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Bombay High Court Allows Writ Petition Challenging Recovery of Alleged Excess Pay from Leave Encashment – Section 33-C(1) Industrial Disputes Act, 1947. Recovery of excess payment after five years held iniquitous and arbitrary, following Chandi Prasad Uniyal principle.

The petitioner, Vilas Pandurang Markande, a former employee of the Mumbai Port Trust (respondent No.2), filed a Writ Petition challenging the order da...

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Supreme Court Allows Appeal of Retired Employees Against Recovery Orders in Service Law Case Due to Lack of Hearing and Erroneous Employer Interpretation. Recovery of Excess Payments After Retirement Held Illegal as No Misrepresentation by Employees and Based on Equity Principles to Prevent Hardship.

The dispute involved retired stenographers who had been granted financial benefits in 2017 based on the Shetty Commission recommendations, which were ...

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Bombay High Court Allows Petitions Challenging Recovery from Gratuity of Retired Class III and IV Employees. Recovery of excess payment made due to wrong pay fixation without fault of employee is impermissible after retirement.

The judgment concerns two writ petitions filed by retired Auxiliary Nurse Midwives (ANMs) employed with Zilla Parishad, Aurangabad. The petitioners, J...

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Bombay High Court Grants Ex-Parte Decree for Recovery of Excess Payment in Sub-Contract Dispute — Plaintiff Entitled to Recover Rs.12,55,965.21 with Interest at 6% p.a. Plaintiff proved that defendant fabricated bills and was paid in excess of work done, leading to decree under Order 8 Rule 10 CPC.

The plaintiff, M/s. Offshore Industrial Construction Pvt. Ltd., filed a suit for recovery of Rs.12,55,965.21 with interest at 18% p.a. against the def...

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Bombay High Court Quashes Recovery Order Against Retired Employee in Pay Fixation Dispute — No Misrepresentation by Employee. Recovery of Rs.3,46,931/- from pension set aside as order passed without notice and employee not responsible for pay fixation error.

The petitioner, Rangrao s/o Mersing Jadhav, was appointed as a Peon on 08.11.1983 and superannuated on 31.08.2017 as Junior Administrative Officer (Su...

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Madras High Court Quashes Recovery Order Against Retired Agricultural Officer for Excess Pension Due to Violation of Natural Justice and Prolonged Delay. Recovery of Inadvertently Paid Excess Pension Without Misrepresentation or Fraud Held Impermissible Under Article 226 of Constitution of India.

The petitioner, a former Agricultural Officer, retired on 30.04.2014 and was receiving a monthly pension of Rs.43,921 under PPO No.RO-713261. The resp...

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High Court of Bombay Allows Official Liquidator to Keep Provision for EPF Claims in Winding Up of Navinon Limited. Court Directs Refund of Excess Payment to EPF Office Kandivali.

This judgment arises from Official Liquidator's Report No.517 of 2015 in Company Petition No.1176 of 2001, concerning M/s.Navinon Limited (In Liquidat...

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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...