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Bombay High Court Allows Writ Petition Challenging Termination of Peon Without Enquiry. Termination Order Held Stigmatic as It Referred to Prior Communications Alleging Misconduct, Requiring Disciplinary Enquiry Under Section 81 of Maharashtra Public Universities Act, 2016.

The petitioner, Sushind Kisan Rathod, was employed as a Peon at Rajashree Shahu Science College, Chandur Railway, which is run by respondent no.2, Atu...

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Supreme Court Dismisses Defendant in Eviction Suit Due to Misuse of Adjournments and Failure to Cross-Examine. Closure of Cross-Examination Right Upheld as Defendant Sought Repeated Adjournments Despite Last Opportunities and Costs, Violating Procedural Cooperation Under Code of Civil Procedure, 1908.

The Supreme Court dealt with a special leave petition challenging orders that closed the defendant's right to cross-examine the plaintiff's witness in...

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Bombay High Court Dismisses Election Petition for Non-Joinder of Necessary Parties Under Section 82 of Representation of People Act, 1951. Petitioner failed to implead all contesting candidates as required, leading to dismissal under Section 86(1).

The petitioner, Dr. Kanagsabapathy Sundaram Pillai, filed an election petition under Section 101 of the Representation of People Act, 1951, seeking a ...

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Bombay High Court Dismisses Petition Challenging Forfeiture of Gratuity for Bank Employee Found Guilty of Financial Irregularities. Disciplinary Inquiry Sufficient for Forfeiture Under Section 4(6) of Payment of Gratuity Act, 1972; Acts Amount to Wilful Omission and Moral Turpitude.

The petitioner, Nanubhai Nichhabhai Desai, worked as a clerk with UCO Bank for over 31 years. His services were terminated by compulsory retirement wi...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court's Declaration of Perverse Findings in Disciplinary Enquiry. Labour Court's Power to Reappreciate Evidence Under Section 11A of Industrial Disputes Act, 1947 Upheld Where Enquiry Findings Are Not Supported by Evidence.

The petitioner, Tata Infomedia Limited (formerly Tata Press Limited), challenged an order of the Labour Court at Mumbai dated 23rd October 2001. The L...

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WRIT PETITION NO. 957 OF 2013

The petitioners, retired employees of the Mumbai Municipal Corporation, along with other slum dwellers, filed writ petitions under Article 226 of the ...

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High Court of Bombay Upholds Employer's Forfeiture of Gratuity for Employee Convicted of Theft Involving Moral Turpitude. Theft by Bank Employee Constitutes Moral Turpitude Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972, Justifying Forfeiture of Gratuity.

The petitioners, officials of the Bank of Maharashtra, challenged the order of the Appellate Authority under the Payment of Gratuity Act, 1972, which ...

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Bombay High Court Dismisses Petition Challenging Transfer Order in ONGC — No Violation of Service Rules Found. Transfer order issued on administrative grounds upheld as petitioner failed to establish mala fides or breach of transfer policy.

The petitioner, Rajinder Paul Bharadwaj, was working as Manager (MM) in the Oil and Natural Gas Corporation Ltd. (ONGC) at Mumbai. He was transferred ...

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High Court of Karnataka Quashes Controlling Authority's Orders Deferring Gratuity Payment Due to Pending Criminal Proceedings. Statutory Right to Gratuity Under Section 4 of Payment of Gratuity Act, 1972 Cannot Be Withheld Pending Criminal Case.

The petitioner, Shri B. Premananda Pai, a former Senior Manager of Vijaya Bank, filed a writ petition under Articles 226 and 227 of the Constitution o...