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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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Bombay High Court Allows Writ Petition Challenging Industrial Court's Order Setting Aside Labour Court's Award of Gratuity and Leave Encashment. Recovery of Amount from Retired Employee's Retiral Benefits Without Opportunity of Hearing Held Unjustified.

The petitioner, Tularam s/o Adkuji Bhogare, was employed as a Grader with the Maharashtra State Co-operative Tribal Development Corporation Limited (M...

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Bombay High Court Quashes Condonation of Delay in Gratuity Appeal — Delay Beyond 120 Days Cannot Be Condoned Under Payment of Gratuity Act, 1972. Section 7(7) First Proviso Imposes Absolute Bar on Entertaining Appeal Filed After 120 Days from Receipt of Controlling Authority's Order.

The petitioner, Changunabai Sambhaji Gaware, a retired employee, filed a writ petition challenging the order of the Industrial Court dated 18.11.2014,...

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Bombay High Court Dismisses Employer's Writ Petition Challenging Gratuity Order Due to Alternate Remedy. Employer failed to avail statutory appeal under Section 7(7) of Payment of Gratuity Act, 1972, hence writ petition not maintainable.

The petitioner, Chanda Khand Sahakari Shetkari Kharedi Vikri Sanstha, was the employer of respondent No.1, Dattatraya Ramchandra Gaund, who was appoin...

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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 Dismisses Writ Petition Challenging Gratuity Order Due to Availability of Alternative Remedy Under Section 7(7) of Payment of Gratuity Act, 1972. Writ jurisdiction under Articles 226 and 227 cannot be invoked when statutory appeal remedy is available and not exhausted.

The petitioner, Chief Executive Officer of Zilla Parishad, Beed, challenged the order dated 23/08/2011 passed by the Assistant Labour Commissioner and...