fraudulent School Certificate. Forfeiture of Gratuity Upheld Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972 for Misconduct Involving Moral Turpitude.

The petitioner, Western Coalfields Ltd., challenged the orders of the Controlling Authority (Assistant Commissioner, Labour, Chandrapur) dated 21.10.2...