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High Court Allows Writ Petition for Retirement Benefits and Back Wages After Conviction Quashed -- Dismissal Based on Conviction Set Aside Entitles Employee to Notional Continuity and Full Benefits Under Constitution of India

The petitioner, was dismissed from service as a Gram Sevak-Clerk on 13.01.2012 based solely on a conviction by the Trial Court, without any department...

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High Court Allows Special Civil Application for Continuity of Service Benefits -- Reinstated Workers Entitled to Government Resolution Benefits Despite Labour Court Award Silence on Continuity

The High Court of Gujarat allowed a Special Civil Application filed by seven petitioners who were reinstated by the Labour Court after termination of ...

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High Court Allows Writ Petition for Continuity of Service Benefits -- Reinstated Workman Granted Government Resolution Benefits from 1988 -- Labor Court Reinstatement Implicitly Includes Service Continuity

The High Court allowed a writ petition challenging orders that denied continuity of service benefits to a reinstated workman. The petitioner, engaged ...

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Pension Rights of Temporary Employees Under a Government Scheme

Constitution of India, 1950 – Article 32 – Writ Petition Against Pension Denial – Applicability of Fundamental Rules – Parity With Government ...

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Bombay High Court Directed Payment of Interest on Withheld Retirement Dues After Departmental Inquiry Exoneration. Interest Granted on Delayed Payment of Retiral Benefits to Exonerated Employee

The court ruled that interest is compensatory in nature and must follow when an employee is deprived of their rightful money. Delay in disbursement of...

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Supreme Court Allowed Appeal — Directed Inclusion of Appellant in General Provident Fund-cum-Pension-cum-Gratuity Scheme. Non-Exercise of Option for Contributory Provident Fund Automatically Entitled the Appellant to Default Pension Scheme

Clear provisions of Chapter 16 of the University Statutes indicated automatic entitlement to the pension scheme in absence of opting for the Contribut...

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Interpretation Of Manufacturing Process Under Factories Act, 1948 – Business Of Laundry Held To Constitute Manufacturing Process – Premises Deemed A Factory – Order Issuing Process Restored.

a. Definition of manufacturing process under Section 2(k) includes washing and cleaning for delivery and use – Laundry service falls squarely within...

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Supreme Court Sets Precedent on Pension Entitlement for Job Contract Employees in Odisha. Addressing Procedural Lapses and Upholding Pension Rights – Supreme Court Intervenes Despite Delay in Appeals.

Acts and Sections Discussed: Constitution of India, Article 14 – Equality before Law Odisha Civil Services (Pension) Rules, 1992 – Rule ...

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Forfeiture of Gratuity – No Conviction Required for Moral Turpitude – Supreme Court Clarifies Legal Position. Termination for misconduct constituting an offence involving moral turpitude permits forfeiture of gratuity even without a criminal conviction.

Conviction Not Necessary for Forfeiture – The Supreme Court overruled the earlier interpretation in C.G. Ajay Babu (2018), holding that Section 4(6)...

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Court rules that pension and retiral benefits cannot be denied to the legal heirs of a deceased employee awaiting caste validity certificate. Family Pension, Retiral Benefits, Caste Validity Certificate, Compassionate Employment, Scheduled Tribe, Maharashtra, Welfare State, Legal Heirs.

Pension and Retiral Benefits Claim for Deceased Employee without Validity CertificateThe court ruled that pensionary benefits and gratuity should be p...