AI Overview...
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Non-Employment Period and Terminal Benefits - Courts have clarified that periods of suspension or non-employment, such as suspension periods, are generally not counted towards terminal benefits like gratuity or pension, unless explicitly ordered otherwise. For instance, orders specify that suspension periods are not reckonable for terminal benefits and no additional salary or benefits are payable during such periods, except subsistence allowance M. P. Ashok Kumar VS State Bank of Travancore Zonal Office, Calicut, Rep. by The Deputy General Manager - Kerala, A. Govindan VS State Bank of Travancore Zonal Office - Kerala, A GOVINDAN vs STATE BANK OF TRAVANCORE Advocate - SRI P RAMAKRISHNAN, SC, STATE BANK OF TRAVANCORE ,SRI P RAMAKRISHNAN, SC, STATE BANK OF TRAVANCORE - Kerala.
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Legal Precedents on Benefits and Employment Rights - Courts have emphasized the importance of adhering to regulations regarding terminal benefits and have rejected claims that suspension or non-employment should be counted for benefits unless explicitly ordered. The judgments reference landmark cases like Maharashtra State Road Transport Corporation v. Balwant Regu and Sharma Transport v. State of West Bengal, which reinforce that benefits are not automatically extended during suspension JIGYASA TIWARI (MINOR) Vs State - Allahabad, A. K. Bindal VS Union Of India - Supreme Court.
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Implications for Transport Corporation Employees - For employees like Manjula J of Transport Corporation, periods of suspension or non-employment are typically excluded from calculations of terminal benefits unless a specific order states otherwise. The courts have upheld that benefits such as gratuity, pension arrears, or other terminal benefits are not to be extended for periods of suspension T.Sridharan vs The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd. - Madras.
Analysis and Conclusion
The legal framework and court rulings indicate that non-employment periods, including suspension, are generally not counted towards terminal benefits unless explicitly ordered. For Transport Corporation employees such as Manjula J, suspension periods do not accrue towards terminal benefits under standard practice, aligning with judicial precedents that safeguard the integrity of benefit calculations based on actual employment periods [reference: M. P. Ashok Kumar VS State Bank of Travancore Zonal Office, Calicut, Rep. by The Deputy General Manager - Kerala, A GOVINDAN vs STATE BANK OF TRAVANCORE Advocate - SRI P RAMAKRISHNAN, SC, STATE BANK OF TRAVANCORE ,SRI P RAMAKRISHNAN, SC, STATE BANK OF TRAVANCORE - Kerala].
Search Results for "Non Employment Period Counted for Terminal Benefits Transport Corporation Manjula J"
2025 Supreme(Online)(MAD) 3279 • India - High Court of Madras
R.N.MANJULA, J
The Court observed the necessity for the terminal benefits under applicable regulations, recognizing the circumstances hindering ... benefits including gratuity and pension arrears, first requested by the petitioner post-superannuation. ... concerns the issuance of a Writ of Mandamus as per Article 226 of the Constitution of India, urging the respondents to disburse terminal ... Even in the counter it has been stated that in compliance of the above order, certain payments have been made towards the #HL....
2003 3 Supreme 669 • India - Supreme Court
S.RAJENDRA BABU, G.P.MATHUR
Bombay Municipal Corporation AIR 1987 SC 108. ... So far as sick enterprises which were registered with BIFR it was directed that the revision in pay scale and other benefits would ... companies it is the responsibility of the companies to pay them salary and if the company is sustaining losses continuously over a period ... This is in addition to terminal benefits. ... of pay scale for an earlier period. ... Regarding the submission based upon violation of fundamental rights of the pe....
2016 0 Supreme(Ker) 303 • India - Kerala
P.R.RAMACHANDRA MENON, ANIL K.NARENDRAN
It is further ordered that for the suspension period, no further salary or any amount by way of any other benefit shall be payable by the bank apart from the subsistence allowance already paid. The period of suspension will not be reckoned for any other purposes including terminal benefits, if any. ... There is also an order to recover Rs.3,000/- towards loss and it has been ordered that, no salary will be paid for suspension period and further that the suspension period#HL_E....
