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Supreme Court Reinstates Dismissal Order in CRPF Disciplinary Proceedings Due to High Court's Excessive Judicial Review. Judicial Review Limited to Procedural Fairness, Not Merits or Evidence Re-evaluation, Under Section 11(1) of CRPF Act, 1949 and Rule 27 of CRPF Rules, 1955.

The dispute arose from the dismissal of a General Duty Constable in the Central Reserve Police Force (CRPF) following departmental proceedings. The co...

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Bombay High Court Upholds Dismissal of Bus Driver for Gross Negligence Causing Fatal Accident. Disciplinary Enquiry Valid Despite Acquittal in Criminal Case as Standard of Proof Differs.

The Brihanmumbai Municipal Corporation (BMC) through its BEST Undertaking challenged a Labour Court order that set aside the dismissal of a bus driver...

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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 Allows Retired Bank Employee's Petition Against Unilateral Withholding of Pension. Pension is a property right and cannot be stopped without show cause notice or disciplinary proceedings under Bank of Maharashtra Pension Regulations.

The petitioner, Devanand s/o Galomal Nichwani, was a computer operator/clerk at Bank of Maharashtra, Jaripatka Branch, Nagpur. He opted for voluntary ...

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Bombay High Court Dismisses Petition by Air India Challenging Rejection of Approval Application Under Section 33(2)(b) of Industrial Disputes Act — Withdrawal of Earlier Application and Reinstatement of Workman Bars Fresh Application for Approval of Dismissal Based on Same Misconduct.

The case involves a challenge by Air India Ltd. (the petitioner) against an order of the Presiding Officer of the National Industrial Tribunal at Mumb...

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Bombay High Court Dismisses Writ Petition Challenging Suspension Order of Municipal Sub-Engineer. Court holds that suspension order need not disclose reasons and subsistence allowance is payable upon declaration of no gainful employment.

The petitioner, Mr. Nivedan Bhimrao Torne, a Sub-Engineer employed with the Brihanmumbai Mahanagarpalika (Municipal Corporation of Greater Mumbai), wa...

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Bombay High Court Upholds CAT Order Reinstating Suspended Police Officer Due to Non-Review Under Rule 3(8) of All India Services (Discipline and Appeal) Rules, 1969. Continued suspension beyond 90 days without mandatory review renders suspension illegal and without authority of law.

The State of Maharashtra and the Director General of Police filed a Writ Petition under Articles 226 and 227 of the Constitution of India challenging ...

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Supreme Court Allows Bank's Appeal in Service Law Dispute Over Promotion Denial Under Sealed Cover Procedure. Promotion Correctly Denied from Earlier Date When Disciplinary Proceedings Resulted in Minor Penalty of Censure as Per Staff Circular No.118 and Judicial Precedents.

The dispute originated from the respondent employee's promotion consideration in November 1984 while employed with the appellant bank in Middle Manage...