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Bombay High Court Upholds Dismissal of Bus Driver for Gross Negligence Causing Fatal Accident. Disciplinary Enquiry Valid Despite Acquittal in Criminal Case as Standard of Proof Differs.

The Brihanmumbai Municipal Corporation (BMC) through its BEST Undertaking challenged a Labour Court order that set aside the dismissal of a bus driver...

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Bombay High Court Dismisses Petition of Dismissed Bank Peon — Reinstatement Order Set Aside for Non-Consideration of Employer's Application Under Section 42(4) Proviso of Bombay Industrial Relations Act. Industrial Court's Remand Order Upheld as Labour Court Failed to Address Statutory Compliance.

The petitioner, Chandrakant D. Teravkar, was employed as a peon with the North Kanara GSB Co-op. Bank Ltd. (respondent no.1). He was charge-sheeted on...

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Bombay High Court Quashes Interim Reinstatement Order in Service Dispute — Interim Relief Cannot Grant Final Relief at Interim Stage. Labour Court's order directing reinstatement pending final adjudication set aside as impermissible under Section 30(2) of MRTU & PULP Act, 1971.

The petitioner, Zilla Parishad, Jalgaon, challenged an order dated 2.1.2014 passed by the Labour Court at Jalgaon in Complaint (ULP) No. 21 of 2013. T...

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High Court Upholds Dismissal of Bus Conductor for Reselling Used Tickets in MSRTC Disciplinary Proceeding. Industrial Court's Revisional Order Restored as Labour Court's Finding of Vitiated Enquiry Was Not Supported by Evidence.

The petitioner, Pandurang Gangaramji Karhale, was employed as a bus conductor with the Maharashtra State Road Transport Corporation (MSRTC) since 1990...

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Bombay High Court Dismisses Petition Challenging Termination of Probationary Employee in Airports Authority of India — No Right to Post Confirmation. Probationer's termination without stigma and in accordance with service rules does not require hearing or reasons.

The petitioner, G.N. Mohanty, was appointed as Assistant Manager (Finance) in the Airports Authority of India (AAI) on probation for two years. His pr...

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High Court Dismisses CBDT's Challenge to CAT Order Quashing Charge Sheet Against Income Tax Officer. Acquittal in Criminal Case on Same Facts Justifies Quashing of Disciplinary Proceedings, Even if Acquittal Not Honourable.

The petitioners, the Chairman of the Central Board of Direct Taxes (CBDT), the Revenue Secretary, and the Under Secretary to the Government of India, ...

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High Court of Karnataka Upholds Dismissal of Government Servant for Caste Certificate Fraud. Petitioner's claim of belonging to Koli (Kolidhoor) Scheduled Tribe was found false, leading to dismissal under Article 311(2) of the Constitution.

The petitioner, Yellappa S/o Hanmanthappa Kolakar, was a government servant who had been selected as a Clerk-cum-Typist under the Scheduled Tribe cate...

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Bombay High Court at Goa Allows Writ Petition of Deputy Superintendent of Police Seeking Opening of Sealed Cover for Promotion to Superintendent of Police (Senior Grade). Non-communication of adverse remarks renders sealed cover procedure inapplicable under Office Memorandum dated 2.11.2012.

The petitioner, Shri Shamba M. Sawant, a Deputy Superintendent of Police in the Goa Police Department, filed a writ petition seeking a direction to op...