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High Court Allows Writ Petition Under Article 227, Sets Aside Industrial Court's Finding That Fire Brigade Department Is Not Industrial Establishment -- Matter Remanded For Fresh Consideration

The petitioner, Mumbai Fire Services Union, filed a writ petition under Article 227 of Constitution of India challenging the Industrial Court's findin...

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Bombay High Court Allows MCGM's Writ Petition Against Gratuity Order Due to Procedural Irregularities. Controlling Authority's Ex Parte Order Set Aside as Corporation Was Not Given Proper Opportunity to Be Heard.

The Municipal Corporation of Greater Mumbai (MCGM) filed a writ petition challenging three orders: (1) an ex parte order of the controlling authority ...

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Bombay High Court Dismisses Appeal of Educational Institution Challenging Provident Fund Applicability. Establishment Not Exempt Under Section 16(1)(a) or (b) of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 as It Uses Power and Employs More Than 20 Persons.

The appellant, M/s. Aniket College of Social Work, is a society registered under the Societies Registration Act, 1860 and the Maharashtra Public Trust...

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Bombay High Court Allows Petition of Retired KVIC Employee Challenging Withdrawal of Pension and Recovery of Paid Pension. Pension is a Right, Not a Bounty, and Cannot Be Withdrawn Without Statutory Authority Under Regulation 15 of KVIC Employees Pension Regulations 1984.

The petitioner, A.K. Kumaran Nair, joined the U.P. Khadi and Village Industries Board on 15 June 1982. The Board was taken over by the Khadi and Villa...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Service Tax Reimbursement Dispute. Contractual interpretation of service tax liability under security services contract upheld by arbitrator.

The petitioner, Bombay Intelligence Security (India) Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challengin...

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Bombay High Court Dismisses Writ Petition by Provident Fund Commissioner Challenging Reduction of Damages Under Section 14B of EPF Act. Appellate Tribunal's Power to Reduce Damages Up to 50% Under Para 32B(c) of the Scheme Upheld for Delayed Remittance from April 1993 to November 1996.

The Regional Provident Fund Commissioner and Assistant Provident Fund Commissioner (the Corporation) filed a writ petition challenging the order dated...

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Bombay High Court Allows Writ Petition Challenging Provident Fund Recovery Proceedings Due to Non-Compliance with Natural Justice. The court set aside the order making the EPF Act applicable from 1982 and recovery proceedings, directing fresh show cause notice and hearing.

The petitioner, Shrirampur Education Society, a registered society under the Bombay Public Trusts Act, 1950, filed a writ petition challenging an orde...

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Bombay High Court Dismisses Petition Challenging Damages Under Section 14-B of EPF Act for Delayed Contributions. Levy of Damages Under Section 14-B Does Not Require Mens Rea and Is Compensatory in Nature.

The petitioner, Poona Shims Pvt. Ltd., challenged an order dated 30.6.1995 passed by the Regional Provident Fund Commissioner under Section 14-B of th...