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Bombay High Court Upholds Labour Court's Modification of Dismissal to Withholding of Increments in Hospital Employee Misconduct Case. Labour Court's Power Under Section 11A of Industrial Disputes Act, 1947 to Alter Disproportionate Punishment Upheld, Denial of Back Wages Affirmed.

The judgment concerns two cross writ petitions arising from an award dated 10 May 2011 passed by the Labour Court in Reference (IDA) No. 107 of 2008. ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claims — Tractor Owner Liable for Negligence Despite Driver's License. Insurer can recover compensation from owner if vehicle was driven without valid license, but third-party claimants entitled to payment.

The case involves four first appeals arising from motor accident claims. The accident occurred when a tractor driven by Dipak Kawale, owned by Praful ...

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Bombay High Court Allows Writ Petition Challenging Scrutiny Committee's Rejection of Scheduled Tribe Claim. Pre-Constitutional Revenue Record Showing 'Mana' Caste Held Sufficient to Establish Tribal Status.

The petitioner, Santosh son of Patiram Gaikwad, filed a writ petition challenging the order of the Scheduled Tribe Certificate Scrutiny Committee, Gad...

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Bombay High Court Quashes Penalty Order Against Headmaster for Violation of Natural Justice in Disciplinary Inquiry. Failure to Supply Documents and Denial of Cross-Examination Renders Proceedings Unfair Under Maharashtra Zilla Parishads and Panchayat Samitis (Disciplinary Proceedings) Rules, 1964.

The petitioner, Manik Shravan Dukare, was appointed as an Assistant Teacher in a Zilla Parishad school in 1985 and later promoted to Headmaster. On 06...

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Bombay High Court Modifies Labour Court Award in Industrial Dispute — Reduces Full Back Wages to 50% Due to Workman's Non-Employment and Employer's Inability to Lead Evidence. Back Wages Not Automatic; Workman Must Prove Non-Employment Under Industrial Disputes Act, 1947.

The Petitioner, Paper Machine Wire Industries, challenged the order dated 13-9-2011 passed by the Labour Court, Nasik, directing payment of full back ...

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Bombay High Court Allows Petition for Residence Certificate for Medical Seat in Union Territory Quota. Petitioner established 15-year residence in Dadra and Nagar Haveli through birth, education, and parents' employment.

The petitioner, Imran Shaikh, born on 12 September 1987 in Kilvani village, Dadra and Nagar Haveli, sought a certificate of 15 years' residence to cla...

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Bombay High Court Dismisses Challenge to Validation Act in Import Fee Dispute. Parliament Competent to Enact Retrospective Validation to Cure Defect in Subordinate Legislation, Even if It Affects Pending Litigation.

The petitioners, M/s R. Piyarelall Import & Export Ltd. and its director, challenged the constitutional validity of the Destructive Insects and Pests ...

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Bombay High Court Dismisses Employer's Petition Challenging Industrial Court's Order Setting Aside Reappointment and Granting Continuity of Service. Appellate Authority Cannot Award Punishment Not Prescribed in Service Rules Under Clause 7 of D and A Procedure.

The Maharashtra State Road Transport Corporation (MSRTC) challenged the judgment and order dated 20.01.2004 passed by the Industrial Court at Yavatmal...