Service Law — Retirement/Superannuation — Retiral benefits — Delay in payment — Entitlement to interest:
Where there is delay in paying retirement dues to retired employee, for no fault of his, he is entitled to interest on delayed payment.
Service Law — Promotion — Entitlement to:
In this case appellants were promoted as Assistant Director (Official Language) on ad hoc/officiating basis during years 1993-95 and 2000. High Court by impugned judgment recalled judgment dt. 4-11-2011 and…
Service Law — Pension — Qualifying period/service — Parity:
Though it is settled law that the Rules applicable in matters of determination of pension are those which are in force at the time of retirement, but, held, that does…
Service Law — Penalty/Punishment — Proportionality/Quantum of punishment:
Held, since no financial loss was caused to bank, on the contrary decision to reduce loan amount was taken in bank’s interest, and fact that in appellant’s service span of…
Service Law — Pension — Entitlement to pension — Vested/accrued rights — Divesting of vested/accrued rights with retrospective effect — Permissibility:
Amendment having retrospective operation divesting employee of benefit already granted to him under existing Rules, violative of Arts. 14 and 16 of the Constitution. Employees who had opted for Pension…
Service Law — Dismissal/Discharge — Grounds for dismissal/discharge — Dismissal — Proportionality:
As allegations of fraud committed by employee concerned on employer Bank were fully established, superannuation of employee concerned in the meantime is not relevant. Bank employees always hold position of…
Insolvency and Bankruptcy Code, 2016 — S. 31(1) r/w Ss. 13 and 15:
Claims of Government/Revenue against corporate debtor which are not lodged before resolution professional, after issuance of public notices under Ss. 13 and 15, and not forming part of approved resolution…
Insolvency and Bankruptcy Code, 2016 — Ss. 30, 31 and 62 — Modification/Amendment of resolution plan:
In this case, appellant’s proposal for modification/amendment of the resolution plan was declined by the resolution professional and thereupon, the appellant approached the adjudicating authority by filing an IA. Adjudicating…
Insolvency and Bankruptcy Code, 2016 — S. 7,12 and 30:
Held, the approved resolution plan has to be implemented at the earliest and that is the mandate under IBC.
Insolvency and Bankruptcy Code, 2016 — S. 60(5):
Grant of stay/injunction under provisions of IBC against termination of contract entered into with corporate debtor is not permissible, when: (i) The contract is terminated dehors insolvency proceedings under IBC…