Guwahati High Court in Smt. Pramila Barman vs. The Assam Power Distribution Company Limited and 4 Ors WP(C) No. 1725/2022,on February 8, 2023 while responding to the question as to whether the employer was justified to recover the excess payments paid to employee on account of overstay in service from the retirement and death benefits, observed that it is an admitted case of the employer that it was on account of oversight from the end of the employer that the employee was not served with superannuation notice and due to whichthe employer allowed the employee to work and took his service for this period therefore employer cannot be allowed to recover the amount paid to the employee for the said period.
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