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2014 Supreme(Del) 1631

RAJIV SHAKDHER
Sushil Kumar Gupta – Appellant
Versus
Chairman ECPF And Gratuity Trusts – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:R.K. Maheshwari, Advocate.
For the Respondents:J.K. Singh, Advocate.

Judgment

Rajiv Shakdher, J.

1. This petition assails the order dated 26.08.2009 passed by the respondents whereby a part of the petitioner’s terminal benefits have been withheld. There are attendant prayers as well which are, that the respondents be directed to release forthwith pending retiral benefits of the petitioner, such as, employer’s contribution to CPF, gratuity and insurance with interest @ 12%; and that, the respondents be directed to pay interest @ 12% on the employee’s share of CPF for the period of 28 months, which is, the period during which the payment was delayed.

2. In order to adjudicate upon the grievance articulated in the petition, the following facts are required to be noticed:-

2.1 The petitioner, was appointed as a Director of the Pune Centre of Software Technology Parks of India (STPI), in July 1997, on deputation from the Department of Electronics, Ministry of Information and Technology, Government of India where, he held the post of Scientist (E).

2.2 On 30.11.1998, the petitioner was absorbed on permanent basis, in STPI. On account of an allegation of misconduct, of having, spent the funds of the organization unauthorisedly and irregularly, for construction







































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