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Supreme Court Quashes Criminal Proceedings Against Rally Organizers for Lack of Prima Facie Offence Under IPC and Police Act. Peaceful Dharna Without Permission Did Not Constitute Public Nuisance or Wrongful Restraint Under Sections 290 and 341 IPC and Section 34 Police Act, 1861.

The case arose from a criminal prosecution initiated against the appellants, who were the Chairman and son of a private educational institution, for o...

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Bombay High Court Upholds Dismissal of Workman for Instigating Illegal Strike and Insubordination. Labour Court's Award of Reinstatement Set Aside as Enquiry Was Fair and Findings of Misconduct Were Not Perverse.

The petitioner, Maharashtra General Kamgar Union, filed a writ petition challenging the award of the Labour Court dated 15th September 2001 in a refer...

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Bombay High Court Upholds Dismissal of Employee in Disciplinary Proceedings for Misconduct. Court holds that findings of domestic enquiry are not perverse and punishment is proportionate.

The petitioner, TCE Consulting Engineers Ltd., challenged the order of the Industrial Court which set aside the dismissal of the first respondent, Dil...

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High Court Allows Employer's Petition to Deduct Gratuity for Misconduct Causing Pecuniary Loss Under Section 4(6)(a) of Payment of Gratuity Act, 1972. Disciplinary Order Not Challenged by Employee Attained Finality, Controlling Authority Cannot Set It Aside.

The petitioner, Western Coalfields Ltd., challenged the order of the Controlling Authority under the Payment of Gratuity Act, 1972, which set aside th...

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Bombay High Court Dismisses Petition Challenging Dismissal of Watchman for Misconduct in University College. Enquiry Found Fair and Proper Under Standard Code Rules, 1984; No Perversity in Tribunal's Findings.

The petitioner, Mallinath Vithal Vathakar, was appointed as a watchman (Class IV) in Sree Narayan Guru College of Commerce on 19 October 1996 and late...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court's Declaration of Perverse Findings in Disciplinary Enquiry. Labour Court's Power to Reappreciate Evidence Under Section 11A of Industrial Disputes Act, 1947 Upheld Where Enquiry Findings Are Not Supported by Evidence.

The petitioner, Tata Infomedia Limited (formerly Tata Press Limited), challenged an order of the Labour Court at Mumbai dated 23rd October 2001. The L...

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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...