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Bombay High Court Allows Widow's Petition Quashing Recovery from Gratuity in Pay Fixation Error Case. Recovery of Excess Payment Made to Deceased Government Employee Without Notice Violates Natural Justice and Cannot Be Deducted from Death Gratuity.

The petitioner, Jayshri w/o Sanjay Chandode, is the widow of Sanjay Bhagirath Chandode, a government employee who worked as a peon in the office of Re...

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Supreme Court Allows Appeal Against Withholding of Pension and Gratuity During Pendency of Criminal Proceedings. State of Bihar's Circulars and Resolution Cannot Override Rule 43(b) of Bihar Pension Rules, 1950 Which Requires a Finding of Guilt Before Withholding Pension.

The appellant, Dr. Hira Lal, was a Touring Veterinary Officer in Bihar who was implicated in the Fodder Scam (RC Case No.48 A/1996) and placed under s...

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High Court of Karnataka Dismisses Petitions Challenging Gratuity Recovery Orders Against Municipal Corporation Employees. Gratuity is a statutory right under the Payment of Gratuity Act, 1972, and cannot be withheld due to pending criminal proceedings or departmental inquiries.

The petitioners, Madhukar and Abdul Kasim Khan (in W.P.No.5919/2008) and the legal representatives of deceased Shivappa (in W.P.No.5920/2008), were em...

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High Court of Karnataka Dismisses Petitions Challenging Gratuity Recovery Orders Against Municipal Corporation Employees. Gratuity Act Section 7(4-A) Recovery Not Barred by Limitation Act; Employer's Failure to Deposit Amount Attracts Interest.

The petitioners, former employees of the Hubli-Dharwad Municipal Corporation, challenged the recovery orders passed by the Deputy Commissioner and App...

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High Court Allows Employer's Petition to Deduct Gratuity for Misconduct Causing Pecuniary Loss Under Section 4(6)(a) of Payment of Gratuity Act, 1972. Disciplinary Order Not Challenged by Employee Attained Finality, Controlling Authority Cannot Set It Aside.

The petitioner, Western Coalfields Ltd., challenged the order of the Controlling Authority under the Payment of Gratuity Act, 1972, which set aside th...

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Bombay High Court Allows Appeal Against Deduction from Gratuity for Cooperative Loan Repayment. Employer Cannot Deduct Gratuity for Loan to Cooperative Society Unless It Is a Government Due Under Rule 132 read with Rule 134 of Maharashtra Civil Service (Pension) Rules, 1982.

The appellant, Ashfaq Husain, was a Section Officer with Zilla Parishad, Washim. Upon his retirement, the respondents (Chief Executive Officer, Block ...

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Bombay High Court Examines Cut-off Date for Workmen Dues in Winding Up of Swadeshi Mills. Official Liquidator's Calculation Up to Appointment of Provisional Liquidator Challenged by Workmen Seeking Dues Up to Winding Up Order.

The matter concerns a company application filed by five workmen of M/s Swadeshi Mills Co. Ltd., which was wound up. The company had approximately 2970...

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Bombay High Court Allows Writ Petition for Gratuity Payment Despite Departmental Enquiry — Forfeiture of Gratuity Requires Specific Finding of Quantified Loss. Employer Cannot Forfeit Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Without Specific Charge and Finding of Quantified Loss.

The petitioner, Vinod Vinayak Jinturkar, a former employee of the Maharashtra Small Scale Industries Development Corporation (respondent no.2), filed ...