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Supreme Court Allows Appeal in Pension Interest Case — No Interest on Delayed DCRG and CVP When Judicial Proceedings Were Pending at Retirement. Rule 4 of Central Civil Services (Commutation of Pension) Rules, 1981 disentitles commutation during pendency of judicial proceedings.

The case pertains to an appeal by the Chief General Manager, Gujarat Telecom Circle, Bharat Sanchar Nigam Ltd. and others against the judgment of the ...

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Bombay High Court at Goa Quashes De Novo Inquiry Order in Disciplinary Proceedings Against Government Officer for Alleged Fraudulent Award of Works Without Tenders. Disciplinary Authority Cannot Order Fresh Inquiry Without Setting Aside Earlier Report and Without Hearing Delinquent Officer.

The petitioner, Shri K. Kamaladinni, a government officer, challenged an order dated 28 August 2018 directing a de novo inquiry into charges against h...

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High Court of Karnataka Allows Writ Petition for Leave Encashment Benefit to Retired Bank Employee — Tribunal's Denial of Leave Encashment Set Aside as Unjustified. Reinstated Workman Entitled to Leave Encashment for Period of Forced Absence Under Industrial Disputes Act, 1947.

The petitioner, H.C. Jayaprakash, was a clerk employed by Vijaya Bank. He was removed from service on 27.09.2001. A dispute was referred to the Centra...

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Supreme Court Upholds Bank's Dismissal of Employee in Disciplinary Proceedings for Fraud and Misconduct. Disciplinary Proceedings Evaluated on Preponderance of Probabilities, Not Criminal Standards, Under Bipartite Settlement and Evidence Act Provisions.

The dispute arose from the dismissal of a bank employee following departmental proceedings initiated by the appellant-Bank, a nationalized entity, aga...

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Supreme Court Allows Union of India's Appeal in Compassionate Appointment Case — Family Pension Must Be Considered as Per Scheme. The Court held that the family pension payable on the date of consideration is a relevant factor for awarding merit points and cannot be disregarded as ad hoc.

The case pertains to an appeal by the Union of India against the judgment of the Madras High Court which affirmed the Central Administrative Tribunal'...

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Supreme Court Sets Aside Dismissal Of Judicial Employee, Reinstates With Back Wages -- Disciplinary Proceedings Found Vitiated Due To Procedural Irregularities And Disproportionate Punishment For Five Days Absence

The Supreme Court allowed the civil appeal filed by Appellant against the judgment of the High Court for the State of Telangana which had dismissed hi...

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Bombay High Court Directs MHADA to Pay Interest on Delayed Gratuity to Retired Employee. Interest of 4% Awarded Despite Pending Departmental Enquiry as Employee Was Deprived of Funds for Over Four Years.

The dispute arose from the withholding of retirement benefits, particularly gratuity, of an Assistant Estate Manager of the Maharashtra Housing and Ar...

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Bombay High Court Dismisses Petition Challenging Industrial Court's Reversal of Workman Status. Social Case Worker's Duties Found to be Administrative and Supervisory, Not Falling Under Section 2(s) of Industrial Disputes Act, 1947.

The petitioner, Chandrakant Devu Shinde, was appointed as a Social Case Worker in the Family Counselling Centre run by Respondent No.1, Chhatrapati Sh...

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Bombay High Court Dismisses Petition Challenging Order to Provide Facilities to Recognised Union Under MRTU and PULP Act. Recognised Union Entitled to Same Facilities as Unrecognised Union Under Section 20 of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

The petitioner, Tata Memorial Centre, challenged an order dated 31.8.2005 passed by the Industrial Court in Complaint (ULP) No. 919 of 2001. The respo...