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Bombay High Court Dismisses Writ Petition Challenging Termination Due to Abolition of Post in Government Company. Abolition of Post is a Management Decision Not Requiring Natural Justice, and Government Company Not 'State' Under Article 12 for Service Disputes.

The petitioner, Shri R.D. Avhad, was employed by the Maharashtra State Farming Corporation Ltd., a government company under the Companies Act, 1956, w...

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Supreme Court Upholds Reference in Chartered Accountants Act Case Due to Misconduct as Court-Appointed Liquidator. Professional Misconduct Includes Conduct Rendering Member Unfit Under Section 22 of Chartered Accountants Act, 1949.

The Supreme Court considered an appeal by the Council of the Institute of Chartered Accountants against an order of the High Court rejecting a referen...

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KAHC010211662021_1

Background: The case involves multiple writ petitions filed under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka...

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High Court Allows Pensioner’s Petition for Stepping Up of Pay on Parity with Junior; Holds Denial After Earlier Tribunal Order in Identical Case Violates Article 14. Pay Fixation Anomaly Must Be Remedied for Senior Employees When Juniors Draw Higher Pay Due to Pay Commission Revisions.

The petitioner, a retired Junior Scientific Officer in the Ministry of Defence, sought refixation of his pay on par with his junior, Sahasrabudhe, aft...

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High Court Allows Management’s Petition Against Tribunal’s Order Restoring Head of Department Position. Changing Head of Department is not Reduction in Rank as HoD is not a Substantive Post.

The dispute involved a private medical college trust and its faculty over the headship of the Department of Medicine. Dr. Manohar Pisolkar, the respon...

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Bombay High Court Quashes Suspension of Employee in MSRTC Case — Employer Cannot Suspend Without Considering Employee's Explanation. Suspension Order Set Aside as Charge-Sheet Was Issued Without Affording Opportunity of Hearing Under Standing Orders.

The petitioner, Sachin Charlus Mirpagar, was employed as a Junior Assistant with the Maharashtra State Road Transport Corporation (MSRTC). In 2006, he...

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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...