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Supreme Court Reinstates Dismissal of Bank Employee in Industrial Disputes Case Due to Fraudulent Misappropriation. Tribunal's Interference Under Section 11A of Industrial Disputes Act, 1947 Held Unjustified as Punishment Was Not Shockingly Disproportionate Given Serious Nature of Fraud.

The dispute arose from the dismissal of a bank employee for fraudulent misappropriation of funds. The respondent employee, a Clerk-cum-Typist, was sus...

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Supreme Court Allows Appeal of Employee Retired Prematurely Based on Deemed Age — Resolution Cannot Override Service Rules. The Court held that the Board's resolution deeming age as 18 on appointment date could not reduce the actual retirement age under Rule 73 of the Bihar Service Code.

The appellant, Gopal Prasad, was appointed as Calligraphist-cum-Assistant of the Bihar School Examination Board on 20 May 1970 at about 15½ years of ...

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Supreme Court Allows Bank's Appeal in Disciplinary Matter: Non-Supply of Inquiry Report Before 1990 Not Fatal; Disagreement Reasons Must Be Communicated. The Court restored punishments of reversion and removal from service imposed on a bank employee for gross negligence and fraud.

The Supreme Court dealt with two appeals by the State Bank of India against a common High Court order that set aside disciplinary punishments imposed ...

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Bombay High Court Upholds Continuity of Service for Gratuity Calculation in Cross-Border Employment Transfer. Employer Liable for Gratuity for Entire Service Period Including Foreign Assignment Under Payment of Gratuity Act, 1972.

The judgment involves cross petitions filed by Mercedes-Benz India Pvt. Ltd. (employer) and its ex-employee, Mr. Noshir Nani Desai, challenging an ord...

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Bombay High Court Allows Petition in Gratuity Dispute — Sets Aside Industrial Court Order Denying Gratuity. Employee's Continuous Service of 30 Years Entitles Him to Gratuity Under Section 4 of Payment of Gratuity Act, 1972 Despite Employer's Claim of Abandonment.

The Petitioner, Noor Mohammed Abdul Rehman Mulla, a retired employee, challenged the judgment and order dated 26 March 2021 passed by the Industrial C...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Backwages for Workman in Private Unaided School Dispute. School's Challenge Dismissed as Termination Found Illegal for Non-Compliance with Section 25-F of Industrial Disputes Act, 1947.

The Petitioner, M/s. Navy Children School Secondary, a private unaided school established from the Welfare Fund of Defence Personnel, challenged the A...

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Bombay High Court Allows Writ Petition for Pensionary Benefits of Retired Lecturer Under Maharashtra Pension Rules. Petitioner entitled to regular pension, gratuity, commutation, and leave encashment with interest for 30 years 1 month of service in aided colleges.

The petitioner, Dr. (Mrs.) Parvathi Venkatesh, a retired lecturer aged about 60 years, filed a writ petition under Article 226 of the Constitution of ...