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Bombay High Court Allows Appeal in Service Termination Case — Stigmatic Termination Without Enquiry Invalid. Termination Order Based on Allegations of Misappropriation Requires Regular Enquiry Under Maharashtra Universities Act, 1994.

The appellant, Ku. Jaya Maturkar, was appointed as a full-time Lecturer in Home Economics on a temporary basis by the Wainganga Babuudesshiya Vikas Sa...

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Supreme Court Allows Rajasthan High Court's Appeal Against Reinstatement of Probationary Judicial Officer. Termination of Probationer Upheld as Non-Stigmatic Administrative Decision Based on Suitability Assessment.

The Supreme Court allowed the appeals filed by the Rajasthan High Court against the order of its own Division Bench which had directed reinstatement o...

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Bombay High Court Dismisses Writ Petition Challenging Transfer Order of Medical Officer — Transfer is an Incidence of Service and Not Punitive. Transfer of a government servant is a condition of service and does not amount to punishment unless stigmatic or penal.

The petitioner, Dr. Pralhad Sukhdeorao Malusare, was appointed as a Medical Officer in the Maharashtra Medical and Health Services Class-II on 9 July ...

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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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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Award to Compulsorily Retired Employee. Forfeiture of Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Requires Willful Offence or Moral Turpitude, Not Mere Misconduct.

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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Bombay High Court Dismisses Petition Challenging Termination of Probationary Civil Judge. Termination of Probationer Without Hearing Held Permissible Under Rule 5(1) of Maharashtra Judicial Service (Recruitment) Rules, 1956.

The petitioner, Girish Satyanarayan Shukla, was appointed as a Civil Judge, Junior Division and Judicial Magistrate, First Class on 23 October 1992 an...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Back Wages for Termination of Probationer Without Inquiry. Automatic Termination Clause in Appointment Letter Held Invalid as Termination Was Stigmatic and Required Domestic Inquiry Under Industrial Disputes Act, 1947.

The petitioner, WIKA Instruments India Pvt. Ltd., challenged the judgment and award of the Labour Court dated 14 November 2011, which held that the te...

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Bombay High Court Dismisses Workman's Appeal in Industrial Dispute — Upholds Termination for Unauthorized Absence. Workman Failed to Prove 240 Days Continuous Service Under Section 25B of Industrial Disputes Act, 1947.

The appellant, a workman employed by the respondent company, challenged his termination before the Industrial Court. The Labour Court had dismissed hi...