AI Overview...
- Lump Sum Payment by Employee - Several sources indicate that employees can pay amounts owed in lump sum, especially in contexts like allotment payments, license fees, or recovery of dues. For example, the payment of the balance amount for plots can be made in lumpsum without interest within a specified period (M. D. , H. S. I. D. C. VS Hari Om Enterprises - Supreme Court) and license fee payments are also made in lumpsum (Trigger Goods Pvt. Ltd. VS State Of Bihar Through The Secretary To The State Government-cum-excise Commissioner - Patna).
- Penalty and Recovery - Penalties for retention of property or delay in payments can be recovered from employees, either as a lump sum or installments, depending on the case. In recovery applications, the courts have recognized recovery of amounts, including penalties, from employees (Chairman VS Tejaji Meghaji Marvadi - Gujarat, A. Arthanareeswaran VS Executive & Administrator, Salem Housing Union, Salem - Madras).
- Discretion and Employee Willingness - The possibility of paying penalties or dues in lumpsum depends on the employee’s willingness and the nature of the obligation. The courts have considered whether the employee agrees to a lumpsum payment, especially in cases involving allotments or contractual dues (M. D. , H. S. I. D. C. VS Hari Om Enterprises - Supreme Court, Trigger Goods Pvt. Ltd. VS State Of Bihar Through The Secretary To The State Government-cum-excise Commissioner - Patna).
- Legal and Procedural Aspects - The recovery process, including whether lump sum payments are permissible, is often governed by contractual terms, statutory provisions, or specific orders from authorities. For example, the execution of foreign decrees allows for recovery via specified modes, which may include lumpsum payments (Ameeka Gupta vs Manish Gupta - Delhi).
- Insights - The general trend suggests that when employees are willing and the legal framework permits, penalties or dues can be settled through lump sum payments. However, this depends on contractual agreements, employee consent, and judicial discretion.
References: - M. D. , H. S. I. D. C. VS Hari Om Enterprises - Supreme Court, Trigger Goods Pvt. Ltd. VS State Of Bihar Through The Secretary To The State Government-cum-excise Commissioner - Patna, Ameeka Gupta vs Manish Gupta - Delhi, Chairman VS Tejaji Meghaji Marvadi - Gujarat, A. Arthanareeswaran VS Executive & Administrator, Salem Housing Union, Salem - Madras
Search Results for "If Employee is Willing Penalty of Recovery can be Paid by the Employee in Lumpsum Amount"
2016 0 Supreme(Guj) 591 • India - Gujarat
K.M.THAKER
reference and recovery applications. ... Fact of the Case: The claimants, former employees, filed petitions against the awards passed by the Labor Court in ... The petitioner was directed to pay the specified amounts to the claimants. ... Tejaji, was staying with him in a room/quarter situate on the precincts of the school and she was casually and intermittently engaged for filling the water and sometime for cleaning/sweeping job. Actually, there was no employer-employee relationship....
2020 0 Supreme(Mad) 1549 • India - Madras
S.VAIDYANATHAN
- Discretionary allotment of quarters - Medical emergency priority Fact of the Case: The petitioner, a government employee ... Writ Petition - Recovery of Rent - Tamil Nadu Housing Board Act, 1947, Section 10 - Tamil Nadu Housing Board Rules, 1961, Rule ... , challenged the demand for rent and penalty for retaining a residential flat after being transferred. ... 2011 and vide final letter dated 07.10.2011, while declining the request of the petitioner for waiver off the penalty amount, a sum of Rs.1,02....
1992 0 Supreme(Kar) 72 • India - Karnataka
The first respondent, a driver, suffered severe bodily injuries in a motor vehicle accident and claimed compensation from the employer ... under the wc Act, action for recovery of compensation for death or bodily injury of such employee could be taken by instituting a proceeding before the Workmen's compensation Commissioner under the WC Act because of the option made available to the claimants under Section 167 of the MV Act. ... Sub-section (3) of Section 4-A thereof refers to a case of an employer committing default i....
2015 0 Supreme(Del) 3360 • India - Delhi
RAJIV SAHAI ENDLAW, G.ROHINI
and give the employee an opportunity to show how his or her case was prejudiced because of the non-supply of the report. ... Hence, in all cases where the enquiry officer's report is not furnished to the delinquent employee in the disciplinary proceedings, the Courts and Tribunals should cause the copy of the report to be furnished to the aggrieved employee if he has not already secured it before coming to the Court/Tribunal ... Where after following the above procedure, the Court/Tribunal sets aside the order of punishment, the proper re....
2012 0 Supreme(Bom) 1483 • India - Bombay
ANOOP V.MOHTA
IV, Items 5, 9 - Constitution of India, Arts.226, 227, 14, 16 - - Denial of, ex-gratia payment by municipal corporation to employees ... who participated in strike – Such action is discriminatory and liable to be set aside---Employees of petitioner have crystallized ... Therefore, if they are not governed by the provisions of Bonus Act and if they take such policy decision to treat and/or provide this lumpsum amount annually to their employees-workers, in my view, we have to see and consider the fact....
2020 0 Supreme(Del) 1013 • India - Delhi
C.HARI SHANKAR
Whether the amount to which the petitioner was entitled, from Respondent No. 1, was far in excess of the cumulative value of the ... The amount to which the petitioner was entitled, from Respondent No. 1, was far in excess of the cumulative value of the Bank Guarantees ... The termination shall take effect 28 days after the date of the dates on which the Contractor receives this notice or the Employer ... The Parties hereby agree that the rate of these damages agreed in this is a reasonable pre-determined amount, and tha....
2008 0 Supreme(SC) 991 • India - Supreme Court
S.B.SINHA, V.S.SIRPURKAR
of industrial plots – Payment of allotement money to be made by instalments - Time schedule to start production also specified - Penalty ... made to re-allot the plots on payment of price as per the current rate - Direction issued to re-allot the plots to the allottees willing ... The balance 75% amount i.e. Rs. 8,91,000/- of the above price of the plot can be paid in lumpsum without interest within 60 days from the date of issue of the allotment letter or in half yearly installments. ... The balance #H....
• India - Delhi High Court
RAJIV SAHAI ENDLAW
execution of the foreign decree passed by the High Court of Justice, Family Division, England, pertaining to the payment of a lump sum amount ... It is argued that since the decree itself provides for the mode of recovery of amount decreed from the judgment debtor, execution can be by that mode only and not by any other mode. ... Family Division has confined the decree of which execution is sought to recovery of money and thus it cannot be said that the decree prescribes only one mode of realization of the decretal #HL_S....
2009 0 Supreme(Mad) 4801 • India - Madras
K.CHANDRU
to be paid by the consumer and restoration of power supply upon deposit of the assessed amount. ... to be paid by the consumer, and restoration of power supply upon deposit of the assessed amount. ... the authorities as it provided for a procedure to be followed, including lodging of complaint within 24 hours, assessment of the amount ... In case the amounts to be paid by the consumer is less than the amount deposited, the refund of the balance #HL_S....
2009 0 Supreme(Pat) 674 • India - Patna
J.B.KOSHY, RAVI RANJAN
As per Clause 2(viii), a security deposit of Rs.50,000/- is to be paid in the form of bank guarantee to the Corporation. As per the conditions of the licence, the licensees have to make a deposit of Rs.1,50,000/- in lumpsum as licence fee. It was already deposited. ... ... 11.3 - The amount payable to manufacturers for the sales provisionally recorded within the week ending every Saturday shall be computed and paid on the following Wednesday. ... ... 15.2 - Dues recovery process:- ... Any outstanding....
Filter by Legal Phrase
