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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 SAI's Appeal Against High Court Order Upholding Tribunal's Direction to Consider Respondents as Initial Constituents Under 2022 Recruitment Rules. Concession Made by Counsel Before High Court Cannot Be Resiled From Absent Fraud or Lack of Authority.

The case involves Sports Authority of India (SAI) and its contractual physiotherapists. SAI was created in 1984 under the Societies Registration Act, ...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court's Reinstatement Order in Industrial Dispute Case — Misconduct Proved but Punishment Disproportionate. Labour Court's Discretion Under Section 11A of Industrial Disputes Act, 1947 Upheld as Not Perverse or Unreasonable.

The petitioner-employer, a company manufacturing fuel injection equipment, challenged an Award dated 13 December 2023 of the First Labour Court, Nashi...

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Bombay High Court Dismisses Union's Challenge to Tribunal Order Refusing to Treat Company's Closure Application as Withdrawn. Held that the Tribunal's refusal was not perverse and the Union's application was premature under Section 25-O of the Industrial Disputes Act, 1947.

The judgment concerns two writ petitions filed by the General Motors Employees Union challenging an order of the Industrial Tribunal dated 28.04.2023 ...

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Bombay High Court Allows Retired Employee's Challenge to Recovery of Excess Pension Paid Due to Mistaken Inclusion of Promotional Increment. Recovery of excess payment after six years of retirement held impermissible as per principles against recovery from retired employees.

The petitioner, Tarachand s/o Urkudaji Gajbhiye, a retired government employee, was aggrieved by an order dated 19.1.2016 issued by respondent No. 2, ...

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Bombay High Court Allows Pension to Voluntary Retiree with 17 Years Service Under General Insurance Pension Scheme. Supreme Court Precedent in Kirpal Singh Applied to Override 20-Year Qualifying Service Requirement.

The petitioner, Suhas Vinayak Sohoni, was appointed as a Development Officer in the National Insurance Co. Ltd. on 10 February 1985. After completing ...

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Bombay High Court Allows Writ Petitions Challenging Cancellation of Caste Certificates of Scheduled Tribe Employees. Held that Scrutiny Committee must provide opportunity of hearing and consider all relevant material before invalidating caste claims.

The judgment concerns multiple writ petitions filed by employees of the State of Maharashtra whose caste certificates (claiming Scheduled Tribe status...

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Bombay High Court Dismisses Writ Petition Challenging Termination of Training Under Industrial Disputes Act — Trainee Not a Workman Under Section 2(s) of Industrial Disputes Act, 1947. Training Agreement Did Not Create Employer-Employee Relationship, Hence No Retrenchment.

The petitioner, Nilesh Shivaji Sapkar, was initially appointed by respondent no.4, Volkswagen India Private Limited, for a fixed period of six months ...

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Bombay High Court Dismisses Petition Challenging Excise Duty Rate on Cranes — Enacted Statute Prevails Over Discrepancy in Bill Versions. Rate of Duty Under Heading 84.26 of Central Excise Tariff Act, 1985 is 15% Ad Valorem, Not 12% as Claimed by Manufacturer.

The petitioner, M/s. Garlick Engineering, a manufacturer of cranes, filed a writ petition challenging the rate of central excise duty applicable to cr...

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Bombay High Court Allows Indian Airlines' Petition, Upholds Termination of Employee for Loss of Confidence Due to Gold Smuggling. Termination Without Enquiry Valid Under Standing Orders as Employee's Acts Posed Security Threat to Aircraft and Passengers.

The petitioner, Indian Airlines Limited, challenged an order of the Industrial Court which declared the termination of the first respondent's services...