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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 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 Petition of Chief Manager Challenging Disciplinary Action for Accepting Forged Bank Guarantee. Reduction in Pay Scale Upheld as Misconduct Proven Under CMC Manual.

The petitioner, Rajendraprasad Shukla, was employed as Chief Manager (Finance) at Western Coalfields Limited (WCL), a subsidiary of Coal India Limited...

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Bombay High Court Allows Employer's Petition in Gratuity Dispute — Holds That Dismissal for Disorderly Behaviour Under Model Standing Orders 22(a) and 22(l) Constitutes 'Disorderly Conduct' Under Section 4(6)(b)(i) of Payment of Gratuity Act, 1972, Disentitling Employee to Gratuity.

The petitioner, Jaya Hind Industries Ltd., employed the respondent, Vilas Vithalrao Takale, as a Clerk. Two charge sheets were issued to the responden...

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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 Dismisses Writ Petition of Bank Employee Challenging Dismissal for Misuse of Credit Card. Misconduct of Exceeding Credit Limit and Continued Use After Card Was Hot-Listed Constitutes Gross Misconduct Justifying Dismissal Without Enquiry Under Bipartite Settlement.

The petitioner, Ramesh Raghunath Chavan, was an employee of the Bank of India. He was issued a credit card in 1995. He misused the card by exceeding t...

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Bombay High Court Dismisses Port Trust's Challenge to Industrial Tribunal Award Setting Aside Disciplinary Enquiry. Enquiry Found Vitiated Due to Violation of Natural Justice and Perverse Findings Under Section 10 of Industrial Disputes Act, 1947.

The Board of Trustees of the Port of Mumbai (Petitioner) challenged an award dated 18th May, 1999 passed by the Presiding Officer of the Central Gover...