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Bhel Small And Medium Industries ... vs Bharat Heavy Electricals Limited on 1 February, 2018

15. The learned senior counsel for the respondent would, in support of his contention, rely upon the judgments of the Hon'ble Supreme Court in the cases of Master Marine Service (P) Ltd v. Metcalfe & Hodgkinson (P) Ltd, (2005) 6 SCC 138; Jagish Mandal v. State of Orissa, (2007) 14 SCC 517; Haryana State Agricultural Marketing Board v. Sadhu Ram, (2008) 16SCC 405; Southern Region Bulk LPG Transport Owners Association v. Union of India, (2010) SCC online Mad 3373; Lanco Infratec Ltd v. Chief General Manager (Contracts) NLC Ltd , 2013 (6) CTC 667; PUnjai Puliyampatti Municipality Shopping Complex Lessee Welfare Association v. Commissioner of Municipalities Administration, (2016 SCC online Mad 1727; and T.Vijaya Sekar v. Union of India and others (W.P.No.315, 316, 3066, 3818 of 2016 dated 25.04.2016).

Swarn Lata vs Prasar Bharati, M/O Information And ... on 20 January, 2026

8. It was further contended that recovery from retiral dues such as leave encashment is impermissible in the absence of any statutory provision, especially when no disciplinary or criminal proceedings were pending against her. The applicant submitted that the undertaking relied upon by the respondents is of no legal consequence, as held in T. Vijayan Vs. Union of India & Others, decided by the Ernakulam Bench on 03.10.2018, wherein similar recovery was quashed despite an undertaking. The applicant also pleaded violation of principles of natural justice, as the reduction of pay and recovery were effected without any Digitally signed by MAMTA prior notice or opportunity of hearing, causing serious civil WADHWA consequences.
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