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Bombay High Court Upholds Reduction of Penalty in Disciplinary Proceeding for Pay Fixation Misconduct — Proportionality of Punishment Upheld. Court held that while misconduct was established, removal was disproportionate and Appellate Authority's modification to reduction to lowest scale was justified.

The petitioner, Rajesh Ashok Mankar, was employed as a Computer Operator with Konkan Railway Corporation Limited (KRCL). He was initially appointed on...

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Bombay High Court Upholds Gratuity Entitlement for Daily Wager Absorbed as Clerk — Continuous Service Counted from Initial Appointment. Municipal Council's contention that daily wage period cannot be counted for gratuity rejected under Section 4 of Payment of Gratuity Act, 1972.

The Municipal Council, Achalpur, filed a writ petition challenging two concurrent judgments: the order dated 26.06.2015 of the Controlling Authority u...

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Bombay High Court Allows Application for Appointment of Arbitrator in Railway Contract Dispute. Arbitration Clause in Works Contract Enforced Under Section 11 of Arbitration and Conciliation Act, 1996.

The applicant, a registered government contractor, was awarded a contract by the respondent, the General Manager of South Central Railway, for extensi...

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Bombay High Court Dismisses Petition for Compassionate Appointment Due to Delay and Laches. Claim for compassionate appointment rejected as application made seven years after employee's death was not maintainable under Railway Establishment Code.

The petitioners, Smt. Leelabai Yashwant Ghodke and another, filed a writ petition challenging the judgment and order dated 21st July 2017 passed by th...

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High Court of Karnataka Considers Writ Petition Against Industrial Tribunal Award on Retirement Age in Industrial Disputes Act Cases. Employee of Amalgamated Company Seeks Retirement at 58 Years Despite Unit-Specific Standing Orders of 55 Years.

The petitioner, a company incorporated under the Companies Act, 1956, operated two independent industrial establishments: the Hosur Road unit and the ...

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Supreme Court Dismisses Appeals Against Kerala High Court Judgment Upholding CAT Order for Inclusion in Promotion Panel. Delay and Laches Not a Bar as Representation Was Replied and Tribunal Condoned Delay.

The case involves a dispute over promotion to the post of Assistant Personnel Officer (APO) in the Southern Railway under the 30% Limited Departmental...

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Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

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Bombay High Court Dismisses Railway's Challenge to Temporary Injunction in Favour of Educational Society for Use of Approach Road. Court upholds appellate order restraining obstruction of road constructed on shivdhura of survey no. 348 based on Tahsildar's permission and prima facie findings.

The petitioners, officers of the Central Railway, challenged the judgment dated 21/1/2010 of the 4th Additional District Judge, Nagpur in MCA No. 230/...

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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...