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Bombay High Court Allows Employer's Petition in MRTU & PULP Act Case — Industrial Court Exceeded Jurisdiction by Directing Employer to Pay for Workmen's Defence Advocate. No Statutory Obligation on Employer to Bear Cost of Advocate for Workmen in Domestic Enquiry Under MRTU & PULP Act, 1971.

The petitioners, M/s. Esdee Paints Ltd. and its directors, challenged an order dated 16.08.2016 passed by the Learned Member of the Industrial Court, ...

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Bombay High Court Quashes Industrial Court Order Directing Employer to Bear Advocate Costs for Workmen in Domestic Enquiry — MRTU & PULP Act, 1971 — Held that Industrial Court exceeded jurisdiction by imposing financial burden on employer without legal basis.

The petitioners, M/s. Esdee Paints Ltd. and its directors, challenged an order dated 16.08.2016 passed by the Industrial Court, Thane, in Revision App...

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Bombay High Court Upholds Termination of Company Paid Peon for Dereliction of Duty in Handing Over Leased Assets. Official Liquidator's recommendation for removal from service sanctioned due to grave misconduct in failing to ensure proper handover of leased equipment.

The Official Liquidator filed a report seeking sanction to terminate the services of Shri S.M. Shetty, a company paid Group 'D' Peon, for misconduct i...

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Bombay High Court Quashes Termination of Permanent Teacher for Violation of Natural Justice in Disciplinary Proceedings. School Tribunal's Dismissal of Appeal Set Aside as Enquiry Committee Report Not Furnished to Employee Before Termination.

The petitioner, Vijaysingh s/o Bhaidas Patil, was a permanent Junior College Teacher employed by Shri Dhanorkar Adhunik Gram Jeevan Shikshan Prasarak ...

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Bombay High Court Allows Writ Petition for Gratuity Payment Despite Departmental Enquiry — Forfeiture of Gratuity Requires Specific Finding of Quantified Loss. Employer Cannot Forfeit Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Without Specific Charge and Finding of Quantified Loss.

The petitioner, Vinod Vinayak Jinturkar, a former employee of the Maharashtra Small Scale Industries Development Corporation (respondent no.2), filed ...

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Bombay High Court Quashes Reassessment Notices Under Section 148 of Income Tax Act, 1961 for Lack of Reason to Believe — Amount Received on Retirement from Partnership Firm Held to be Capital Receipt Not Chargeable to Tax.

The petitioners, Prashant S. Joshi and Dattaram Shridhar Bhosale, were partners in a real estate development partnership firm. They retired from the p...

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Bombay High Court Quashes Suspension Order in Forgery Case Due to Lack of Enquiry and Retrospective Effect. Suspension of teacher set aside as management failed to conduct proper enquiry and suspension was made retrospective without authority.

The petitioner, Subhag S. Kavi, was employed as a teacher at Respondent No.4 School, Sardar Vallabhbhai Patel Vividhlakshi Vidyalaya & Junior College....

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Bombay High Court Dismisses Company's Challenge to Reinstatement with 50% Backwages and Workman's Challenge to Enquiry Validity in Industrial Dispute. Labour Court's Finding of Non-Perverse Enquiry Upheld, Reinstatement with Partial Backwages Affirmed Under Industrial Disputes Act.

The judgment involves two writ petitions arising from an industrial dispute between Siemens Limited (the company) and its workman, Babulal Ramlal Walm...