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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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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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Supreme Court Refers Gratuity Claim of Daily-Wager to Larger Bench Due to Conflict in Precedents. The Court found a conflict between Netram Sahu (2018) and Teja Singh (2009) regarding applicability of Payment of Gratuity Act, 1972 to regularized daily-wagers.

The Supreme Court in this appeal considered whether a daily-wager, who was later regularized as a government employee and superannuated, is entitled t...

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Bombay High Court Dismisses Second Appeal by Widow and Children, Upholding Mother's Share in Son's Provident Fund and Insurance Amounts. Mother of deceased employee held entitled to share as Class I heir under Section 8 of Hindu Succession Act, 1956, in provident fund, gratuity, and insurance proceeds.

The case involves a dispute over the distribution of provident fund, gratuity, and insurance amounts payable upon the death of Ramesh, who died on 09/...

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Bombay High Court Allows Petition by Cooperative Society Challenging Gratuity for Post-Retirement Service. Service after superannuation on contract basis not counted for gratuity under Section 4(1) of Payment of Gratuity Act, 1972.

The petitioner, Janta Central Wholecell and Retail Cooperative Consumers Stores Ltd., challenged the claim of its former employee, Bansilal Lalchand A...

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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 Dismisses Petition Challenging Labour Court Order for Retrenchment Compensation Under Section 33(c)(2) of Industrial Disputes Act, 1947. Employer Liable Despite Nationalization and Transfer of Undertaking.

The petitioner, Empress Mills (a unit of Maharashtra State Textile Corporation), challenged an order dated 14.12.1998 passed by the First Labour Court...

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Bombay High Court Dismisses Petition Challenging LIC's Reduction in Gratuity Fund Policy Surrender Value. LIC's decision to pay 92.5% of cash accumulation upheld as consistent with policy terms and not arbitrary.

The petitioners, trustees of the Godrej & Boyce Manufacturing Company Limited Employees’ Gratuity Trust Fund, had taken out a group gratuity policy ...