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Bombay High Court Adjudicates Writ Petition Against Port Authority's Decision to Remove Employee on Disproportionate Penalty Grounds. The Court examines whether the disciplinary authority violated principles of natural justice and statutory procedure under MPE Regulations, 1964.

The petitioner, a Hindi Translator with the Mormugao Port Trust, faced disciplinary action culminating in his removal from service on 30.4.2011. He wa...

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WRIT PETITION NO. 7034 OF 2024

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Bombay High Court Dismisses Employer's Petition Challenging Gratuity Award to Principal. Teacher/Principal Held to Be 'Employee' Under Section 2(e) of Payment of Gratuity Act, 1972, Following Supreme Court Precedent.

The petitioner, Vidarbha Youth Welfare Institution (Society), challenged the judgment and order dated 29-5-2010 passed by the Controlling Authority un...

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Supreme Court Dismisses Institute's Appeal in Gratuity Dispute — Retrospective Amendment Covers Teachers Under Payment of Gratuity Act. Teacher's Claim for Gratuity Upheld as Amended Definition of 'Employee' Includes Teachers with Retrospective Effect from 1997.

The Supreme Court of India dealt with an appeal by Birla Institute of Technology (BIT) against the State of Jharkhand and others, concerning the entit...

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Supreme Court Allows Appeal by CRPF Against Reinstatement of Constable Who Suppressed Criminal Antecedents. Termination Upheld as Respondent Willfully Concealed Pending Cases and Submitted Forged Documents.

The case involves an appeal by the Director General of the Central Reserve Police Force (CRPF) and others against a judgment of the Gauhati High Court...

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Bombay High Court Allows Writ Petition Challenging Recovery of Alleged Excess Pay from Leave Encashment – Section 33-C(1) Industrial Disputes Act, 1947. Recovery of excess payment after five years held iniquitous and arbitrary, following Chandi Prasad Uniyal principle.

The petitioner, Vilas Pandurang Markande, a former employee of the Mumbai Port Trust (respondent No.2), filed a Writ Petition challenging the order da...