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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAMAVARAPU RAJESHWAR RAO
G. Anjaiah, Died – Appellant
Versus
Dept. Of Coop., Rep. By Sec. – Respondent
| Table of Content |
|---|
| 1. petitioner's request for wage balance due. (Para 1 , 3 , 4) |
| 2. claims based on settlement provisions. (Para 5 , 6 , 7 , 8) |
| 3. response regarding employment conditions. (Para 9 , 12 , 14) |
| 4. court reviews petitioner's arguments. (Para 10 , 11) |
| 5. court's focus on bank's financial status. (Para 15 , 16 , 17) |
| 6. court finds no grounds for relief. (Para 18) |
| 7. writ petition dismissed. (Para 19) |
ORDER:
NAMAVARAPU RAJESHWAR RAO, J.
This Writ Petition is filed seeking to declare the action of the respondents in not releasing the amount towards balance service wages to the petitioner as arbitrary and violative of the terms of the settlement under section 18(1) of the Industrial Disputes Act and Article 14 of Constitution of India and set aside the proceedings in Rc.No.WP.15842/2004/277, dated 18.12.2004. Consequently, direct the respondents to release the sanctioned amount towards the balance service wages along with interest @ 12% per annum with quarterly rests from the date of sanction till the date of actual payment.
2. Heard Sri Goda Siva, Learned Senior Counsel, argued on behalf of Smt. Goda Ramalakshmi Learned Counsel for the petitioner and Sri V. Hari Haran, Learned Senior
The law permits the withholding of employee benefits due to a company's financial incapacity, overriding previous settlement agreements.
The entitlement to compassionate allowance under Regulation 31 of the United Bank of India (Employees) Pension Regulation, 1995 is determined based on the employee's conduct, and proven misconduct or....
The court mandated that claims for compassionate appointment must be evaluated based on prior circulars, emphasizing that financial hardship due to medical incapacity warrants consideration without s....
The main legal point established in the judgment is the mandatory nature of Section 25F of the Industrial Dispute Act, which requires full and complete payment of compensation without any unauthorize....
The main legal point established in the judgment is that approved and registered by-law amendments create a pre-existing right for employees to claim benefits, and the delay in claiming monetary bene....
Retired employees are entitled to gratuity and provident fund unless disciplinary proceedings are initiated against them, and provisions of the Payment of Gratuity Act prevail over state laws.
A statutory corporation cannot withhold the post-retirement benefits of its retired employees without providing them with an opportunity of hearing.
Disciplinary removal does not forfeit pension entitlement due to regulatory amendments; dual punishment is against principles of fairness.
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