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Bombay High Court Partially Allows Cross Petitions in Industrial Dispute — Upholds Illegal Termination but Awards Compensation Instead of Reinstatement. Labour Court's finding of illegal retrenchment upheld, but compensation of Rs. 3 lakh substituted for reinstatement and backwages.

The judgment concerns two cross petitions arising from an industrial dispute between M/s. Yashmun Engineers Ltd (employer) and Sudhir Jagannath Kulkar...

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Supreme Court Allows Union of India's Appeal Against Absorption of Reserved Panel Candidate After Panel Expiry. Direction to absorb respondent as Technician in All India Radio set aside as it violated Recruitment Rules and the limited right of a candidate in a reserved panel.

The Union of India and All India Radio appealed against a Division Bench of the Calcutta High Court's direction to absorb the respondent, as a Technic...

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Bombay High Court Dismisses Employer's Petition Challenging Unfair Labour Practice Orders — Industrial Court's Findings Upheld Under MRTU & PULP Act. Employer Denied Salary and Benefits to Employees During Strike Period, Constituting Unfair Labour Practices Under Items 5 and 9 of Schedule IV.

The petitioners, National Textile Corporation (Maharashtra North) Limited and its General Manager, challenged two orders of the Industrial Court at Bo...

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Bombay High Court Allows Writ Petition Challenging Termination of Assistant Teacher on Grounds of Surplusage Under Rule 26 of MEPS Rules. Termination Held Illegal as Procedure Not Followed and Earlier Tribunal Order Binding.

The petitioner, Nitin Panjabrao Phalke, was appointed as an Assistant Teacher in a school run by respondent no.2 society with effect from 23.6.1992. H...

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Bombay High Court Allows Revision Petition Under Section 264 of Income Tax Act Despite Retrospective Amendment After Assessment Order. Commissioner Must Consider Retrospective Amendment as Law Deemed to Exist on Date of Assessment Order.

The petitioner, Kalpesh M. Nagda, filed his return of income for Assessment Year 2003-2004 on 25 November 2003, declaring total income of Rs.48,22,312...

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Bombay High Court Rules Against Stamp Duty on Amalgamation Orders Under Companies Act, 1956. Court Order Sanctioning Scheme of Amalgamation Is Not a Conveyance Under Bombay Stamp Act, 1958.

The case involved a reference under the Bombay Stamp Act, 1958, arising from a scheme of amalgamation between Reliance Industries Limited (transferee)...

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Bombay High Court Allows Writ Petition of Instructor Against School Tribunal Order — Appointment of Respondent No.1 Quashed as Without Approval. Tribunal's Direction to Recover Salary from Petitioner Held Without Jurisdiction.

The petitioner, Sangita Vidyadhar Malte, was appointed as a full-time instructor in MLT (MCVC) at a junior college run by respondent no.2 society on 1...