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2026 LLR WEB 1147 (PUNJAB AND HARYANA HIGH COURT)
Retiral benefits such as gratuity and leave encashment claimed under service rules subsequently declared ultra vires the parent Act cannot be enforced through a writ petition, such rules creating no legally enforceable right.
GRATUITY - Payment of Gratuity Act, 1972 - Leave Encashment - Retiral Benefits - Delegated Legislation - Maintainability - Writ petition by a retired cooperative society employee seeking release of gratuity, leave encashment, and other retiral benefits under service rules applicable to the society, which rules were subsequently held ultra vires the parent Act on account of impermissible sub-delegation of rule-making power - HELD, rules framed by an authority to whom rule-making power stood impermissibly... subscribe to read more..
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