Labour Law -- Unjustified termination - Compensation and gratuity - High Court itself granted compensation since Court felt that termination was unjustified, since reinstatement was not possible on account of superannuation - Denying gratuity in such situation by High Court is not justified, as gratuity is denied only when termination is for misconduct involving moral..........
Civil Procedure Code, 1908, Order 3, Rule 4, Advocates Act, 1961, Section 35, Constitution of India, 1950, Article 225 -- Court of Karnataka Rules, 1959, Ch.5, Rr.1, 2 - Appointment of new advocate - In absence of `no objection' of the advocate already on record - Party may discharge his advocate anytime, with or without cause by withdrawing his vakalatnama or..........
Service -- Punishment of withholding of pension and gratuity - Neither there was pecuniary loss to the State nor it is a case of grave misconduct - No sufficient reason to exercise power u/r 43(b) read with Rule 139 of Bihar Pension Rules...........
Service -- Retiral dues - Cannot be withheld on ground of misconduct without any enquiry...........
Service -- Withholding of retiral dues - Neither any departmental inquiry was initiated against respondent for misconduct nor any proceedings drawn as provided in Art.351 of U.P. Civil Service Regulations - Order withholding of remaining amount of gratuity and pension in such circumstances not correct and quashed - However, appellants shall pay interest @ 6% p.a on the..........
Service -- Misconduct - Godown keeper allowing pledged goods to be replaced with goods of inferior quality - Value of security given to bank adversely affected - This is nothing but gross negligence on the part of respondent - Such a person who do not protect the goods kept in godown, is of no use and against the interest of employer and liable to be dismissed from service..........
Air Force Act, 1950, Section 107, 161 -- Quashing of disciplinary proceedings - Validity thereof - High Court quashed order of disciplinary committee to dismiss respondent from service - Official record substantiates the fact that respondent had over stayed his casual leave without sufficient cause - Misconduct for which respondent sentenced and punished is not the first..........
Hindu Marriage Act, 1955, Section 13(1))ia) -- Divorce - Mental cruelty - Petition by husband - Filing of complaints before Indian Air Force by wife without any attempt to resolve the issues at family level caused humiliation and embarrassment to husband in the eyes of his superior and fellow colleagues, particularly when there is no material to substantiate such..........
Arbitration Act, 1940, Section 30 -- Arbitral award - Setting aside - High Court committed error by setting aside award and acted like an appellate Court and virtually treated as if appeal arose directly against the award and then proceeded to examine all factual findings of arbitrator by appreciating evidence - It was not permissible in law - Moreover, there was no..........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 427, 447, 506, 120(b), 34 -- Sanction for prosecution - Corruption case - Where misconduct is in some different capacity than the one which is held at the time of taking cognizance, there will be no necessity to take the sanction...........
