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High Court of Karnataka Upholds Dismissal of Employee in Fraudulent Appointment Case — Labour Court's Modification of Punishment Set Aside. Procurement of Employment by False Caste Certificate Constitutes Serious Misconduct Justifying Dismissal Under Industrial Disputes Act, 1947 Section 11A.

The appellant, Sri Malurappa, was employed by the Bangalore Metropolitan Transport Corporation (BMTC). He was dismissed from service on 27.07.2005 on ...

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Gujarat High Court Quashes Denial of Promotion Based on Uncommunicated Adverse Remarks — Violation of Natural Justice. Non-communication of adverse entries in ACR renders them void and cannot be used to deny promotion under Article 226 of the Constitution.

The petitioner, F H Shaikh, joined service on 10/05/1982 as a Class-II officer (Principal) under the Director of Employment and Training, Gujarat Stat...

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Supreme Court Upholds Expulsion of MLC for Unparliamentary Conduct and Defiance of Ethics Committee — Principles of Natural Justice Not Violated as Petitioner Waived Right to be Heard by Repeatedly Avoiding Proceedings and Challenging Committee's Authority.

The petitioner, a Member of the Bihar Legislative Council (MLC) from the Rashtriya Janata Dal, challenged his expulsion from the Council based on a re...

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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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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 Allows Writ Petition Against Disciplinary Proceedings Initiated After Retirement. Disciplinary proceedings cannot be initiated after an employee's retirement unless permitted by statutory rules or pension regulations.

The petitioner, a Civil Engineer employed with the Ahmednagar Municipal Corporation, was issued a show cause notice on 30.3.2007, just before his reti...

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Bombay High Court Dismisses Writ Petition of Extra Departmental Agent Challenging Dismissal for Misappropriation. Departmental Enquiry Charge of Misappropriating Rs.100 Proved by Preponderance of Probabilities, No Perversity Found.

The petitioner, Ramdas Shankarrao Digraskar, was appointed as an Extra Departmental Agent (E.D.A.) on 5.8.1983 and later promoted to Extra Departmenta...

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Bombay High Court Dismisses MSRTC's Petition Challenging Reinstatement of Employee Dismissed for Corruption. Non-examination of Complainant in Domestic Enquiry Vitiated the Enquiry, Making Dismissal Disproportionate Under Industrial Law.

The respondent, Ravindra Adhar Gosavi, joined the Maharashtra State Road Transport Corporation (MSRTC) as a driver in 1990 and was later promoted to A...