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Madras High Court Allows State's Appeal, Upholds Removal of Agricultural Officer for 17-Month Unauthorised Absence. Disciplinary Authority's Quantum of Punishment Not Interfered With as Misconduct Was Grave and Procedure Was Fair.

The case involves a Writ Appeal filed by the State of Tamil Nadu against an order of a Single Judge of the Madras High Court in WP No. 9440 of 2012 da...

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Karnataka High Court Allows Correction of Date of Birth in Service Records Based on School Certificate - Employee Not Required to Produce Birth Certificate at Time of Joining

The appellant, Thimmaiah V, was appointed as a daily wage employee (Mali, Group-D) with the Mysuru City Corporation on 01.05.1986. At the time of join...

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High Court of Karnataka Dismisses Railway's Petition Challenging CAT Order on Pay Refixation. Repatriated Employee Entitled to Same Pay Scale as Enjoyed in Ex-Cadre Post, Refixation Set Aside.

The Union of India and railway authorities (petitioners) challenged an order dated 28.11.2017 passed by the Central Administrative Tribunal, Bengaluru...

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Bombay High Court Dismisses Petitions Seeking Compassionate Appointment After Medical Retirement — No Legal Right to Appointment Under Industrial Disputes Act. Industrial Court's Finding of No Employer-Employee Relationship Upheld as Not Perverse.

The petitioners, Murlidhar Makdu Sapkale and his son Vijay Murlidhar Sapkale (WP No. 2786/2008), and Dinkar Popat Borale and his son Harshal Dinkar Bo...

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Bombay High Court Dismisses Appeal of Teacher in Termination Case — Termination Held Simpliciter. Temporary teacher's services terminated; allegations in order did not make it stigmatic under Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

The appellant, Tulsiram Kashinath Gaulkar, was appointed as an Assistant Teacher on 1/7/1985 on a temporary basis as he was not a trained qualified te...

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Bombay High Court Dismisses Employer's Petition in Date of Birth Dispute — Employee Failed to Prove Error in Service Record. Labour Court's Order to Correct Date of Birth Set Aside as Employee's Claim Was Unsubstantiated and Made at the Fag End of Service.

The petitioner, Shri Chhatrapati Sahakari Sakhar Karkhana Limited, a cooperative sugar factory, challenged the judgments of the Labour Court and Indus...

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Bombay High Court Dismisses Petition by Employer Challenging Dismissed Employee's Entitlement to Gratuity Under Payment of Gratuity Act, 1972. Dismissal Constitutes 'Retirement' Under Section 2(q) and Forfeiture Requires Specific Order Under Section 4(6) — Employee Entitled to Gratuity Despite Dismissal.

The case involves a writ petition filed by the Chairman cum Managing Director of Western Coalfields Ltd. challenging the entitlement of respondent No....