Providing a draft judgment for a complex legal case is quite detailed, but I can provide some general insights based on the information given:
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Advance Sick Leave:
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Employee's Argument: Leave was duly approved and applied in good faith.
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Employer's Argument: Not permissible for old employees, hence recovery initiated after 4 years.
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Legal Insight: Retroactive cancellation after such a long period could be challenged under principles of natural justice. The case of Punjab vs. Rafiq Masih may support the employee, as undue hardship for recovery after a significant delay is generally discouraged by courts.
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Half CL:
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Employee's Argument: Leave type was approved multiple times over 2 years, and HRMS system allowed for such leave.
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Employer's Argument: Not permissible as per policy, thus recovery initiated.
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Legal Insight: Since the system allowed and the competent authority approved it repeatedly, the employee acted in good faith. The retrospective recovery may be deemed unfair.
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Absence During Lockdown:
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Employee's Argument: Lockdown was an extraordinary situation, leave was approved, and he was deputedbased on that approval.
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Employer's Argument: No special leave for lockdown absence, hence leave conversion to LWP.
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Legal Insight: Exceptional circumstances like a government-imposed lockdown may warrant special consideration. The employer's actions might be seen as unreasonable considering the unprecedented situation.
Overall Judgment:
- The employee's actions, based on the information provided, seem to be in good faith, relying on approvals and the HRMS system.
- Retrospective recovery and leave adjustments after significant time lapses, especially during extraordinary events like a lockdown, can be challenged.
Suggested Steps:
- The employee should consider seeking legal counsel for a detailed review and potentially challenging the employer's actions on grounds of natural justice and good faith reliance on approved policies and systems.
This is a general overview and not a legal judgment. Consulting a legal expert for tailored advice would be beneficial.