Dis. Proceeding – Domestic Inquiry

Criminal Proceedings Of Private Nature Can Be Quashed U/S 482 Even If Trial Has Concluded In Conviction: Gujarat High Court

The Gujarat High Court recently quashed a FIR and the order of conviction passed in a matrimonial dispute, observing that the offences involved were of non-serious and private nature. The Bench comprising Justice Ilesh Vora quashed the FIR registered under Sections 498(a), 323, 294(b), 506(1) and 114 of the Indian Penal Code read with Section 3 and …

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Supreme Court : Employee Has No Absolute Right To Be Represented In Departmental Proceedings Through Agent Of His Choice

The Supreme Court on 4th January 2022 in the matter of The Rajasthan Marudhara Gramin Bank (RMGB) & Anr. Vs Ramesh Chandra Meena & Anr., held that there is no absolute right in favour of a delinquent officer to be represented through the agent of his choice in the departmental proceedings and the same can be restricted by the employer. …

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Court Should Not Take On Record Comments Made During Mediation Or Settlement Proceedings: Supreme Court

The Supreme Court on Wednesday observed that taking on record the comments made during the course of mediation or settlement proceedings impedes conciliation and impinges on the principle of confidentiality. While disapproving the observations made in the order dated April 20, 2021 passed by the Orissa High Court, bench of Justices Sanjiv Khanna and Bela M Trivedi in its …

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Toyota Terminates 45 Workers For ‘Misconduct’ After Inquiry

Toyota Kirloskar Motors (TKM) on Saturday terminated 45 of its workers for “proven misconduct” following an inquiry. Employees’ union, however, said the company had “wiped out” its entire elected leadership in order to “paralyse it or eliminate it”. “With the inquiries completed, the management has decided to terminate 45 workmen, who had indulged in serious …

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Dismissal Of Workman By Employer Cannot Be Interfered With Merely Because Disciplinary Enquiry Was Not Conducted: Supreme Court

The Supreme Court observed that dismissal of a workman by his/her employer cannot be interfered with merely on the ground that it did not conduct a disciplinary enquiry, if the latter could justify the action before the Labour Court. Where an employer has failed to make an enquiry before dismissal or discharge of a workman, …

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