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Supreme Court Allows Union of India's Appeal, Upholds Dismissal of Postal Assistant in NSC Commission Fraud Case. Non-Supply of Documents and Delay Do Not Vitiate Disciplinary Proceedings Without Demonstrated Prejudice.

The respondent, Udai Bhan Singh, was appointed as a Postal Assistant in 1978. A charge-sheet was issued on 31 August 1988 alleging that between 15 Jul...

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Bombay High Court Allows Petition of Federation Against Labour Court Order in Unfair Labour Practice Case — Workman Status Denied Due to Supervisory Role. Respondent's designation as Centre In-charge with supervisory duties excluded him from definition of 'workman' under Industrial Disputes Act, 1947.

The case involves a writ petition filed by the Maharashtra Rajya Sahakari Kapus Utpadak Panan Mahasangh Maryadit (the Federation) challenging the orde...

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Bombay High Court Acquits Tax Superintendent in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

The appellant, Vijaykumar Marotrao Daiwalkar, was a Tax Superintendent in the Municipal Council, Chandrapur. He was convicted by the Special Judge, Ch...

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Bombay High Court Quashes Compulsory Retirement of District Judge Due to Non-Communication of Adverse Remarks. Adverse CR Entries Without Communication Violate Principles of Natural Justice Under Rule 19 of Maharashtra Judicial Services Rules, 2008.

The petitioner, a judicial officer, challenged an order dated 26 February 2010 passed by the Principal Secretary and Legal Advisor, Law and Justice De...

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Bombay High Court Acquits Tax Superintendent in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

The appellant, Vijaykumar Marotrao Daiwalkar, was a Tax Superintendent in the Municipal Council, Chandrapur. He was convicted by the Special Judge, Ch...

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Bombay High Court Dismisses Writ Petition of Railway Employee Challenging Removal from Service for Unauthorized Travel. Use of Union Pass for Private Travel Constitutes Misconduct and Removal is Proportionate Punishment.

The petitioner, Paikuji Chiwande, a Shunter 'B' employed with Central Railways at Ballarshah, was granted leave from 27th to 28th August 1982 to meet ...

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Bombay High Court Upholds Dismissal of Employee for Unauthorized Absence Despite Guilty Plea and Medical Claims. Employer's Disciplinary Action Upheld as Enquiry Was Fair and Employee Admitted Absence Voluntarily.

The respondent, Premchand, joined Indian Airlines Ltd. as an Airconditioning technician on 18th March 1983 and was later confirmed. On 23rd June 2000,...

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Bombay High Court Dismisses Petition Challenging Order to Provide Facilities to Recognised Union Under MRTU and PULP Act. Recognised Union Entitled to Same Facilities as Unrecognised Union Under Section 20 of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

The petitioner, Tata Memorial Centre, challenged an order dated 31.8.2005 passed by the Industrial Court in Complaint (ULP) No. 919 of 2001. The respo...