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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 Dismisses Municipal Corporations' Appeals, Holds Payment of Gratuity Act, 1972 Applicable to Local Bodies. Municipal Employees Entitled to Gratuity Under Central Act Despite State Regulations Providing Lower Benefits.

The Supreme Court dismissed two civil appeals filed by Municipal Corporations of Kanpur and Gorakhpur against High Court orders upholding the Controll...

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Supreme Court Dismisses Municipal Corporations' Appeals, Holds Payment of Gratuity Act, 1972 Applicable to Local Bodies via Central Notification. The Act overrides inconsistent state regulations, entitling employees to gratuity under the Act.

The Supreme Court dismissed two civil appeals filed by Nagar Ayukt Nagar Nigam, Kanpur and Nagar Nigam, Gorakhpur against orders of the Allahabad High...

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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 Employee's Petition Challenging Correction of Date of Birth in Service Records. Employer's reliance on original School Leaving Certificate over employee's subsequent claim upheld as proper exercise of administrative power.

The petitioner, Ashok Ramchandra Nirmal, was appointed as a Clerk with the respondent college on 23rd September 1986. At the time of appointment, he s...

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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 Employer's Challenge to Gratuity Award for Workman in Continuous Service Dispute. Payment of Gratuity Act, 1972 — Employer failed to prove break in service despite alleged termination during 1982 strike; workman deemed in continuous service for 30 years.

The Petitioner, M/s. Phoenix Mills Limited, challenged the Judgment and Order dated 23rd March 2004 passed by the Controlling Authority under the Paym...