Order of recovery of excessive payment made to employees would be impermissible in law if the mistake is detected after 5 years or if it is from Group C or D employees or from retired employees: SC
Order of recovery of excessive payment made to employees would be impermissible in law if the mistake is detected after 5 years or if it is from Group C or D employees or from retired employees: SC Order of recovery of excessive payment made to employees would be impermissible in law if the mistake is detected after 5 years or if it is from Group C or D employees or from retired employees: SC Quashing an order of recovery of excessive payments made to employees, a Supreme Court bench comprising of Justice J.S. Khehar and Justice Arun Kumar Mishra has held that, if the mistake of making a wrongful payment is detected within five years , it would be open to the employer to recover the same, but if the payment is made for a period in excess of five years, even though it would be open to the employer to correct the mistake, it would be extremely iniquitous and arbitrary to seek a refund of the payments mistakenly made to the ...