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1 - 9 of 9 (0.43 seconds)Article 14 in Constitution of India [Constitution]
Article 38 in Constitution of India [Constitution]
Article 39 in Constitution of India [Constitution]
Article 39A in Constitution of India [Constitution]
Article 43 in Constitution of India [Constitution]
Article 46 in Constitution of India [Constitution]
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.
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
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NEUTRAL CITATION
C/LPA/282/2024 ORDER DATED: 28/03/2024
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given such a benefit conditionally on an undertaking.
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