Legal Reference Library

In M/s Singh Caterers & Vendors & Anr. v. Indian Railways Catering And Tourism Corporation Ltd., writ petition has been filed challenging termination letter passed by Respondent-IRCTC terminating temporary license awarded to Petitioners for management of On Board Catering Services in Train on ground that, Petitioners had failed to accept award of temporary license and had not paid the security deposit and license fee within stipulated time. Respondent in terms of Clause 4.8 of tender document also debarred Petitioners from participating in future projects of Respondent, IRCTC for a period of one year and forfeited Standing Earnest Money Deposit (SEMD) of Rs.3 lakhs. High Court is of view that cutting/overwriting in present case is not a violation of a mandatory condition and is not material as there is no ambiguity or discrepancy in bid amount. Petitioners bid despite cutting/overwriting clearly mentions the revised bid amount. In fact, revised bid amount has been mention...

High Court of Delhi Mrs. Aradhna Goel v. Balwantray Mehta Vidya Bhawan & Anr. Employer has to judge suitability of services of probationer; Court cannot substitute its decision for that of employer By this writ petition, Petitioner impugns order of the Delhi School Tribunal, by which Delhi School Tribunal dismissed appeal filed by Petitioner against the termination of her services by Respondent no.1/school’s letter dated 4th May, 2007. Petitioner was appointed as a probationer with Respondent no.1/school by letter of Respondent no.1 dated 15th July, 2006. Termination of employment of Petitioner was during probationary period, and dehors any other aspect which is in issue, it is settled law that it is employer who has to judge suitability of services of a probationer and this Court cannot substitute its decision for that of the employer, and if employer for any reason does not find probationer to be suitable for services, such services of a probationer can be terminated in a...

The Supreme Court in Jorsingh Govind Vanjari Vs. Divisional Controller Maharashtra, State Road Transport Corporation, has held that in order to deny gratuity to an employee, it is not enough that the alleged misconduct of the employee constitutes an offence involving moral turpitude as per the report of the domestic inquiry, but there must be termination on account of the alleged misconduct, which constitutes an offence involving moral turpitude. In the instant case, a bus conductor was terminated on the allegation that he had collected fare from six passengers without issuing tickets. In the domestic inquiry, he was found guilty but the Labour court set aside the termination order. But taking note of the fact that he had crossed the age of superannuation, instead of reinstatement, 50 per cent of the back wages from the date of termination till the date of superannuation with all other service benefits were granted. On appeal by the employer, the Bombay High Court modified the award an...

The Delhi High Court in PKS Shrivastava vs. Union Of India And Anr, has dealt with the maintainability of a writ petition on the ground as to whether it had the territorial jurisdiction to decide it or not, as the petition was filed against an order of termination of service passed by the Ministry in New Delhi against Shrivastava, who worked as a Director of Goa Shipyard Ltd. Shrivastava argued that Delhi High Court has the territorial jurisdiction whereas the ministry argued that this court did not have the territorial jurisdiction. Shrivastava was employed by Goa Shipyard Ltd (GSL) as a Director (CPP&BD) in Goa. The termination orders were issued on two dates, 28.10.2015 (issued to PK Shrivastava by MD of GSL) and 27.10.2015 (issued by the Ministry to the Chairperson of GSL). The issue was that whether merely because the Government of India had issued its letter dated 27.10.2015 in Delhi, then would this ipso facto give territorial jurisdiction to Delhi Court, although the letter...