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Bombay High Court Allows Interest on Delayed Gratuity from Date of Retirement in Corruption Case Acquittal. Interest under Section 7(3A) of Payment of Gratuity Act, 1972 is payable from retirement date, not acquittal date, as gratuity becomes due on retirement regardless of pending criminal prosecution.

The petitioner, Vinodkumar Narayan Dixit, a former Deputy Collector, retired on 1st April 1997 while a criminal prosecution under the Prevention of Co...

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Supreme Court Allows Appeal on Parity Grounds in Bank Loan Misconduct Case. Converts Removal from Service to Compulsory Retirement for Bank Officer Where Co-Delinquents Received Lesser Punishment for Similar Misconduct.

The appellant, Naresh Chandra Bhardwaj, was a Scale II Officer with the Bank of India. While posted at the Lal Bangla Branch, Kanpur, he sanctioned th...

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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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Supreme Court Upholds Compulsory Retirement of Railway Protection Force Constable for Gross Neglect of Duty and Abuse of Authority. High Court's Reinstatement Order Set Aside for Exceeding Writ Jurisdiction by Reappreciating Evidence.

The case arose from disciplinary proceedings against Rajendra Kumar Dubey, a Constable in the Railway Protection Force (RPF), who was charged with gro...

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Bombay High Court Dismisses Retired Railway Employee's Petition for Transfer of Quarters to Son. Transfer of Railway Quarters from Retiring Employee to Son is Not a Matter of Right but Subject to Administrative Policy and Availability.

The petitioner, A.M. Attar, was a guard in the Central Railway who retired on 28 February 1997. He was allotted railway quarters at Byculla, Mumbai. H...

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Bombay High Court, Nagpur Bench, Considers Election Petition Alleging Improper Rejection of Nomination Under Section 9A of Representation of the People Act, 1951. Petitioner Claims Retirement from Partnership Firm Removed Disqualification Before Scrutiny Date.

The petitioner, a former partner in M/s. Musale Construction, intended to contest the 2014 Maharashtra Legislative Assembly election from 49-Saoner co...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Partnership Retirement Dispute. The Court Examines Whether the Arbitrator Erred in Rejecting Petitioners' Claims and Imposing Costs Under the Arbitration and Conciliation Act, 1996.

Background: The dispute arose out of a partnership firm, M/s. Prospective Traders, constituted in 1977 by three family trusts. In 1985, the petitioner...

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Bombay High Court Upholds Gratuity Entitlement for Daily Wager Absorbed as Clerk — Continuous Service Counted from Initial Appointment. Municipal Council's contention that daily wage period cannot be counted for gratuity rejected under Section 4 of Payment of Gratuity Act, 1972.

The Municipal Council, Achalpur, filed a writ petition challenging two concurrent judgments: the order dated 26.06.2015 of the Controlling Authority u...

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High Court of Karnataka Allows Writ Petition for Addition of Defence Service as Qualifying Service for Pension — Ex-Serviceman Entitled to Count Military Service Under Rule 3 of KPTCL Pension Regulations, 1999.

The petitioner, Sri R. Hanumatha Singh, an ex-serviceman who served in the Indian Air Force from 31.01.1972 to 08.05.1987, later joined the Karnataka ...

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Supreme Court Upholds Employees' Right to Gratuity in Pending Criminal Appeals Under Kerala Service Rules. Interpretation of Rules 3 and 3A of Kerala Service Rules Distinguishes Pension from Death-cum-Retirement Gratuity, Prohibiting Withholding Despite Conviction with Suspended Sentence.

The Supreme Court examined appeals arising from a Full Bench judgment of the Kerala High Court concerning the entitlement of government employees to D...