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Bombay High Court Quashes Industrial Court Order Directing Deposit of Gratuity in Termination Challenge — Payment of Gratuity Act, 1972 Does Not Require Deposit of Gratuity Received as Condition for Adjudication of Termination Dispute

The petitioner, Sheikh Mehmood, was employed as a Typist with respondent Nos.1 and 2 (M/s Universal Medikit Private Ltd. and its Chairman) from 29 Jul...

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Bombay High Court Dismisses Bank's Writ Petitions Challenging Labour Court's Finding of Perverse Enquiry Findings. Evidence in Domestic Enquiry Must Be Sworn on Oath Before Competent Authority; Unsworn Written Statement Renders Findings Perverse Under Section 28 of MRTU and PULP Act, 1971.

The petitioner, M/s Siddheshwar Urban Coop. Bank Ltd., filed two writ petitions challenging the Part I orders of the Labour Court at Aurangabad. The r...

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High Court of Bombay at Goa Dismisses State Appeal Against Acquittal in Rape Case — Inconsistent Victim Testimony and Lack of Medical Evidence Lead to Confirmation of Acquittal.

The State of Goa appealed against the acquittal of Rajendra Datta Zarekar under Sections 342 and 376 of the Indian Penal Code. The prosecution alleged...

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Bombay High Court Dismisses Employer's Petition Challenging Interim Reinstatement Order in Unfair Labour Practice Case. Labour Court's Direction to Reinstate Workman with Full Wages Pending Complaint Upheld as Proper Exercise of Power Under Section 30(2) of MRTU & PULP Act.

The petitioner, Mahindra & Mahindra Limited, challenged an order of the Industrial Court, Mumbai dated 25th October 2005, which dismissed its revision...

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Bombay High Court Allows Refund of ESI Contributions Paid Under Mistake of Law — Employer Entitled to Restitution Under Section 72 of Indian Contract Act. Mistake of Law Does Not Bar Claim for Refund Under Section 75 of ESI Act, 1948.

The petitioners, M/s. Indian Hotels Co. Limited (owner of Taj Mahal Hotel and Taj Intercontinental) and its shareholder, filed a writ petition seeking...