Search Results for "employer prerogative"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "employer prerogative"

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High Court

High Court Directs State to Pay Back Wages in Teacher Reinstatement Case Under Maharashtra Employees of Private Schools Rules. The court held that the state government must bear the liability for back wages as per the School Tribunal's order, since the Tribunal did not specify the payer and the management had already deposited funds as directed.

23 Mar 2026

The dispute involved an education society and its college as petitioners against the State of Maharashtra and a teacher as respondents. The teacher wa...

High Court

Madras High Court Dismisses Writ Petition Challenging Cancellation of Home Guard Selection Due to Involvement in Murder Case. Employer's Prerogative to Assess Suitability Upheld Despite Acquittal on Benefit of Doubt.

23 Jan 2026

The petitioner, S.Vimal, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 20.02.2016 passed by the seco...

High Court

Bombay High Court Sets Aside Industrial Court Stay on Promotion/Transfer Order in Newspaper Company Dispute — Transfer as Condition of Service Upheld in Absence of Malafides. Court holds that Industrial Court cannot interfere with transfer order issued in exigencies of service when transfer is an express condition of employment and no prima facie case of malafide is made out.

2 Jul 2024

The Bombay High Court dealt with a petition challenging an interim order of the Industrial Court, Thane, which temporarily restrained the petitioners ...

High Court

Karnataka High Court Allows Appeal by Corporation, Upholds Compulsory Retirement of Employee for Refusing Transfer. Employer's Right to Transfer Employee is a Fundamental Management Prerogative and Refusal Constitutes Misconduct Justifying Dismissal.

21 Jun 2024

The case involves an intra-court appeal by the Karnataka Food and Civil Supplies Corporation Limited against an order of a learned Single Judge dated ...

High Court

Bombay High Court Allows Deemed Promotion to Retired Employee Despite Disciplinary Proceedings — Employer Cannot Ignore Exoneration by Enquiry Officer. Stigmatic remarks in disagreement order set aside as promotion cannot be denied when employee is exonerated of all charges.

30 Jan 2024

The petitioner, Rajendra S/o Baburao Patil, a retired employee of Zilla Parishad, Jalgaon, filed a writ petition seeking deemed date of promotion to t...

High Court

Bombay High Court Holds Entire Rule 15 of MEPS Rules Applies to Probationary Employees Under Section 5(3) of MEPS Act — Non-Compliance of Sub-Rules (3) and (5) Does Not Ipso Facto Vitiate Termination if Sub-Rule (6) Is Satisfied. The court clarified that only sub-rule (6) of Rule 15 is relevant for termination during probation, and failure to comply with sub-rules (3) and (5) does not automatically invalidate termination if the Management has objectively assessed the employee's performance.

30 May 2023

This judgment arises from a reference made by a learned Single Judge to a Larger Bench of the Bombay High Court at Nagpur, concerning the interpretati...

Supreme Court

Supreme Court Allows Appeal by Cooperative Federation on Pay Scale Revision Date Due to Financial Constraints. The Court Held That Financial Stringency Is a Valid Consideration for Deferring Implementation of Revised Pay Scales Under the Industrial Disputes Act, 1947 and Service Rules, Overturning the High Court's Finding of Unfairness.

9 Jul 2021

The Supreme Court of India heard civil appeals filed by the Punjab State Co-operative Milk Producers Federation Ltd. against a High Court order that a...

Supreme Court

Supreme Court Allows State Appeals in Land Acquisition Case — Doctrine of Legitimate Expectation Cannot Override Statutory Acquisition Process. Industrial Development Constitutes Valid Public Purpose Under Land Acquisition Act, 1894.

15 Feb 2021

The appeals arise from a common judgment of the Uttarakhand High Court dated 02.11.2018, which dismissed the appeals filed by the appellants (the Stat...

Supreme Court

Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

24 Apr 2020

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

High Court

Bombay High Court Dismisses Petition Challenging Industrial Court Order in Unfair Labour Practice Complaint. Petitioner failed to establish employer-employee relationship with respondent company as he was engaged through a contractor.

23 Mar 2005

The petitioner, M.G. Bhide, filed a complaint before the Industrial Court at Pune under the Maharashtra Recognition of Trade Unions and Prevention of ...

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