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Bombay High Court Upholds Termination of Company Paid Peon for Dereliction of Duty in Handing Over Leased Assets. Official Liquidator's recommendation for removal from service sanctioned due to grave misconduct in failing to ensure proper handover of leased equipment.

The Official Liquidator filed a report seeking sanction to terminate the services of Shri S.M. Shetty, a company paid Group 'D' Peon, for misconduct i...

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Supreme Court Allows Bank of Baroda's Appeal Against High Court Order Quashing Termination of Probationary Employee. Unsatisfactory Performance and Misconduct During Probation Justify Termination Without Stigma.

The present appeal arises from a judgment of the Calcutta High Court which allowed the writ petition of the respondent-employee and quashed his termin...

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Madras High Court Dismisses Writ Petition Challenging Canal Promboke Classification — Inter-Departmental Communication Not Actionable in Writ Proceedings. Disputed Facts Regarding Land Ownership Must Be Adjudicated by Civil Court, Not in Writ Jurisdiction.

The petitioners, S. Krishnamurthy and D. S. Subramaniam, filed a writ petition before the Madras High Court challenging an order dated 23.09.2021 issu...

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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 Upholds Constitution of Special Bench by ITAT President on CBDT Request in Income Tax Appeal. Power under Section 255(3) of Income Tax Act is Administrative and Not Subject to Prior Hearing or Natural Justice.

The petitioner, M/s Jagati Publications Ltd., a public limited company publishing a Telugu newspaper, filed a writ petition in the Bombay High Court c...

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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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Supreme Court Allows Appeal of Lecturer Against Termination by Private Unaided College for Violation of Section 35(2) of Uttar Pradesh State Universities Act, 1973. Prior Approval of Vice-Chancellor Mandatory Before Dismissal of Teacher.

The appellant, Lal Bahadur Gautam, was a lecturer in a private unaided college affiliated to Chaudhary Charan Singh University, Meerut, governed by th...

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Bombay High Court Allows Petition Challenging Award Denying Subsistence Allowance for Failure to Mark Attendance During Suspension. Suspended Employee Not Required to Attend Factory Daily for Subsistence Allowance Under Industrial Employment (Standing Orders) Act, 1946.

The petitioner, M/s. Hindustan Level Employees Union, challenged an Award dated 13.08.2014 which rejected a Reference concerning denial of subsistence...

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High Court Dismisses Employer's Petition in Unfair Labour Practice Case — Punishment Without Enquiry Invalid. Failure to Conduct Departmental Enquiry Before Placing Employee at End of Waiting List for Habitual Absence Constitutes Unfair Labour Practice Under Item 9 of Schedule IV of MRTU & PULP Act.

The case involves a writ petition filed by the employer, State Transport Co-operative Bank Limited and its Branch Manager, challenging the judgment of...