17 February 2020

Search Results for Tag : Dismissal


Inquiry proceedings can be closed, once an employee unconditionally admitted the charges and that admission not recorded under any duress, force or pressure(21.10.2016)

By present petition, Petitioner challenged suspension order dated 7 June 2011, order dated 14 February 2013 imposing penalty of dismissal as confirmed.....

Tags : Charges, Dismissal, Penalty


Reference made to Labour Court or the Tribunal not to be dismissed in default(20.12.2016)

Petitioners claims to be Safai Kamgar with Respondent / Corporation. All of them claimed to have worked for about two years prior to their oral termin.....

Tags : Reference, Dismissal, Non-prosecution


CISF constable’s dismissal for unprovoked aggression at DMRC station upheld(20.05.2016)

CISF personnel posted at DMRC metro station held to have been rightly dismissed for behaving rudely with and assaulting a person in plain clothes.

Tags : dmrc, cisf, unprovoked, dismissal from service


Inquiring officer and disciplinary authority are different; proceedings must be held in two separate stages(07.02.2017)

Since, 19 April 1988, Petitioner had been working as a bus driver with Respondent. On 10 May 1996, State Transport bus driven by Petitioner collided .....

Tags : Misconduct, Dismissal, Punishment


An employee, in discharge of his duties, is required to exercise higher standard of honesty and integrity(11.09.2017)

Present appeal is against the final judgment passed by the High Court whereby the Division Bench of the High Court allowed the appeal filed by the Lif.....

Tags : Departmental proceedings, Dismissal, Validity


Present Court should not interfere in findings of fact recorded by the Labour Court, unless same are so perverse as to be completely against the materials on record before it(02.02.2018)

Instant writ petition has been filed by the Petitioner challenging the award and its notification dated 22nd August, 2015 passed by the Respondent Nos.....

Tags : Dismissal order, Charges, Proof


Legality of impugned order cannot be examined on basis of acts done by parties subsequent to passing of impugned order(07.09.2018)

Petitions are against the final judgment passed by the High Court whereby the High Court dismissed the appeals filed by the Appellant herein. The shor.....

Tags : Dismissal, Subsequent acts, Relevance


Acquittal by a Criminal Court does not preclude a Departmental Inquiry against delinquent officer(16.09.2019)

The judgment of the High Court by which the order of dismissal of Respondent No. 1 from the service was set aside is the subject matter of this Appeal.....

Tags : Departmental Inquiry, Dismissal, Misconduct


When employee was found guilty of corruption by criminal court, then, unless said conviction was set aside, action of employer in dismissing employee from service cannot be faulted(06.12.2019)

The Petitioner was serving in the Bharat Coking Coal Limited. A show cause notice was issued to him on 24th June, 2017 on the allegation that, while h.....

Tags : Illegal Gratification, Dismissal, Legality



CONSUMER - Consumer Forums have Jurisdiction to Dismiss Complaints In Limine: SC(08.03.2019)

Supreme Court has observed that consumer forums have the jurisdiction to dismiss the complaint in limine and decline its admission without notice to t.....

Tags : Supreme Court, Consumer Forum, Dismissal of complaint


SERVICE - Dismissal of Soldiers for Unauthorized Absence Not Harsh Punishment: SC(15.03.2019)

Supreme Court has upheld dismissal of a soldier of Indian Army on the ground of unauthorised absence of 302 days and observed that Armed Forces Tribu.....

Tags : Supreme Court, Dismissal of Soldiers, Unauthorized Absence


International Cases

There was no requirement for any investigation or time to let the dust to settle before reaching a concluded view(11.06.2018)

The Claimant's case was that, she was dismissed on or about 10th August, 2017 from her employment as a counter assistant at one of the Respondent's fr.....

Tags : Conduct, Dismissal, Legality


Employer 'may' make a payment in lieu of notice to the employee giving the employer the choice whether or not to make the payment(21.09.2017)

In the facts of present case, the claimant worked as a farm labourer for the respondent company, picking mushrooms at its premises, from 13 December 2.....

Tags : Poor attendance, Dismissal, Legality


Dismissal of claimant automatically unfair due to non-completion of statutory dismissal procedure(21.02.2017)

Present case deals with claim of unfair dismissal. Issue to be determined by tribunal was whether the claimant was an employee of Respondent. In claim.....

Tags : Dismissal, Statutory Procedure, Compensation


Tribunal can consider a claim for unfair dismissal presented outside three month limit, if it is presented within such further period as tribunal considers reasonable(13.09.2016)

Instant appeal by Sheredes School (the Respondent below) against a Decision of Employment Judge by which Claimant’s complaint of unfair dismissal to p.....

Tags : Unfair dismissal, Time, Extension


Mere fact of pending internal appeal, by itself, not sufficient to justify finding of fact that it was not "reasonably practicable" to present complaint to tribunal(16.11.2016)

In instant case, claims lodged with tribunal were a claim of unfair dismissal, unlawful deduction of wages, breach of contract and sex discrimination......

Tags : Dismissal, Limitation, Jurisdiction


Employee must resign in response to the breach; an employee must make up his mind regarding resignation soon after the conduct of which he complains(03.01.2017)

Claimant was employed as a full-time sales assistant in the respondent’s premises in Enniskillen. She was employed from 20 April 2012 until her resig.....

Tags : Dismissal, Trust, Breach, Validity