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Bombay High Court Dismisses Petition Challenging Denial of Appointment as Stenographer Due to Preference for Ex-Serviceman. Petitioner's Selection as Junior Clerk Does Not Confer Right to Appointment to Higher Post Without Following Recruitment Rules.

The petitioner, Shirish Suresh Thatte, was appointed as a junior clerk in the District and Sessions Court, Parbhani in May 2005. In response to an adv...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Teacher Terminated Without Prior Approval. Termination of Assistant Teacher Without Prior Approval Under Section 5 of MEPS Act is Void, and Reinstatement with Backwages is Proper.

The petitioners, Anjuman-E-Taleem and another, are the management of Haji Mukadam High School, Khed. They appointed respondent No.2 as an Assistant Te...

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WRIT PETITION NO.6789 OF 2016

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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 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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High Court Dismisses Writ Appeal in Industrial Dispute -- Res Judicata Bars Re-examination of Domestic Enquiry Fairness Under Industrial Disputes Act

The Writ Appeal was filed by the appellant-Union against the dismissal of their writ petition by the Single Judge, which upheld the Labour Court's dec...

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Gujarat High Court Allows Pensionary Benefits to Daily Wager by Counting Entire Service from Initial Appointment. Daily Wage Service Counts as Qualifying Service for Pension Under Rule 3(8) of Gujarat Civil Services (Pension) Rules, 2002 When Followed by Regularization.

The petitioner, Bhathibhai Valambhai Baria, was initially appointed as a daily wager on 01.06.2002 by the respondents (State of Gujarat and its author...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Pillion Rider Due to Negligent Driving. Court Confirms That Medical Expenses Incurred for Treatment of Injured Claimant Who Later Died Are Recoverable Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 03.02.2019 involving a motorcycle (GJ-12-AV-2141) and a dumper (GJ-12-AZ-7755). The dumper, driven rashly and...

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Gujarat High Court Allows Appeal and Enhances Compensation in Motor Accident Claim for Death of 26-Year-Old Driver cum Animal Husbandry Worker. Apportionment of Negligence Set Aside; Full Compensation Awarded Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of Sanjaybhai Govindbhai Rabari, who died in a vehicular accident on 01....