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Bombay High Court Upholds Dismissal of Employee for Gherao and Misconduct in Industrial Dispute Case. Employee's participation in gherao and shouting of slogans against management held to be misconduct under Standing Orders, and dismissal not disproportionate.

The appellant, Shri Sahil Khan, was one of seven employees of M/s Hashmat & Company who were charge-sheeted on 8.2.1992 for misconduct. The charge all...

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Bombay High Court Allows Employer's Petition in Gratuity Dispute — Holds That Dismissal for Disorderly Behaviour Under Model Standing Orders 22(a) and 22(l) Constitutes 'Disorderly Conduct' Under Section 4(6)(b)(i) of Payment of Gratuity Act, 1972, Disentitling Employee to Gratuity.

The petitioner, Jaya Hind Industries Ltd., employed the respondent, Vilas Vithalrao Takale, as a Clerk. Two charge sheets were issued to the responden...

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Bombay High Court Allows Employer's Petition Against Gratuity Award in Favour of Dismissed Employee for Fraudulent School Certificate. Forfeiture of Gratuity Upheld Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972 for Misconduct Involving Moral Turpitude.

The petitioner, Western Coalfields Ltd., challenged the orders of the Controlling Authority (Assistant Commissioner, Labour, Chandrapur) dated 21.10.2...

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Bombay High Court Upholds Labour Court's Compensation Award in Industrial Dispute Over Illegal Strike and Misconduct. Dismissal of Workman Found Shockingly Disproportionate; Reinstatement Denied Due to Loss of Confidence.

The judgment concerns two writ petitions arising from an industrial dispute between workman Mahendra K. Raut and his employer M/s. Gopalanand Rasayan....

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Bombay High Court Allows Employer's Petition, Upholds Dismissal of Workman for Assaulting Co-Employee. Disciplinary Enquiry Found Fair and Punishment of Dismissal Not Disproportionate Under Model Standing Orders.

The petitioner, Elder Pharmaceuticals Ltd., challenged the order of the Industrial Court which upheld the Labour Court's decision setting aside the di...

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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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High Court Allows Bank's Petition to Forfeit Gratuity of Employee Terminated for Misappropriation. Misappropriation of Funds by Bank Employee Constitutes Offence Involving Moral Turpitude Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972, Justifying Forfeiture of Entire Gratuity.

The petitioner, Bank of India, challenged the orders of the controlling authority dated 30 June 2004 and the appellate authority dated 4 September 200...