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Supreme Court Upholds Dismissal of CISF Constable for Misconduct Under CISF Rules. Appellate Authority's Enhancement of Punishment from Reduction of Pay to Dismissal Held Valid as Judicial Review Limited to Checking Gross Disproportionality or Procedural Errors.

The dispute involved a constable in the Central Industrial Security Force (CISF) who was found sleeping on duty and allegedly assaulted a senior offic...

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Supreme Court Dismisses Institute's Appeal in Gratuity Dispute — Retrospective Amendment Covers Teachers Under Payment of Gratuity Act. Teacher's Claim for Gratuity Upheld as Amended Definition of 'Employee' Includes Teachers with Retrospective Effect from 1997.

The Supreme Court of India dealt with an appeal by Birla Institute of Technology (BIT) against the State of Jharkhand and others, concerning the entit...

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Bombay High Court Allows Appeal in Motor Accident Claim - Compensation Enhanced for Death of Labourer Due to Wrong Multiplier. Multiplier of 18 applied instead of 12 under Motor Vehicles Act, 1988 for deceased aged 24 years earning Rs.1400 per month.

The appeal was filed by the claimants, the wife, minor children, and parents of deceased Kacharu Rathod, challenging the inadequacy of compensation aw...

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High Court of Bombay at Nagpur Quashes Removal of Bank Officer in Disciplinary Proceeding for Violation of Natural Justice. Non-Supply of Documents and Enquiry Report, and Bias by Enquiry Officer Lead to Setting Aside of Removal Order Under Service Law.

The petitioner, Balaji Digambarrao Kotgire, was appointed as a Clerk-cum-Cashier in the Oriental Bank of Commerce on 7th July 1979. He was later promo...

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Bombay High Court Upholds School Tribunal's Order of Reinstatement and Back Wages for Temporary Teacher in MEPS Act Case. Termination of Assistant Teacher Without Following Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 Held Illegal.

The Petitioner, Shri Sairam Education Trust, challenged the order of the School Tribunal dated 13th October 1992 which allowed the appeal filed by Res...

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Bombay High Court Upholds Reinstatement of Casual Worker in BSNL Case — 50% Back Wages Upheld. Continuous Service of 371 Days Over 13 Months Constitutes Regular Employment Under Industrial Disputes Act, 1947.

The petitioner, Bharat Sanchar Nigam Limited (BSNL), challenged an award dated 12.11.2003 passed by the Central Government Industrial Tribunal No.1, M...

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Bombay High Court Upholds Industrial Court Order Setting Aside Dismissal of Union Leader for Victimization and Unfair Labour Practice. Employer's Failure to Conduct Fair Enquiry and Denial of Natural Justice Renders Dismissal Void Under MRTU & PULP Act, 1971.

The case involves two cross-petitions arising from an order of the Industrial Court dated 18th March 2002 in Revision Application (ULP) No. 43 of 2001...

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Bombay High Court Dismisses Petitions Challenging Air India's Restructuring and Transfer of Employees to Subsidiaries. Transfer of employees to wholly owned subsidiaries held not to be closure or retrenchment under Industrial Disputes Act, 1947.

The Bombay High Court dismissed a batch of writ petitions filed by various trade unions and associations of employees of Air India Limited challenging...