Search Results for "wilful insubordination"

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Search Results for "wilful insubordination"

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High Court

Bombay High Court Quashes Termination of Probationary Employee Due to Stigmatic Order Without Inquiry — Deemed Confirmation After Expiry of Extended Probation Period. Termination order based on allegations of misconduct and unsatisfactory work is stigmatic and requires disciplinary inquiry; employee deemed confirmed after expiry of extended probation period without any order.

28 Feb 2025

The petitioner, Sushil Kumar Srivastava, was appointed as Airport Director of Shirdi Airport by the Maharashtra Airport Development Company Limited (M...

Supreme Court

Supreme Court Upholds Bank's Dismissal of Employee in Disciplinary Proceedings for Fraud and Misconduct. Disciplinary Proceedings Evaluated on Preponderance of Probabilities, Not Criminal Standards, Under Bipartite Settlement and Evidence Act Provisions.

19 Jan 2022

The dispute arose from the dismissal of a bank employee following departmental proceedings initiated by the appellant-Bank, a nationalized entity, aga...

High Court

Bombay High Court Dismisses Petition by School Management Challenging Reinstatement of Physical Training Instructor with Back Wages. Termination Order Found Stigmatic as It Referred to Allegations of Misconduct, Requiring a Proper Inquiry Under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

4 May 2019

The petitioners, Jeevan Shikshan Mandal and Jeevan Vikas Vidyalaya, challenged the judgment of the School Tribunal, Nagpur, dated 15.04.2017, which se...

High Court

High Court of Karnataka Quashes Assistant Labour Commissioner's Order Declaring Five Workmen as Protected Workmen — Trade Union Must Be Registered Under Trade Unions Act, 1926 to Claim Protection Under Section 33 of Industrial Disputes Act, 1947. The court held that an unregistered trade union cannot seek declaration of its office bearers as protected workmen under Section 33 of the Industrial Disputes Act, 1947.

5 Nov 2018

The petitioner, M/s. Wonderla Holidays Limited, a public limited company running amusement parks, challenged an order dated 16.09.2017 passed by the A...

High Court

Bombay High Court Dismisses Appeal of Employee Contesting Election Without Permission. Regulation 48B of Bombay State Transport Employees Services Regulations Requires Prior Permission; Dismissal Upheld for Wilful Disobedience.

6 Jul 2017

The appellant, Umesh Kalyanrao Galande, was a helper employed by the Maharashtra State Road Transport Corporation. He applied for permission to contes...

High Court

Bombay High Court Quashes Removal of Employee in Disciplinary Proceeding for Violation of Natural Justice and Proportionality. Charge-sheet and Penalty Set Aside Due to Non-Supply of Documents and Disproportionate Punishment.

15 Nov 2011

The petitioner, Abha Chawla Mohanty, was an employee of the Oriental Insurance Co. Ltd. appointed in October 1985. She was served with a charge-sheet ...

High Court

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.

14 Feb 2011

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

High Court

Bombay High Court Allows Appeal by Air India, Upholds Dismissal of Air Hostess for Unauthorized Absence After Maternity Leave. The court held that the Industrial Tribunal's order of reinstatement was perverse and that the employer's decision to dismiss was justified under the Model Standing Orders.

16 Sep 2010

The litigation between Air India Limited (appellant) and Ms. Shashikala Jatav (respondent) has been ongoing for two decades. The respondent was employ...

High Court

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.

23 Mar 2005

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

High Court

Bombay High Court Quashes Industrial Court Order in Employee Misconduct Case — Enquiry Officer's Report Not Vitiated by Lack of Cross-Examination Opportunity. Domestic Enquiry Upheld as Fair Despite Employee's Absence, Reinstatement with Back Wages Set Aside.

14 Mar 2005

The petitioner, M/s. Anthea Aromatics Pvt. Ltd., challenged an order of the Industrial Court, Thane, which set aside a domestic enquiry against respon...

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