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Bombay High Court Quashes Recovery Warrant Against Education Officer in Execution Proceedings — State Officer Not Personally Liable for Decree Dues. Executing Court Cannot Direct Arrest or Recovery Against Government Officer Without Finding of Wilful Default Under Order 21 Rule 32 CPC.

The case arises from execution proceedings of a decree passed by the School Tribunal, Pune, in Appeal No. 104 of 1998, directing the reinstatement of ...

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Bombay High Court Quashes Removal Order in Bank Disciplinary Case for Lack of Reasons and Denial of Personal Hearing. Appellate Authority's Order Set Aside for Non-Application of Mind and Violation of Natural Justice Under Service Rules.

The petitioner, Madhukar Tulsiram Tayade, was an employee of Vidarbha Kshetriya Gramin Bank. He was removed from service by an order dated 13.9.2010 p...

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Bombay High Court Dismisses Petition of Workmen Seeking Absorption in Western Coalfields Limited — Canteen Workers Not Entitled to Direct Absorption as Contractor Was Not a Sham and Contract Labour Was Not Prohibited Under the Contract Labour (Regulation and Abolition) Act, 1947.

The petitioner, a trade union representing workmen of Taroda Opencast Mine of Western Coalfields Limited, challenged an award of the Central Governmen...

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Bombay High Court Allows Writ Petition Against Withholding of Payment Due to Complaints by Ex-Employee. Unilateral Withholding of Payment Without Contractual Authority or Opportunity of Hearing Violates Article 14 and 19(1)(g) of Constitution.

The petitioner, Mahimtura Consultants Pvt. Ltd., a company engaged in consultancy engineering and project management, was awarded a contract by the Pi...

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High Court of Bombay at Nagpur Heard a Batch of Writ Petitions Filed by Individuals Employed in Schools Against the State of Maharashtra and Education Department. Petitioners Sought Directions Regarding Their Service Conditions and Salary.

The matter involves a batch of writ petitions filed by several teachers and staff members of various private primary schools in the Nagpur region. The...

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Gujarat High Court Allows ESI Corporation's Appeal in ESI Coverage Dispute — Remand Order Set Aside for Lack of Jurisdiction. ESI Court Exceeded Its Powers Under Section 75 of ESI Act, 1948 by Remanding Matter to Appellate Authority Instead of Adjudicating Dispute Itself.

The present appeal arises from a judgment dated 01.04.2023 passed by the learned ESI Court, Ahmedabad in ESI Application No. 54 of 2017. The appellant...

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Bombay High Court Allows Petitions Challenging Settlement in Industrial Dispute for Breach of Section 12 of Industrial Disputes Act and Rule 11 of Industrial Disputes (Bombay) Rules. Settlement Dated 5.9.2008 Quashed as Void Ab Initio for Non-Compliance with Mandatory Conciliation Procedure.

The judgment concerns two writ petitions challenging a settlement dated 5.9.2008 arrived at in conciliation between NRC Limited (the company) and NRC ...

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Supreme Court Upholds Labour Court Award in VSS Dispute — NMR Workers Found to Have Been Coerced into Voluntary Separation Scheme. The Court confirmed reinstatement with 70% back-wages under Section 33A of the Industrial Disputes Act, 1947, finding no perversity in the concurrent findings of fact.

The case arose from a dispute between the General Manager, Electrical Rengali Hydro Electric Project, Orissa (appellant) and 90 NMR workers (responden...