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High Court Allows Writ Petition Under Article 227, Sets Aside Industrial Court's Finding That Fire Brigade Department Is Not Industrial Establishment -- Matter Remanded For Fresh Consideration

The petitioner, Mumbai Fire Services Union, filed a writ petition under Article 227 of Constitution of India challenging the Industrial Court's findin...

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Bombay High Court Upholds School Tribunal's Power to Direct Payment of Subsistence Allowance in Appeal Under MEPS Act, 1977. The Tribunal's interim direction to pay subsistence allowance during suspension period is within its ancillary powers under Section 9 of the Act.

The petitioners, Navodaya Shikshan Sanstha and its Principal, challenged an order of the School Tribunal dated 10.03.2014 directing them to pay subsis...

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Bombay High Court Dismisses Employer's Petition and Allows Employee's Petition in Service Dispute Over Dismissal on Unproven Charges. Employer Cannot Use Loss of Confidence to Bypass Disciplinary Proceedings When Charges of Misconduct Are Not Proved.

The judgment concerns two cross writ petitions arising from an Industrial Court order dated 12 July 2005. The employer, Agricultural Produce Market Co...

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Bombay High Court Upholds Reinstatement of Employee in Education Service Dispute — Illegal Termination Violates M.E.P.S. Rules. Employee's discontinuation without inquiry and notice held illegal; employer directed to reinstate with back wages and continuity.

The case involves an appeal by an educational institution and its headmaster against a common judgment of a Single Judge of the Bombay High Court. The...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court's Declaration of Perverse Findings in Disciplinary Enquiry. Labour Court's Power to Reappreciate Evidence Under Section 11A of Industrial Disputes Act, 1947 Upheld Where Enquiry Findings Are Not Supported by Evidence.

The petitioner, Tata Infomedia Limited (formerly Tata Press Limited), challenged an order of the Labour Court at Mumbai dated 23rd October 2001. The L...

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Bombay High Court Upholds Withholding of Pension for Misconduct in Municipal Corporation Cases. Pensionary benefits can be withheld under Pension Rules for misconduct committed during service, even after retirement, if proceedings are initiated within a reasonable time.

The judgment concerns two writ petitions filed by former employees of the Municipal Corporation of Greater Bombay (now Mumbai) challenging the Commiss...