2016 0 Supreme(Ker) 488 • India - Kerala
P.R.RAMACHANDRA MENON, ANIL K.NARENDRAN
It is further ordered that for the suspension period, no further salary or any amount by way of any other benefit shall be payable by the bank apart from the subsistence allowance already paid. The period of suspension will not be reckoned for any other purposes including terminal benefits, if any. ... There is also an order to recover Rs.3,000/- towards loss and it has been ordered that, no salary will be paid for suspension period and further that the suspension period#HL_E....
2022 0 Supreme(All) 472 • India - Allahabad
VIVEK KUMAR BIRLA, VIKAS BUDHWAR
of interim order so granted by this Court permitting her to pursue M.B.B.S. course till its terminal destination - It is a consistent ... review can adorn the chair of rule enacting authority to decide educational qualifications - Whether petitioner is entitled to benefit ... NCC category, which is under horizontal reservation category - Mere continuance of any interim order does not create any right or benefit ... Firm Maur, AIR 1965 SC 1216; Maharashtra State Road Transport Corporation v. Balwant Regu....
2016 Supreme(Online)(KER) 26685 • India - High Court of Kerala
P.R.RAMACHANDRA MENON, ANIL K. NARENDRAN, JJ
for committing fraudulent banking misconduct, contended that the penalties imposed were excessive and sought reinstatement and benefits ... It is further ordered that for the suspension period, no further salary or any amount by way of any other benefit shall be payable by the bank apart from the subsistence allowance already paid. The period of suspension will not be reckoned for any other purposes including terminal benefits, if any. ... There is also an order to recover Rs.3,000/- t....
2024 0 Supreme(SC) 604 • India - Supreme Court
D. Y. CHANDRACHUD, HRISHIKESH ROY, ABHAY S. OKA, B. V. NAGARATHNA, J. B. PARDIWALA, MANOJ MISRA, UJJAL BHUYAN, SATISH CHANDRA SHARMA, AUGUSTINE GEORGE MASIH
In Sharma Transport v. ... State of West Bengal, (1989) 3 SCC 211 the levy of ‘rural employment cess’ on tea estates under the West Bengal Rural Employment and Production Act 1976 was challenged. ... British India Corporation, (1964) 2 SCR 114 [15]] 83. ... 263[Constituent Assembly Debates, Volume 9 (1 September 1949)] In International Tourist Corporation v. ... Land was defined to mean “land of whatever description […] and includes all benefits to arise out of lands.” In Mahanadi Coal....
• India - Madras
Corporation Ltd. ... The Managing Director, Tamil Nadu State Transport Corporation Ltd., rep.by its Managing Director, Tamilnadu State Transport Corporation(Villupuram) Ltd., 1 R.MANJULA ...
• India - Allahabad High Court
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Firm Maur, AIR 1965 SC 1216; Maharashtra State Road Transport Corporation v. Balwant Regular Motor Service, Amravati & Ors., AIR 1969 SC 329; P.R. Deshpande v. ... Vikram Cement & Ors., AIR 2009 SC 713; and Pradeep Oil Corporation v. Municipal Corporation of Delhi & Anr., (2011) 5 SCC 270). 35. ... (3) Whether the petitioner is entitled to benefit of the interim order so granted by this Court permitting her to pursue the M.B.B.S. course till its terminal destination? ... t....
2000 Supreme(Online)(CERC) 1 • India - Central Electricity Regulatory Commission
NHPC is hereby directed to adjust the O&M data downwards under the assumption of employment level as in 1999-2000. This implies that the employee remuneration for the past data should be adjusted on the basis of employment in 1999-00. ... Ltd. has also concurred with the above views that the period between tariff settings should be long enough for companies to experience the benefits of increased efficiency. It has recommended an initial review after 3 years, with regular reviews at 5 year intervals thereaft....
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