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Bombay High Court Quashes Compulsory Retirement of Municipal Employee Before Age 58 — Violation of Service Regulations. Compulsory retirement at age 55 without following Regulation 25(3) of BMC Service Regulations, 1989 set aside as arbitrary and illegal.

The Petitioner, Smt. Yashoda Bapu Jadhav, was an employee of the Municipal Corporation of Greater Mumbai (BMC). She was compulsorily retired at the ag...

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High Court Allows Writ Petition Quashing Orders Treating Termination Period as Break in Service and Recovery of Excess Amount from Pensionary Benefits. Reinstatement Without Back Wages Does Not Imply Break in Service, and Recovery from Retired Employee is Impermissible Under Supreme Court Guidelines.

The dispute arose from a writ petition filed by a former driver employed by the Zilla Parishad, Kolhapur, challenging orders that declared his termina...

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High Court Partly Allows Municipal Corporation's Challenge to Pension Calculation for Daily Wager Employees. Daily Wager Service Prior to Regularization Does Not Qualify as Pensionable Service Under Maharashtra Civil Services (Pension) Rules, 1982, as Appointments Were Not Against Sanctioned Posts.

The dispute involved Nagpur Municipal Corporation challenging an Industrial Court order that granted pensionary benefits to daily wager employees by c...

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Gujarat High Court Dismisses Petition for Regularization of Services Due to Delay and Laches — Petitioner Superannuated Without Regularization Despite Resolution. Writ of Mandamus Denied as Relief Became Infructuous After Superannuation.

The petitioner, Vinodrai Gordhandas Agrawal, was appointed as a Sanitary Inspector by the Porbandar Nagar Palika on 21.04.1997 and superannuated on 31...

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Gujarat High Court Allows Petition of Superannuated Employee for Retiral Benefits with Interest - Disciplinary Proceedings Abate Upon Superannuation Under Gujarat Civil Services (Discipline and Appeal) Rules, 1971, and Punishment Order Passed After Retirement Is Without Jurisdiction.

The petitioner, Harikrishna Mohanlal Thakkar, was serving as Chief General Manager with the Gujarat State Civil Supply Corporation Ltd. He was subject...

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High Court Allows Writ Petition by Retired SIDBI Employees -- Quashes Circular Denying Pension Benefits and Directs Payment of Arrears Under SIDBI Act and Pension Regulations

The High Court allowed a Writ Petition filed by retired SIDBI employees challenging a Circular that denied them pension benefits. The Court examined t...

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High Court Dismisses State's Challenge to Tribunal Order Quashing Employee's Termination in Service Misconduct Case. Termination Vitiated Due to Violation of Natural Justice and Lack of Evidence Under Gujarat State Service Rules, with Employee Granted Pensionary Benefits but Denied Full Back Wages.

The dispute arose from the termination of a state government employee, who served as a Senior Clerk, on charges of corruption related to underpayment ...

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Karnataka High Court Dismisses Writ Petition by Two Companies Challenging Gratuity Payment Order — Payment of Gratuity Act, 1972. Employee's continuous service under same management entitles him to gratuity despite separate corporate identities.

The petitioners, Varma Industrial Private Limited and IBC Knowledge Park Private Limited, challenged the order dated 31.05.2018 passed by the Assistan...

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Bombay High Court Dismisses Petition by Pune Municipal Corporation in Unfair Labour Practice Case. Compulsory Retirement of Class IV Employee at Age 58 Instead of 60 Held Illegal Under MRTU & PULP Act.

The case involves a writ petition filed by the Municipal Commissioner and Assistant Municipal Commissioner of Pune Municipal Corporation challenging a...

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Bombay High Court Quashes Invalid Caste Certificate Order for Retired Employee — Directs Release of Retiral Benefits. Employer Cannot Withhold Retiral Benefits for Non-Furnishing of Caste Validity Certificate After Superannuation.

The petitioner, Jayram Vishram Gangawane, was employed by the Food Corporation of India (FCI) as a Peon in 1976 in the open category. He was subsequen...