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Bombay High Court Quashes Absorption Order in Favor of Municipal Corporation in Contract Labour Dispute — Industrial Court's Direction to Absorb Contract Workers Without Proper Adjudication of Employer-Employee Relationship Set Aside.

The Kalyan Dombivali Municipal Corporation filed a writ petition challenging an Award dated 12 January 2017 passed by the Industrial Court, Thane. The...

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High Court of Karnataka Allows Writ Petition for PL Encashment Despite Dismissal — Penalty of Dismissal Does Not Forfeit Privilege Leave Encashment Unless Service Rules Expressly Provide. Leave encashment is a vested right and not forfeited by dismissal in the absence of express rule.

The petitioner, G. Linganagouda, a former Assistant Manager of Pragathi Krishna Gramina Bank (now Karnataka Gramina Bank), was dismissed from service ...

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Supreme Court Upholds Corporation in Dismissal Case, Denying Reinstatement Despite Procedural Lapse. Employee Held Entitled Only to Damages as Contract of Personal Service Cannot Be Specifically Enforced; Breach of Regulation Did Not Violate Mandatory Statutory Obligation.

The case involved a dispute between an employee and his employer, a statutory corporation, regarding the employee's dismissal from service. The employ...

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Bombay High Court Dismisses Employer's Petition Challenging Grievance Committee Order Granting Permanency to Employee. Jurisdiction of Grievance Committee under Section 57 of Maharashtra Universities Act, 1994 upheld despite prior proceedings under MRTU & PULP Act.

The case involves a dispute between an employee, Sayyad Sadique, and his employer, Fulsingh Naik College, Pusad, represented by its Principal and the ...

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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Payment to Retired Employee. Forfeiture of Gratuity under Payment of Gratuity Act, 1972 requires proof of financial loss caused by employee's misconduct, not merely disciplinary punishment of compulsory retirement.

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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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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High Court of Karnataka Allows Writ Petition in Service Matter — Resignation Obtained Under Coercion Quashed. The Court Held That Resignation Must Be Voluntary and Free from Duress, and Employer Must Follow Natural Justice Before Accepting Resignation.

The petitioner, Basavaraj S/o Veerappa Shalawadi, was a conductor employed by the North West Karnataka Road Transport Corporation (NWKRTC). He was all...