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Bombay High Court Allows Writ Petition for Release of Retirement Benefits Withheld Due to Caste Certificate Dispute — DOPT Circular Cannot Be Applied Retrospectively Without Following Principles of Natural Justice.

The petitioner, Dilip Chintaman Nandankar, was a Development Officer appointed on 20.05.1987 in the Scheduled Tribe (ST) category in the New India Ass...

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Bombay High Court Allows Petition Challenging Remand Order by Appellate Authority Under Payment of Gratuity Act. Section 7(8) of the Payment of Gratuity Act, 1972 Does Not Confer Power to Remand; Appellate Authority Must Decide Appeal on Merits.

The petitioner, Dr. Gajanan Vithoba Jain, a former employee of the respondent-management running Shiv Vaibhav College of Education, Wardha, filed an a...

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Bombay High Court Allows Writ Petition Challenging Denial of Gratuity Under Payment of Gratuity Act, 1972 — Misconduct of Issuing Lesser Denomination Tickets Does Not Constitute 'Theft, Fraud or Dishonesty' Under Section 4(6)(b).

The petitioner, Vasant B. Bhujbal, was employed as a conductor with the respondent-corporation (a State Transport undertaking) from May 1968. On 29 Au...

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Bombay High Court Allows Pensioner's Claim for Balance Gratuity Under VIIth Pay Commission Ceiling. Petitioner restricted claim to Rs.20 lakh ceiling, already paid Rs.9,76,280, balance Rs.10,23,720 directed to be paid with interest.

The petitioner, Dr. Mohammad Modassir, a pensioner and former State Election Commissioner of Goa, filed a writ petition seeking payment of retirement ...

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Bombay High Court Allows Pension Claim of Employee Transferred from Government Institute to Government Company. Holds That Pensionary Benefits Cannot Be Denied on Ground of Transfer Without Option to Retain Government Pension Under Article 14 of the Constitution.

The petitioner, Prakash Parshuram Mavlankar, was employed with the erstwhile Haffkine Institute, a government entity under the State of Maharashtra, f...

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Bombay High Court Allows Writ Petition Challenging Withholding of Gratuity Without Opportunity of Hearing. Withholding of Gratuity for Alleged Negligence in Filing Sales Tax Returns Held Unjustified Under Payment of Gratuity Act, 1972.

The petitioner, Murari Kawadu Kumbhre, a pensioner, retired on 30.6.2008 from the Maharashtra State Cooperative Tribal Development Corporation Ltd. He...

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Bombay High Court Dismisses Employer's Challenge to Gratuity Award in Transport Business Dispute. Payment of Gratuity Act, 1972 applies to establishments with branches outside Maharashtra as long as the establishment is within the state.

The petitioner, M/s. Rahul Transport Pvt. Ltd., a transport company with its head office in Amravati, Maharashtra, challenged an order dated 18.10.200...