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State Of Punjab & Ors vs Rafiq Masih (White Washer) on 18 December, 2014

7. Reliance being placed on the decision in the case of Chandi Prasad Uniyal (supra) also is without merit as the decision in the case of Rafiq Masih (supra) considered the law on the question of recovery including that in the case of Jagdev Singh (supra) and the Hon'ble Apex Court after having examined the decisions rendered by it was of the view that the orders passed by the employer seeking recovery of monetory benefits wrongly extended to the employees can only be interfered with in cases where such recovery would result in hardship of a nature, which would far outweigh, the equitable balance of the employer's right to recover.
Supreme Court of India Cites 15 - Cited by 7379 - J S Khehar - Full Document

High Court Of Punjab & Haryana vs Jagdev Singh on 29 July, 2016

6. As far as argument of learned counsel for the appellant that in light of the decision in the case of Jagdev Singh (supra) it is open for the employer to recover the amounts when an undertaking is given, perusal of the affidavit-in-reply filed by the appellant would indicate that it was not the stand of the Corporation that the benefits of revision of pay were given conditionally on the respondent employees giving an undertaking that in the event a mistake is found, the same shall be recovered. Even the orders granting the benefit which are placed on record dated 22.03.2016 do not record this fact of the employees being Page 10 of 15 Downloaded on : Fri Apr 12 22:47:14 IST 2024 NEUTRAL CITATION C/LPA/282/2024 ORDER DATED: 28/03/2024 undefined given such a benefit conditionally on an undertaking.
Supreme Court of India Cites 1 - Cited by 921 - D Y Chandrachud - Full Document
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