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Madras High Court Dismisses Police Constable’s Writ Petition Challenging Compulsory Retirement. Compulsory Retirement Upheld Despite Acquittal in Criminal Case; Delay and Laches Bar Relief Under Article 226.

The petitioner, a police constable, joined service in 1993 and was promoted over the years. In 2011, he was suspended and later faced a charge-memo fo...

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Bombay High Court Allows Writ Petition for Enhanced Retirement Age and Arrears Under Settlement. Industrial Court's dismissal of complaint set aside; petitioners entitled to retirement at 58 years and arrears from 01.07.2008.

The petitioners, five individuals who were members of the Bosch Chassis Kamgar Sanghatana (respondent no.2 union), filed a writ petition before the Bo...

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KAHC010408942020_1

The writ petition was filed by the management of a company engaged in the manufacture of industrial carbon and carbon brushes, classified as a hazardo...

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Bombay High Court Quashes Premature Retirement Order Against Employee in National Textile Corporation — Violation of Natural Justice and Lack of Application of Mind. Order Set Aside as Corporation Failed to Consider Employee's Representation and Did Not Follow Its Own Premature Retirement Scheme.

The petitioner, Vasant Lalchand Shah, joined the National Textile Corporation (NTC) in December 1978 as a Weaving Master. He had prior experience of o...

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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Award to Compulsorily Retired Employee. Forfeiture of Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Requires Willful Offence or Moral Turpitude, Not Mere Misconduct.

The petitioner, Bank of Maharashtra, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 197...

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Karnataka High Court Quashes Disciplinary Proceedings Against Retired Government Servant as Barred by Limitation Under Karnataka Civil Services Rules. Disciplinary Proceedings Initiated After Retirement for Events More Than Four Years Old Held Without Jurisdiction Under Rule 214(2)(b)(ii).

The petitioner, a Junior Engineer in the Mysore City Corporation, challenged the disciplinary proceedings initiated after his retirement. He had been ...

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Karnataka High Court Allows Appeal in Income Tax Case on Capital Gains Liability of Firm on Partner's Retirement. Full Bench resolves conflict under Section 45(4) of Income Tax Act, 1961 regarding liability when retiring partner receives only money for his share without distribution of assets.

The case involves an appeal under Section 260-A of the Income Tax Act, 1961, arising from an order dated 02.03.2006 in ITA No.1295/BANG/2004 for the a...