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Bombay High Court Dismisses Bank's Petition Challenging Labour Court's Finding of Perversity in Enquiry Officer's Findings. Court upholds that perversity of findings is a jurisdictional fact and Labour Court's conclusion was based on evidence.

The Petitioner-Bank challenged the order of the Labour Court dated 1 September 2023 in Complaint (ULP) No.58 of 2014, which held that the enquiry agai...

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Bombay High Court Upholds Reinstatement of Workman with 50% Backwages in Disproportionate Punishment Case. Industrial Tribunal's finding of disproportionate punishment for misconduct of sleeping during duty upheld, but backwages reduced to 50%.

The case involves two writ petitions arising from the same industrial dispute. Wheels India Ltd., a company manufacturing steel wheels, challenged Par...

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Bombay High Court Allows Compassionate Pension Claim of Removed Teacher Under Rule 101 of Maharashtra Civil Services (Pension) Rules, 1982. Distinction Between Removal and Dismissal Determines Eligibility for Compassionate Pension.

The petitioner, Nalini Shende, was appointed as a temporary teacher at Smt. Jankidevi Jaiswal Prathmik Vidyalaya, Nagpur, and was granted permanency f...

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Bombay High Court Upholds Termination of Driver in Sexual Assault Case — Departmental Enquiry Valid Despite Acquittal in Criminal Trial. Acquittal in criminal case does not automatically entitle reinstatement as standard of proof differs in departmental proceedings.

The petitioner, Ramesh Baburao Firode, was employed as a driver in the District Court at Shrirampur, Ahmednagar. On 28.11.2011, a complaint was lodged...

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Bombay High Court Dismisses Lecturer's Petition for Pension and Arrears in Service Dispute. Removal for Misconduct Disentitles Employee to Pensionary Benefits Under Maharashtra Civil Services (Pension) Rules, 1982.

The petitioner, Kulkarni Shashikant Bhavani, was appointed as a lecturer in Physical Education at B.P.C.A's College of Physical Education (respondent ...

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Bombay High Court Quashes Removal of Employee in Disciplinary Proceeding for Violation of Natural Justice and Proportionality. Charge-sheet and Penalty Set Aside Due to Non-Supply of Documents and Disproportionate Punishment.

The petitioner, Abha Chawla Mohanty, was an employee of the Oriental Insurance Co. Ltd. appointed in October 1985. She was served with a charge-sheet ...

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Bombay High Court Upholds Reinstatement of Workman with 75% Backwages in Unfair Dismissal Case. Employer's challenge to Labour Court order dismissed; workman's cross-petition for full backwages partly allowed.

The judgment concerns two cross writ petitions arising from an industrial dispute. The workman, S.J. Rajappa, joined AFL Private Ltd. as a loader on 9...

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Bombay High Court Upholds Dismissal of Employee for Theft at Airport — Labour Court's Finding of Perversity Set Aside. Employer's Disciplinary Enquiry Found Fair and Proper; Evidence of Coordinating Officer Sufficient to Prove Misconduct Involving Theft of Passenger Baggage.

The petitioner, M/s. Cambata Aviation Pvt. Ltd., a ground handling operator at Sahar International Airport, employed the first respondent as a driver....

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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...