AI Overview...
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VRS Benefits and Challenge to Orders - Employees opting for Voluntary Retirement Scheme (VRS) cannot challenge the dispensation of service order after receiving the VRS amount, especially when they have been paid ex-gratia and other benefits in pursuance of settlement. The courts have held that once VRS benefits are availed and received, the employee's right to challenge the order is limited, and their claims cannot be equated with regular employees seeking regularization. G. Pyada Rao VS Food Corporation of India, rep. By its M. D. - Andhra Pradesh, Assistant General Manager, State Bank of India VS Radhey Shyam Pandey - Supreme Court, ASSISTANT GENERAL MANAGER STATE BANK OF INDIA vs RADHEY SHYAM PANDEY - Supreme Court
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Legal Validity of Service Dispensations - Orders of dispensation of service, once executed and benefits paid, are generally considered binding. Challenges to such orders are typically not entertained if the employee has already received the benefits, including ex-gratia amounts, and the dispensation was made in accordance with statutory or contractual provisions. ASSISTANT GENERAL MANAGER STATE BANK OF INDIA vs RADHEY SHYAM PANDEY - Supreme Court, North Delhi Power Limited. vs Delhi Electricity Regulatory Commission. - Appellate Tribunal for Electricity
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Service Continuity and Regularization - Courts have emphasized that workmen who have served continuously in de facto regular roles for extended periods should be treated as continuing in service, and their service rights, including seniority, should be protected. Orders that attempt to deny benefits after a period of service or after payment of VRS benefits are subject to legal scrutiny. NABAKISHORE NAYAK AND OTHERS vs STATE and ORS. - Orissa
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Policy Decisions and Service Conditions - Employees cannot challenge employer policy decisions unless their service conditions are directly affected. Changes in service conditions require proper procedures, and unilateral changes are not permissible. This principle supports the enforceability of dispensation orders once benefits are paid. Air India Aircraft Engineers Association VS Air India Ltd. - Bombay
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Implication - Once VRS amounts and benefits are paid to workmen, they generally cannot challenge the order of dispensation of service, as the benefits serve as a bar to further claims, provided the dispensation was lawful and benefits were properly disbursed. This reinforces the finality of such orders and limits post-payment legal challenges.
Search Results for "After Receiving Vrs Amount the Workmen Cannot Challenge Order of Dispensation of Service"
2013 0 Supreme(AP) 1176 • India - Andhra Pradesh
ASHUTOSH MOHUNTA, DAMA SESHADRI NAIDU
as watchmen, and to the said extent, the judgment of the learned Single Judge cannot be disturbed - Writ appeal allowed. ... Writ Appeal - Industrial Disputes Act, 1947 - Section 18 (1) - Service - Present writ appeal is filed assailing ... the judgement whereby the relief sought by the appellants herein for regularisation of their services as regular watchman in the ... Since the appellants have been receiving all the benefits in pursuance of the settlement, their cases cannot be considered on par with....
2015 0 Supreme(SC) 188 • India - Supreme Court
DIPAK MISRA, V.GOPALA GOWDA
– Key word is retiring from bank’s service – Covers cases of normal retirement/superannuate – Respondents opting for VRS before ... attaining age of superannuation and completing 20 years of service – Not withdrawing within stipulated period – Clarificatory order ... nbsp;Finding of the Court: ... Impugned judgments cannot ... ... SBI cannot deprive its employees opting for VRS of their pension on the ground giving handsome ex-gratia amount under th....
2013 0 Supreme(Bom) 736 • India - Bombay
A.M.KHANWILKAR, A.P.BHANGALE
According to the Respondents, the employees cannot be heard to challenge the policy decision of their employer so long as their service conditions are not affected in any manner. ... Any change in the service conditions as applicable to NTPC employees cannot be done unilaterally qua those employees. ... He further submits that the employment with Respondent No.1 was a contract of personal service, which cannot be assigned without a tripartite agreement. ... Further, t....
2025 Supreme(Online)(ORI) 254 • India - Orissa High Court
In consequence, the Appellant Workmen shall be treated as continuing in service from the date of their termination, for all purposes, including seniority and continuity in service. II. ... Indeed, bureaucratic limitations cannot trump the legitimate rights of workmen who have served continuously in de facto regular roles for an extended period 18. ... Otherwise an order bad in the beginning may by the time it comes to Court on account of a challenge, get validated b....
• India - Supreme Court
have completed 20 years of service or more cannot be denied such benefit. ... provided ex-gratia amount. ... The payment of ex-gratia cannot be held against the employees since it cannot be expected of a person to give up his service before superannuation without reasonable incentives. ... It is only for the purpose of quantifying the amount having regard to service and other allied matters that it may be necessary for ....
2013 Supreme(Online)(APTEL) 22 • India - Appellate Tribunal for Electricity
The learned Counsel for the Delhi Commission submits that non-payment of service tax by MCD/PWD on the service light maintenance charges is commercial dispute between Appellant and MCD/PWD and the amount under this head cannot be passed through to the consumers as the charges of one of the consumer cannot ... Since the said dispensation is statutorily binding, the expenses cannot be treated in the same manner as other A&G expenses, as has been done by the Delhi Commis....
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