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Bombay High Court Dismisses MSRTC Petition Challenging Industrial Court Order for Alternate Employment with Pay Protection. Employer's Obligation to Provide Suitable Alternate Employment Under MRTU & PULP Act Includes Pay Protection for Medically Unfit Driver.

The case involves a writ petition filed by the Maharashtra State Road Transport Corporation (MSRTC) challenging an order of the Industrial Court, Nagp...

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Supreme Court Allows Appeal of Army Washerman Discharged on Medical Grounds Without Invalidating Board. Discharge under Rule 13(3)(III)(iii) of Army Rules, 1954 requires Invalidating Board recommendation; residual clause (v) inapplicable.

The appellant, Ex-Sepoy (Washerman) Ram Khilawan, was enrolled in the Indian Army on October 23, 1987. He was discharged from service on August 31, 19...

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Supreme Court Allows Appeal of Ex-Sepoy Discharged on Medical Grounds Without Invalidating Board. Discharge under Rule 13(3)(III)(iii) of Army Rules, 1954 requires Invalidating Board; failure renders discharge illegal.

The appellant, Ex-Sepoy (Washerman) Ram Khilawan, was enrolled in the Indian Army on October 23, 1987. He was placed in permanent Low Medical Category...

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Bombay High Court Allows Writ Petition for Compassionate Appointment Against MSRTC Due to Unfair Labour Practice. Court Condemns MSRTC's Inhuman Treatment and Imposes Costs of Rs. 25,000 for Delaying and Denying the Claim of Deceased Employee's Son.

The petitioner, Mahesh Bahad, filed a writ petition before the Bombay High Court (Nagpur Bench) seeking compassionate appointment after the death of h...

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Bombay High Court Upholds Reinstatement of HIV-Positive Driver in MSRTC — Discrimination Based on HIV Status Violates Right to Equality and Right to Life. Termination of Driver Solely on Ground of HIV Positivity Set Aside as Unconstitutional and Contrary to National AIDS Policy.

The petitioner, a driver employed by the Maharashtra State Road Transport Corporation (MSRTC), was terminated from service after being tested positive...

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Bombay High Court Dismisses MSRTC Petition Challenging Industrial Court Order on Unfair Labour Practice. Failure to Provide Alternate Employment to Medically Unfit Driver Constitutes Unfair Labour Practice Under Item 9 of Schedule IV of MRTU & PULP Act, 1971.

The Maharashtra State Road Transport Corporation (MSRTC) challenged an order of the Industrial Court, Nagpur, which declared that the Corporation was ...

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Bombay High Court Upholds Employee's Plea for Voluntary Retirement in MSRTC Medical Unfit Case by Quashing Denial Order. Medical Board Declared Assistant Traffic Superintendent Unfit for Duty, and Court Deemed Retirement from 1 November 2019, Directing Retiral Benefits by 31 December 2021.

The matter arose from a writ petition before the Aurangabad Bench of the Bombay High Court challenging the order dated 31 December 2019 passed by the ...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Partnership Retirement Dispute. The Court Examines Whether the Arbitrator Erred in Rejecting Petitioners' Claims and Imposing Costs Under the Arbitration and Conciliation Act, 1996.

Background: The dispute arose out of a partnership firm, M/s. Prospective Traders, constituted in 1977 by three family trusts. In 1985, the petitioner...

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Bombay High Court Dismisses Petition Seeking Permanency for Hospital Employee — Industrial Court's Finding of No Continuous Service Upheld. Employee Failed to Establish 240 Days of Work in 12 Months Under Section 5-B of MRTU & PULP Act, 1971.

The petitioner, Kumar Dashrath Kamble, filed a writ petition before the Bombay High Court challenging the judgment and order dated 3 May 2023 passed b...