Search Results for "disciplinary jurisdiction"

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High Court of Bombay at Goa Dismisses Revenue Appeals and Allows Assessee Appeals in Customs and Excise Classification Dispute. Classification of goods under Customs Tariff and Central Excise Tariff determined based on technical literature and expert opinion, rejecting revenue's reclassification.

The judgment involves multiple appeals filed by the Commissioner of Customs & Central Excise and by M/s Twenty First Century Wire Rods Ltd. The core i...

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Bombay High Court Upholds Reinstatement Without Back Wages in Industrial Dispute Due to Invalid Enquiry — Employer's Challenge Dismissed as Enquiry Conducted Under Non-Existent Standing Orders Violates Principles of Natural Justice.

The judgment arises from two writ petitions challenging an award of the Industrial Tribunal dated 29th July 2004. The employer, Indian Airlines Ltd., ...

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Bombay High Court Upholds Dismissal of Workman for Habitual Absenteeism in MRTU and PULP Act Complaint. Concurrent findings of fact by Labour Court and Industrial Court not interfered with under writ jurisdiction as no perversity or violation of natural justice established.

The petitioner, Francis Xavier, was employed by M/s. Magna Graphics (I) Pvt. Ltd. and was dismissed on 24 August 1995 for habitual absenteeism. He cha...

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Bombay High Court Dismisses Petition Challenging Discharge of Probationer Caretaker for Unsatisfactory Performance. Probationer's services terminated after multiple extensions of probation period due to unsatisfactory performance; court held that no inquiry is required before discharge during probation.

The petitioner, Sanjoy Datta, was appointed as a caretaker on probation for two years by the Central Board for Workers Education (Board) vide order da...

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High Court Allows Bank's Petition to Forfeit Gratuity of Employee Terminated for Misappropriation. Misappropriation of Funds by Bank Employee Constitutes Offence Involving Moral Turpitude Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972, Justifying Forfeiture of Entire Gratuity.

The petitioner, Bank of India, challenged the orders of the controlling authority dated 30 June 2004 and the appellate authority dated 4 September 200...

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Supreme Court Quashes Criminal Proceedings Against IAS Officer in Arms License Case Due to Inordinate Delay and Lack of Sanction. The court held that unexplained delay of 20 years and absence of valid sanction under Section 197 CrPC vitiate the prosecution.

The Supreme Court allowed the appeal filed by Robert Lalchungnunga Chongthu @ R L Chongthu, an IAS officer of the Bihar Cadre, against the judgment of...

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Bombay High Court Upholds Disqualification of Councilor Under Maharashtra Local Authority Members Disqualification Act, 1986 for Joining Rival Party. Newspaper Reports of Joining Shiv Sena Constitute Sufficient Evidence of Voluntarily Giving Up Membership Under Section 3(1)(a) of the Act.

The Petitioner, Mahesh Vishnupant Kothe, was a councilor of the Solapur Municipal Corporation elected in 2012 on an Indian National Congress ticket. H...