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High Court of Karnataka Quashes Transfer Order of Municipal Employee Due to Non-Compliance with Statutory Transfer Policy. Transfer of Senior Health Inspector set aside as order was passed by Director of Municipal Administration without jurisdiction under Section 10 of Karnataka Municipalities Act, 1964.

The petitioner, Ravi D. Bagalkot, was working as a Senior Health Inspector at the Town Municipal Council, Laxmeshwar, and later was transferred to Kal...

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Bombay High Court Dismisses Petition Seeking Interim Relief Against Dismissal in Misappropriation Case. Labour Court and Industrial Court Correctly Refused to Restrain Employer from Issuing Punishment Order at Second Show Cause Stage Under MRTU and PULP Act, 1971.

The petitioner, Dhanraj Gaikwad, was employed as a clerk with the Maharashtra State Road Transport Corporation (MSRTC) since 2008. He was charge-sheet...

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Bombay High Court Dismisses Revenue's Appeal in Central Excise Refund Case. Principles of Unjust Enrichment Under Section 11B of Central Excise Act, 1944 Not Applicable to Refund Arising on Finalisation of Provisional Assessment.

The Commissioner of Central Excise, Mumbai II appealed against the order of the appellate authorities below which allowed the refund claim of M/s. Sta...

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Bombay High Court Upholds Registrar's Cancellation of Trade Union Registration for Non-Compliance with Section 28-A of Trade Unions Act, 1926. Failure to maintain proper membership register and file annual returns justified cancellation despite opportunity of hearing.

The Bombay High Court dismissed a writ petition filed by the Mumbai Taximen's Union and its Secretary challenging the order of the Deputy Registrar of...

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Bombay High Court Dismisses Writ Petition Challenging Transfer Order of Medical Officer — Transfer is an Incidence of Service and Not Punitive. Transfer of a government servant is a condition of service and does not amount to punishment unless stigmatic or penal.

The petitioner, Dr. Pralhad Sukhdeorao Malusare, was appointed as a Medical Officer in the Maharashtra Medical and Health Services Class-II on 9 July ...

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Bombay High Court Allows Writ Petition Challenging Dismissal of Employee Without Proper Domestic Inquiry — Violation of Natural Justice and Service Rules. The court held that dismissal without a proper domestic inquiry is invalid and directed reinstatement with back wages.

The case involves a writ petition filed by Mrs. Vatsala Premchand Sarmal, the petitioner, challenging the dismissal of the First Respondent, Mr. Raghu...

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Bombay High Court Dismisses Writ Petition of Dismissed Bus Conductor in Misappropriation Case. Labour Court's finding that punishment of dismissal was proportionate to misconduct of ticket irregularities upheld as not shockingly disproportionate.

The petitioner, Shivaji Daulat Dadar, was employed as a Bus Conductor with the Maharashtra State Road Transport Corporation (MSRTC) since 1989. On 13 ...

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Bombay High Court Upholds Dismissal of Junior Clerk for Habitual Lateness in Judicial Service. Disciplinary action for repeated late attendance held proportionate and not violative of natural justice.

The petitioner, Mr. Rahul Suresh Kulkarni, was appointed as a Junior Clerk in the Civil Court at Karad on 11 July 2005. He worked for 118 days until 1...