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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Chandrakant Shinde – Appellant
Versus
Chairman Maharashtra Gramin Bank CIDCO, Aurangabad – Respondent
| Table of Content |
|---|
| 1. rule is made returnable forthwith. (Para 1) |
| 2. petition challenging cgit's part-i award. (Para 2) |
| 3. background on maharashtra gramin bank's establishment. (Para 3 , 4) |
| 4. cgit's findings on the case. (Para 5) |
| 5. petitioner’s arguments against cgit’s findings and misapplication. (Para 6 , 7 , 8 , 9) |
| 6. respondent's opposition to petitioner’s claims. (Para 10 , 11 , 12) |
| 7. issues for court's consideration. (Para 13 , 14) |
| 8. clarification on service regulations history. (Para 15 , 16) |
| 9. interpretation of section 13b of the act of 1946. (Para 20 , 21 , 22) |
| 10. distinction between publication and notification under section 13b. (Para 28 , 29 , 30 , 31) |
| 11. final determination regarding the application of model standing orders. (Para 32 , 33 , 34 , 35) |
| 12. conclusion on petitioner's entitlements and back-wages. (Para 36 , 37 , 38) |
| 13. conclusion and final order of the court. (Para 39 , 40) |
JUDGMENT :
SANDEEP V. MARNE, J.
1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition is taken up for final hearing and disposal.
2. Petitioner has filed the present Petition challenging Part-I Award dated 22 January 2020 passed
Disciplinary proceedings must adhere to statutory provisions; if Service Regulations are not notified under Section 13B of the Act, Model Standing Orders apply and render any contrary action void.
(1) Protection of Industrial Employment (Standing Orders) Act, 1946 cannot be denied to a workman merely for reason that employer grants him other services benefits such as pension, gratuity etc. und....
The court emphasized that constitutional challenges must be supported by clear pleadings, and the amendment by TRANSCO was valid as it fell within its regulatory powers.
Order of punishment legally passed by competent authority, cannot be interfered with.
The central legal point established in the judgment is the entitlement of the petitioners to the benefits of Regulation 30-A, the discriminatory nature of the rejection orders, and the violation of A....
Regulations regarding the dismissal and removal of municipal executive officers were found ultra vires, as they exceeded the authority defined in the Municipalities Act, particularly around dismissal....
Departmental proceedings against retired employees must comply with Article 351-A, requiring Governor's sanction and adherence to time limits for validity.
Annual increments are an accrued right for employees, which cannot be denied without adherence to statutory procedures and principles of natural justice.
Point of Law : Employment and Service matter - Confirmation of Probationers - Provisions of Act of 1971 were neither applicable in facts of case as pleaded by the employees nor did complaint make out....
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