DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
National Textile Corporation Ltd. – Appellant
Versus
S.B. Singh – Respondent
| Table of Content |
|---|
| 1. final conclusion on appeal outcome. (Para 1 , 11 , 16 , 19 , 20) |
| 2. release of retiral benefits under dispute. (Para 3) |
| 3. court's reasoning on disciplinary proceedings. (Para 4 , 5 , 9 , 12 , 15) |
| 4. contestation on withholding benefits based on rules. (Para 6 , 7 , 10) |
JUDGMENT
Amit Bansal, J. (Oral)--On 5th January, 2021, when this appeal first came up for consideration, the following order was passed:
3. The appeal impugns the judgment dated 17th November, 2020 of the Single Judge in W.P.(C) No.3114/2020 instituted by the respondent, seeking a mandamus directing the appellant to release the retiral benefits comprising of gratuity, leave encashment and provident fund (PF) to the respondent. During the pendency of the petition, the respondent's share of PF was released to the respondent, with the appellant's share of PF amount only being retained/withheld. Further, though the respondent, in the writ petition had sought release of gratuity also, but during the hearing before the Single Judge, gave up the relief of release of gratuity and agreed to the same being withheld by the appellant, till the culmination of the disciplinary proceedings initiated against the resp
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