Search Results for "Employer Discretion"

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Supreme Court Allows Appeal of Retired Employees Against Recovery Orders in Service Law Case Due to Lack of Hearing and Erroneous Employer Interpretation. Recovery of Excess Payments After Retirement Held Illegal as No Misrepresentation by Employees and Based on Equity Principles to Prevent Hardship.

The dispute involved retired stenographers who had been granted financial benefits in 2017 based on the Shetty Commission recommendations, which were ...

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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 Allows Restoration of Pension Based on Last Pay Drawn Without Deduction of Advance Increments Granted 27 Years Prior - Principle of Equity Prevents Withdrawal of Long-Standing Benefits in Absence of Misrepresentation or Fraud

The petitioner, a Junior Hindi Stenographer, served with the Madhya Pradesh Government from 23.04.1977 to 20.11.1985. She then joined the respondent e...

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Bombay High Court Allows Management's Petition in School Teacher Termination Case — Tribunal's Order Set Aside for Non-Compliance with Limitation Rules. Appeal Dismissed as Filed Beyond 30-Day Limit Without Condonation Application Under Rule 36(2) of M.E.P.S. Rules, 1981.

The petitioners, Lady Yashodabai Joshi Ladies Club (a registered Public Trust) and the Head Master of Golden Kids English High School (collectively 't...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Employee in School Termination Case. Non-Compliance with Mandatory Procedure under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 Renders Termination Illegal.

The petitioners, Lady Yashodabai Joshi Ladies Club (a registered Public Trust) and the Head Master of Golden Kids English High School (collectively re...

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Bombay High Court Allows Writ Petition Challenging Recovery of Excess Pay in Ordnance Factory Case. Recovery of Excess Amount Paid Due to Employer's Mistake Held Impermissible When Employees Are in Same or Higher Pay Scale and No Misrepresentation Is Involved.

The petitioners, employees of Ordnance Factory Bhandara, were granted a higher pay scale by the employer. Subsequently, the employer sought to recover...

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Bombay High Court Dismisses Retired Teacher's Petition Challenging Regularization of Suspension Period as Suspension Only in Disciplinary Proceeding. Charges Partly Proved in Departmental Enquiry Despite Acquittal in Criminal Case, Suspension Period Cannot Be Treated as Duty Period.

The petitioner, a retired teacher, challenged the order of the Additional Commissioner, Amravati, which dismissed his appeal and treated the period of...

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Bombay High Court Dismisses Petition Challenging Working Hours Provisions in Motor Transport Workers Act. Court upholds sections 13 and 16 of Motor Transport Workers Act, 1961 as constitutionally valid and not violative of Articles 14 and 21.

The petitioner, BEST Worker's Union, claiming to be an approved and representative union for employees in the transport section of Brihanmumbai Electr...

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Bombay High Court Dismisses Appeal of Daily Wage Workers Seeking Reinstatement Under Kalelkar Award. Workers Held Not Covered by Award but Entitled to Retrenchment Compensation Under Chapter VA of Industrial Disputes Act, 1947.

The case involves an appeal under Clause 15 of the Letters Patent against a judgment of a learned Single Judge of the Bombay High Court dated 15.10.19...