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Bombay High Court Dismisses Petition by Employer Challenging Dismissed Employee's Entitlement to Gratuity Under Payment of Gratuity Act, 1972. Dismissal Constitutes 'Retirement' Under Section 2(q) and Forfeiture Requires Specific Order Under Section 4(6) — Employee Entitled to Gratuity Despite Dismissal.

The case involves a writ petition filed by the Chairman cum Managing Director of Western Coalfields Ltd. challenging the entitlement of respondent No....

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Bombay High Court Allows Employee's Petition for Higher Pay Scale and Pensionary Benefits Despite Not Passing Departmental Examination. Exemption Granted Under Government Resolutions for Employees Above 45 Years of Age Cannot Be Ignored for Grant of Benefits.

The petitioner, Ramesh s/o Channapa Kompalli, was appointed as a Junior Clerk in the office of respondent No.4 on 4th March, 1985 and later promoted t...

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Bombay High Court Upholds Withholding of Pension for Misconduct in Municipal Corporation Cases. Pensionary benefits can be withheld under Pension Rules for misconduct committed during service, even after retirement, if proceedings are initiated within a reasonable time.

The judgment concerns two writ petitions filed by former employees of the Municipal Corporation of Greater Bombay (now Mumbai) challenging the Commiss...

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Supreme Court Reinstates Compulsory Retirement in Disciplinary Proceeding Despite Criminal Acquittal. Disciplinary Authority's Finding of Misconduct Upheld as Independent of Criminal Trial Outcome Under Karnataka Lokayukta Act, 1984 and Prevention of Corruption Act, 1988.

The appeals arose from a judgment of the Karnataka High Court which set aside a compulsory retirement order imposed on a Village Accountant following ...

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High Court Dismisses Tracer's Petition Challenging Compulsory Retirement for Misappropriation of Cement Stock. Enquiry Findings Not Perverse and No Bias; Punishment Upheld Under Articles 226 and 227 of Constitution of India.

The case involved a writ petition filed by a tracer employed at Panchayat Samiti, Chimur, challenging the disciplinary action of compulsory retirement...

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Gujarat High Court Allows Petition of Daily Wagers Against Recovery of Excess Salary. Recovery Order Quashed as Arbitrary Under Article 226 of Constitution of India for Payments Made Under Government Resolution Without Misrepresentation.

The petitioners, nine daily wagers employed with the respondent State of Gujarat, challenged a recovery order dated 04/02/2013 (No.113 of 2013) seekin...