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Bombay High Court Considers Writ Petitions Challenging Labour Court and Industrial Court Orders on Workman Status of Retail Salesmen Under Industrial Disputes Act and MRTU & PULP Act. Petitions Raise Maintainability of Complaints Under Section 28 and Quantum of Backwages.

The dispute arose when Bata India Ltd., a footwear manufacturer and retailer, decided in 2007 to operate its showrooms in Mumbai, Thane and Pune seven...

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High Court Upholds Award Directing Absorption of Contract Workers as Permanent Employees. Tribunal's Finding of Sham Contract Upheld as Workers Were Directly Supervised and Paid by Principal Employer Under CLRA Act, 1970.

The Airports Authority of India (AAI), a statutory body, filed a writ petition under Article 226 of the Constitution challenging the Award dated 26 Ma...

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Supreme Court Tags Civil Appeals and Transfer Cases on Inter Se Seniority Between Direct Recruit and Promotees in Income Tax Department. Core Question is Whether Seniority of Direct Recruits Should be Based on Date of Appointment or Date of Vacancy.

The Supreme Court of India heard a batch of civil appeals and transfer cases concerning the inter se seniority dispute between direct recruits and pro...

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High Court of Karnataka Considers Regularization of Staff Nurses (Stipendiary) in Light of Umadevi (3) Principle. Temporary Employees Claim Permanent Absorption After Nearly Two Decades of Service, Raising Equal Pay for Equal Work Under Articles 14 and 16.

The writ petitions were filed by ten Staff Nurses (Stipendiary) working at the Jayadev Institute of Cardiovascular Sciences and Research since their a...

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Appropriate Government for ARAI held to be State Government – Petitioner not deemed a ‘workman’ under Section 2(s) of the Industrial Disputes Act, 1947 – Petition dismissed

The petitioner’s supervisory and managerial functions disqualified him from being classified as a ‘workman.’ The nature of duties and responsib...

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Supreme Court Dismisses Direct Recruits' Appeal in Seniority Dispute — Date of Appointment Prevails Over Year of Vacancy. Promotees appointed on 01.03.2007 are senior to direct recruits appointed on 14.08.2007 and 24.11.2007 under the Manipur Police Service Rules, 1965.

The case involves an inter-se seniority dispute between promotees and direct recruits in the Manipur Police Service Grade II Officers Cadre. The promo...

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Supreme Court Allows Appeal in Reservation Interchangeability Case for Teacher Posts. Unfilled SC/ST Posts Must Be Considered for Interchangeability to Backward Class Category Under Policy Letter No. 17246 and Section 7 of Punjab Schedule Castes and Backward Classes (Reservation in Service) Act, 2006.

The dispute originated from the State of Punjab's failure to fill vacancies for Elementary Trained Teachers (ETT) advertised in 2015 and 2016, leading...

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Gujarat High Court Allows Writ Petition for Temporary Status and Benefits to Ad Hoc Junior Engineers. Kandla Port Trust directed to grant temporary status and consequential benefits including arrears, provident fund, pension, leave, and allowances from 08.08.2005 to 19.04.2012.

The petitioners, four individuals, were initially appointed as ad hoc Junior Engineers (Civil) by the Kandla Port Trust between 1998 and 2000 after fo...

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Supreme Court Allows Appeal in Recruitment Dispute Over Local Reservation Ratio Under Article 371D of Constitution. Court Restores Selection of Non-Local Candidate as Per 30:70 Ratio Under GOMs No. 124 Dated 07.03.2002.

The case involves a recruitment dispute for the post of junior lecturers in Residential Educational Institutions Societies in Telangana. The appellant...