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Bombay High Court Quashes Dismissal of Teacher Due to Procedural Lapses in Departmental Enquiry under MEPS Act. Non-payment of subsistence allowance and failure to follow statutory enquiry procedure vitiated the termination, violating principles of natural justice under MEPS Rules, 1981.

The matter concerned a challenge by a secondary school teacher to his termination by the management of a private school. The teacher was appointed on ...

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Karnataka High Court Dismisses Writ Petition by Two Companies Challenging Gratuity Payment Order — Payment of Gratuity Act, 1972. Employee's continuous service under same management entitles him to gratuity despite separate corporate identities.

The petitioners, Varma Industrial Private Limited and IBC Knowledge Park Private Limited, challenged the order dated 31.05.2018 passed by the Assistan...

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WRIT PETITION NO. 957 OF 2013

The petitioners, retired employees of the Mumbai Municipal Corporation, along with other slum dwellers, filed writ petitions under Article 226 of the ...

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Bombay High Court Upholds Continuity of Service for Gratuity Calculation in Cross-Border Employment Transfer. Employer Liable for Gratuity for Entire Service Period Including Foreign Assignment Under Payment of Gratuity Act, 1972.

The judgment involves cross petitions filed by Mercedes-Benz India Pvt. Ltd. (employer) and its ex-employee, Mr. Noshir Nani Desai, challenging an ord...

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Bombay High Court Considers Letters Patent Appeal Against Single Judge's Order in Retrenchment Dispute, Examining Scope of Industrial Tribunal's Jurisdiction. Key Issues Include Whether Tribunal Could Determine Legality Under Section 25F When Reference Limited to Justifiability of Retrenchment.

The appeal arose from an industrial dispute concerning the retrenchment of seven workmen by M/s DBH International Ltd., a clearing and forwarding agen...

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Bombay High Court Upholds Termination of Temporary Employee for Fraudulent Appointment. Appointment obtained by suppressing material facts and producing forged documents is void ab initio, and the employee is not entitled to reinstatement or back wages.

The case involves three writ petitions arising from a dispute over the appointment of a teacher in a private aided school. The first petition was file...

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Bombay High Court Allows Petitions Challenging Labour Court Orders Under Section 33C(2) Industrial Disputes Act. Employer-Employee Relationship Must Be Established Before Invoking Section 33C(2) and Cannot Be Decided as Incidental Issue.

The judgment involves two writ petitions challenging orders of the Labour Court under Section 33C(2) of the Industrial Disputes Act, 1947. The petitio...

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Bombay High Court Dismisses Petition Seeking Retrospective Promotion and Back Wages for Master's Post — Exoneration Does Not Automatically Entitle to Retrospective Promotion or Back Wages Without Specific Order.

The petitioner, Lt. Cdr. Alok Verma, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus directing the Shipping Co...