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Gujarat High Court Dismisses Petition of Daily Wagers Seeking Absorption as Permanent Employees in Gujarat Maritime Board. Daily wage employees not entitled to regularization or higher grade pay-scale in absence of sanctioned posts and recruitment rules.

The petitioners, daily wage employees of the Gujarat Maritime Board, filed a writ petition under Article 226 of the Constitution of India seeking a de...

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Gujarat High Court Quashes Recovery of Excess Salary from Employees Without Hearing. Recovery of excess payment made due to wrong pay fixation without opportunity of hearing and at fag-end of service is arbitrary and violative of principles of natural justice.

The petitioners, employees of the respondent-Corporation, were promoted and granted stepping up of pay in 1996. In 2012, the Corporation sought to rec...

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Bombay High Court Dismisses Petition by Employer Challenging Gratuity Order — Transfer with Lien Does Not Break Continuous Service Under Payment of Gratuity Act, 1972. Employer Liable to Pay Gratuity Based on Higher Pay Scale of Parent Organization.

The petitioner, The Maharashtra State Co-Operative Adivashi Vikas Mahamandal Maryadit, challenged the judgment and order dated 25/11/2019 passed by th...

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Bombay High Court Dismisses Petition for Compassionate Appointment Based on Ad-Hoc Promotee Father's Service. Compassionate appointment scheme does not extend to dependents of ad-hoc promotees whose promotion was never confirmed.

The petitioner, Nikhil Maruti Gosarade, filed a writ petition challenging the order of the Maharashtra Administrative Tribunal dated 25 June 2018, whi...

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Bombay High Court Dismisses Petitions of Lecturers Challenging Termination by Unaided Private Engineering College. Termination of Probationers for Unsatisfactory Performance Does Not Amount to Retrenchment Under Industrial Disputes Act, 1947, and Is Not an Unfair Labour Practice Under MRTU & PULP Act, 1971.

The judgment concerns three writ petitions filed by lecturers (Sudhakar Shivaram Teke, Prof. S. S. Rayamane, and Udaykumar Govindrao Gurlhosur) agains...

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High Court Allows Pensioner’s Petition for Stepping Up of Pay on Parity with Junior; Holds Denial After Earlier Tribunal Order in Identical Case Violates Article 14. Pay Fixation Anomaly Must Be Remedied for Senior Employees When Juniors Draw Higher Pay Due to Pay Commission Revisions.

The petitioner, a retired Junior Scientific Officer in the Ministry of Defence, sought refixation of his pay on par with his junior, Sahasrabudhe, aft...

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ARBITRATION PETITION NO.549 OF 2013

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Bombay High Court Dismisses Quashing Petitions in FERA Prosecution — Exoneration in Adjudication Not a Bar to Criminal Proceedings. Adjudication and criminal prosecution under FERA are independent proceedings with different standards of proof and objectives.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of orders passed by ...