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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
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 Counsel, argued on behalf of Sri Rohit Pogula, learned Government Pleader for services – III, appearing for respondents. Perused the material available on record.
3. The original petitioner by name Sri G. Anjaiah (hereinafter referred to as “deceased employee”), filed the present Writ Petition, and during pendency of the Writ Petition, he died and his wife was brought on record as petitioner No.2, vide o
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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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