Search Results for "stale claim"

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Bombay High Court Dismisses Petition Seeking Permanency for Hospital Employee — Industrial Court's Finding of No Continuous Service Upheld. Employee Failed to Establish 240 Days of Work in 12 Months Under Section 5-B of MRTU & PULP Act, 1971.

The petitioner, Kumar Dashrath Kamble, filed a writ petition before the Bombay High Court challenging the judgment and order dated 3 May 2023 passed b...

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Bombay High Court Dismisses Writ Petition Challenging Tribunal Order in Service Matter Due to Inordinate Delay and Laches. Petitioner's claim for correction of promotion date after 21 years held to be stale and not maintainable.

The petitioner, a retired customs officer, filed a writ petition challenging the order of the Central Administrative Tribunal dismissing his Original ...

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Supreme Court Dismisses Writ Petition Filed After Decades on Grounds of Delay, Laches, and Suppression of Facts. The petitioners' long delay and withholding of key facts led to the dismissal of claims over land requisitioned by the Ministry of Defence and acquired by HMT Ltd.

The Supreme Court of India allowed the appeal by HMT Ltd., dismissing the writ petition filed by the heirs of Putta Narasamma after several decades. T...

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Supreme Court Upholds Removal of Employee Convicted of Theft While Under Suspension — Limitation Bar Applied for Delayed Challenge. The Court held that a removal order under Rule 19(i) of CCS (CCA) Rules is not a continuing wrong and delay of 13 years cannot be condoned without sufficient cause.

The Supreme Court allowed the appeal filed by the All India Institute of Medical Sciences (AIIMS) against the judgment of the Delhi High Court, which ...

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Bombay High Court Dismisses Petition Challenging Dismissal Order Under Article 311(2) Second Proviso (b) of Constitution of India — Subsequent Acquittal Does Not Revive Stale Challenge. Dismissal Order Based on Conviction Attained Finality; Petition Dismissed as Stale.

The petitioner, Satish L. Gawte, was dismissed from service by order dated 7 October 1998 under Article 311(2) second proviso (b) of the Constitution ...

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Bombay High Court Allows Employer's Appeal in Industrial Dispute Case Due to Unexplained Delay and Prejudice. The court held that stale claims should not be entertained and that writ courts should not re-appreciate evidence.

The case involves an appeal by Western Coalfields Ltd. (employer) against a judgment of a learned Single Judge of the Bombay High Court, which allowed...

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Bombay High Court Dismisses MTNL's Petition Challenging Reinstatement of Casual Labourer for Violation of Section 25F of Industrial Disputes Act. Termination Without Notice or Compensation Renders Retrenchment Illegal, and MTNL is an Industry Under Section 2(j).

The petitioner, Mahanagar Telephone Nigam Ltd. (MTNL), challenged an award of the Central Government Industrial Tribunal (CGIT) No. II, Mumbai, which ...