Search Results for "permanent unfitness"

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Search Results for "permanent unfitness"

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High Court

High Court of Karnataka Allows Writ Petitions in Succession Dispute Over Will Execution — Court Sets Aside Trial Court Order Dismissing Application for DNA Test of Will Executant. The Court Held That When Execution of a Will is Disputed on Grounds of Forgery or Fraud, DNA Profiling of the Testator May Be Ordered to Ascertain Genuineness Under Section 45 of the Indian Evidence Act, 1872.

24 Apr 2026

The case involves two writ petitions filed by Mrs. Shruti Sood alias Shruti Banerji, the widow of Late Amit Banerji, against her mother-in-law Mrs. Sa...

High Court

Bombay High Court Dismisses Petition Seeking Permanency for Hospital Employee — Industrial Court's Finding of No Continuous Service Upheld. Employee Failed to Establish 240 Days of Work in 12 Months Under Section 5-B of MRTU & PULP Act, 1971.

23 Dec 2025

The petitioner, Kumar Dashrath Kamble, filed a writ petition before the Bombay High Court challenging the judgment and order dated 3 May 2023 passed b...

High Court

Bombay High Court Holds That Proviso to Clause 53 of Statute 24 Is Not Attracted When Employee Is Terminated for Willful Neglect of Duty or Misconduct Covered by Clauses (a) and (b) of Schedule A of Ordinance 6 of College Code. The requirement of prior approval under the proviso applies only to termination simpliciter, not to termination for misconduct under the specified clauses.

20 Feb 2023

The case involves a reference made by a Division Bench of the Bombay High Court at Nagpur regarding the interpretation of the proviso to Clause 53 of ...

High Court

Bombay High Court Allows Petition Challenging Medical Unfitness Declaration for Driver Post Due to Presternal Keloid Chest. Court holds that keloid is not a disqualifying condition for driving and directs BRO to reconsider petitioner's candidature.

31 Jan 2022

The petitioner, Sayyad Naim Ali Kachruddin, applied for the post of Driver Mechanical Transport (Ordinary Grade) with the Border Roads Organisation (B...

Supreme Court

Supreme Court Allows Appeal of Ex-Sepoy Discharged on Medical Grounds Without Invalidating Board. Discharge under Rule 13(3)(III)(iii) of Army Rules, 1954 requires Invalidating Board; failure renders discharge illegal.

2 Sep 2019

The appellant, Ex-Sepoy (Washerman) Ram Khilawan, was enrolled in the Indian Army on October 23, 1987. He was placed in permanent Low Medical Category...

Supreme Court

Supreme Court Allows Appeal of Army Washerman Discharged on Medical Grounds Without Invalidating Board. Discharge under Rule 13(3)(III)(iii) of Army Rules, 1954 requires Invalidating Board recommendation; residual clause (v) inapplicable.

2 Sep 2019

The appellant, Ex-Sepoy (Washerman) Ram Khilawan, was enrolled in the Indian Army on October 23, 1987. He was discharged from service on August 31, 19...

Supreme Court

Supreme Court Allows Family Pension Claim for Widow of Army Jawan Discharged Without Invalidation Medical Board. Discharge on Medical Grounds Requires Invalidation Board Under Rule 13(3)(III)(iii) of Army Rules, 1954; Residual Provision Not Applicable.

16 Jul 2019

The appeal arose from a judgment of the Armed Forces Tribunal (AFT) at its Principal Bench, New Delhi, which dismissed the Original Application filed ...

High Court

Bombay High Court Dismisses MSRTC's Petition Challenging Labour Court Order Setting Aside Termination with Retrospective Effect. Termination of Employee with Retrospective Effect from Date of Medical Unfitness Held Illegal as It Deprives Employee of Opportunity to Be Heard.

7 Jan 2019

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment of the Labour Court dated 22.08.2017 allowing Complaint ...

High Court

Bombay High Court Dismisses Petition by B.E.S.T. Undertaking Challenging Commissioner's Order for Alternative Employment of Disabled Employee. Employer Must Provide Alternate Post with Same Pay Scale to Bus Driver Who Acquired 30% Vision Loss During Service Under Section 47 of Persons with Disabilities Act, 1995.

27 Mar 2018

The Petitioner, General Manager of B.E.S.T. Undertaking, challenged an order of the Commissioner, Handicapped Welfare, Maharashtra State, directing th...

High Court

Bombay High Court Allows Writ Petition for Invalidity Pension Under Employees' Pension Scheme, 1995 — Employee Suffering Total and Permanent Disablement Due to Accident Entitled to Pension Despite Not Being in Service at Time of Application. The Court held that the condition of being in service at the time of application is not a precondition for invalidity pension under Section 16 of the Employees' Pension Scheme, 1995, as the disablement occurred while the employee was in service.

23 Mar 2005

The petitioner, Avinash Anant Vaidya, was employed as a Sales Manager with M/s Kopran Limited since 1995. He had a touring job and would travel across...

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