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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 Petition by Co-operative Bank Challenging Gratuity Payment Order. Employer Cannot Withhold Gratuity Under Payment of Gratuity Act, 1972 for Misconduct Not Involving Moral Turpitude or Loss During Employment.

The petitioner, Chairman/Chief Executive Officer of Sangli District Primary Teachers Co-op. Bank Ltd., challenged the order dated 11.2.2020 passed by ...

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Bombay High Court Dismisses Employer's Writ Petition Challenging Gratuity Order; Forfeiture of Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Confined to Specific Grounds and Does Not Extend to Alleged Illegal Appointment.

The dispute arose under the Payment of Gratuity Act, 1972, where an employee of Air India Ltd., who had served for 29 years, was dismissed from servic...

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Bombay High Court Dismisses Petition Challenging Forfeiture of Gratuity for Bank Employee Found Guilty of Financial Irregularities. Disciplinary Inquiry Sufficient for Forfeiture Under Section 4(6) of Payment of Gratuity Act, 1972; Acts Amount to Wilful Omission and Moral Turpitude.

The petitioner, Nanubhai Nichhabhai Desai, worked as a clerk with UCO Bank for over 31 years. His services were terminated by compulsory retirement wi...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court's Reinstatement Order in Industrial Dispute Case — Misconduct Proved but Punishment Disproportionate. Labour Court's Discretion Under Section 11A of Industrial Disputes Act, 1947 Upheld as Not Perverse or Unreasonable.

The petitioner-employer, a company manufacturing fuel injection equipment, challenged an Award dated 13 December 2023 of the First Labour Court, Nashi...

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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Payment to Terminated Employee. Forfeiture of Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Requires Loss of Property or Moral Turpitude, Not Mere Misconduct.

The petitioner, The Jalgaon District Central Co-operative Bank Limited, challenged an order dated 09.10.2024 passed by the Appellate Authority/Industr...

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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...