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Supreme Court Dismisses State's Appeal in Leave Encashment Case for Re-employed Government Servant. Re-employed Employee Entitled to Second Leave Encashment Under Rule 36 of Sikkim Government Services (Leave) Rules, 1982, as Rule 32 Creates Legal Fiction Treating Re-employment as Fresh Service Entry.

The dispute originated from the State of Sikkim's appeal against High Court orders that granted leave encashment benefits to a re-employed government ...

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Supreme Court Allows Appointment of Arbitrator in Defence Contract Dispute Over Encashment of Warranty Bond. The court held that the claims were not barred by limitation as bilateral discussions continued until 2019, and the arbitration clause covered the dispute.

The petitioner, a Swiss company engaged in arms manufacturing, entered into a contract with the Ministry of Defence, Government of India, for supply o...

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Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

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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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High Court of Karnataka Allows Writ Petition for Leave Encashment Benefit to Retired Bank Employee — Tribunal's Denial of Leave Encashment Set Aside as Unjustified. Reinstated Workman Entitled to Leave Encashment for Period of Forced Absence Under Industrial Disputes Act, 1947.

The petitioner, H.C. Jayaprakash, was a clerk employed by Vijaya Bank. He was removed from service on 27.09.2001. A dispute was referred to the Centra...