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Gujarat High Court Dismisses Petition Seeking Promotion as Head Driver — Right to Promotion Not a Fundamental Right. The court held that promotion is not a fundamental right and the petitioner failed to establish any legal right to the same.

The petitioner, Vora Mahmadhusen Jivabhai, filed a writ petition under Article 226 of the Constitution of India before the Gujarat High Court seeking ...

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Gujarat High Court Allows Employer's Petition in Industrial Dispute Case, Quashes Reinstatement Orders. Labour Court Failed to Consider Evidence of Voluntary Abandonment of Employment Under Industrial Disputes Act, 1947.

The petitioner, Mother Dairy Fruit and Vegetable Pvt Ltd, filed five Special Civil Applications under Articles 226 and 227 of the Constitution of Indi...

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Supreme Court Dismisses Employee's Appeal in Resignation Withdrawal Case Under Maharashtra Universities Act, 1994. Withdrawal of Prospective Resignation Barred by Implied Contract and Estoppel as Correspondence Showed Mutual Agreement Making Resignation Final and Binding.

The appeal arose from a dispute over the withdrawal of a prospective resignation submitted by an employee before its effective date. The appellant, an...

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Supreme Court Allows Appeal in Pension Dispute: Patna High Court Had Territorial Jurisdiction to Entertain Writ Petition Challenging Stoppage of Pension. Part of Cause of Action Arose Where Pension Was Received and Stopped, Not Where Employment Was Served.

The appeal arose from a judgment of the Patna High Court dismissing a Letters Patent Appeal against a Single Judge's order that had dismissed a writ p...

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Bombay High Court Allows Writ Petition Challenging Recovery of Excess Pay in Ordnance Factory Case. Recovery of Excess Amount Paid Due to Employer's Mistake Held Impermissible When Employees Are in Same or Higher Pay Scale and No Misrepresentation Is Involved.

The petitioners, employees of Ordnance Factory Bhandara, were granted a higher pay scale by the employer. Subsequently, the employer sought to recover...

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Supreme Court Allows Appeal by Employer in Pension Dispute, Holding Resignation Forfeits Past Service. Employee Who Resigned Before Pension Rules Came Into Force Not Entitled to Pensionary Benefits Despite Completing 22 Years of Service.

The case involves an appeal by BSES Yamuna Power Ltd. against a Delhi High Court judgment granting pensionary benefits to the first respondent, Ghansh...

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High Court of Karnataka Dismisses Petitions Challenging Gratuity Recovery Orders Against Municipal Corporation Employees. Gratuity Act Section 7(4-A) Recovery Not Barred by Limitation Act; Employer's Failure to Deposit Amount Attracts Interest.

The petitioners, former employees of the Hubli-Dharwad Municipal Corporation, challenged the recovery orders passed by the Deputy Commissioner and App...

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Bombay High Court Allows Appeal by Zilla Parishad in Reinstatement Case — Civil Court Lacks Jurisdiction to Reinstate Teacher Under Section 24 of Bombay Primary Education Act, 1947. Suit Also Barred by Limitation Under Section 280 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.

The case involves a Second Appeal by the Zilla Parishad, Solapur, against a judgment of the District Court which had confirmed the Civil Court's decre...