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Supreme Court Set Aside High Court’s Order Directing Compassionate Appointment – Lump Sum Ex-Gratia Granted Under Article 142. Compassionate Appointment – Financial Condition Consideration – High Court Erred in Overlooking Suitability Criterion – Article 142 Invoked for Equitable Relief

Acts And Sections Discussed Constitution of India, 1950 – Article 142 – Extraordinary Power Exercised for Equitable Relief – Para 49 Civil P...

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Supreme Court Disposes of Appeal in Compassionate Appointment Case, Remands to High Court for Merits Hearing. The Court declined to decide on merits, continuing interim stay and directing High Court to expeditiously hear writ appeal under Industrial Disputes Act, 1947 and National Coal Wage Agreement.

The appeal before the Supreme Court concerned a dispute over compassionate appointment under the National Coal Wage Agreement (NCWA), a settlement und...

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Supreme Court Upholds Withdrawal of Inter-Commissionerate Transfers for Inspectors Under Recruitment Rules 2016. Recruitment Rules Made Under Article 309 of the Constitution Prevail Over Executive Instructions, and ICTs Are Not Permissible as They Violate Separate Cadre Identity Under Rule 5.

The dispute arose from a batch of civil appeals filed by Inspectors of the Central Excise and Land Customs or Goods and Services Tax Administration, w...

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Supreme Court Allows State's Appeal Against High Court's Direction to Retrospectively Appoint Compassionate Appointee to Higher Post. Candidate Who Accepted Lower Post with Undertaking Is Estopped from Claiming Retrospective Appointment to Higher Post.

The Supreme Court allowed the appeals filed by the State of Tamil Nadu against the judgment of the Division Bench of the Madras High Court (Madurai Be...

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Bombay High Court Allows Writ Petition for Compassionate Appointment Against MSRTC Due to Unfair Labour Practice. Court Condemns MSRTC's Inhuman Treatment and Imposes Costs of Rs. 25,000 for Delaying and Denying the Claim of Deceased Employee's Son.

The petitioner, Mahesh Bahad, filed a writ petition before the Bombay High Court (Nagpur Bench) seeking compassionate appointment after the death of h...

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Bombay High Court Allows Minority School's Petition Against Age Limit for Junior Clerk Appointment. Government Resolution prescribing maximum appointment age of 33 years held inapplicable to minority institutions under Article 30(1) of the Constitution of India.

The petitioner, St. Isabel's High School, a religious minority institution under Article 30(1) of the Constitution of India, filed a writ petition und...

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Bombay High Court Dismisses Petition Challenging Termination of Compassionate Appointment Based on Invalid Adoption. Adoption Deed Notarized After Employee's Medical Retirement Does Not Confer Eligibility Under Government Resolution Dated 26.10.1994.

The petitioner, Shaikh Jamir Sayed Saifoddin, challenged the judgment of the Labour Court dismissing his complaint (ULP No.13/2011) and the Industrial...

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Bombay High Court Dismisses MSRTC Petition Challenging Industrial Court Order on Unfair Labour Practice. Failure to Provide Alternate Employment to Medically Unfit Driver Constitutes Unfair Labour Practice Under Item 9 of Schedule IV of MRTU & PULP Act, 1971.

The Maharashtra State Road Transport Corporation (MSRTC) challenged an order of the Industrial Court, Nagpur, which declared that the Corporation was ...

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Bombay High Court Upholds Industrial Court Order for Compassionate Appointment of Widow of Deceased Employee. Employer's Preliminary Objection on Maintainability Rejected as Widow is 'Employee' Under MRTU and PULP Act.

The case involves a writ petition filed by the Executive Engineer of Maharashtra State Electricity Board challenging the order of the Industrial Court...

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Bombay High Court Dismisses Petition Challenging Rejection of Compassionate Appointment as Conductor Due to Height Exceeding Prescribed Maximum. Employer's Refusal to Relax Height Requirement Not Unfair Labour Practice Under Item 9 of Schedule IV of MRTU and PULP Act.

The petitioner, Manoj Thakur, filed a writ petition challenging the judgment of the Industrial Court, Nagpur, which dismissed his complaint of unfair ...