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Gujarat High Court Partially Allows Workman's Petition in Industrial Dispute — Directs Reinstatement with 30% Back Wages and Continuity of Service. Labour Court's denial of full back wages set aside as employer failed to prove gainful employment under Section 11A of Industrial Disputes Act, 1947.

The petitioner, Dhirabhai Lalabhai Sangada, was a workman employed by the Deputy Executive Engineer (respondent). He was terminated from service, lead...

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Bombay High Court Allows Petitions Challenging Settlement in Industrial Dispute for Breach of Section 12 of Industrial Disputes Act and Rule 11 of Industrial Disputes (Bombay) Rules. Settlement Dated 5.9.2008 Quashed as Void Ab Initio for Non-Compliance with Mandatory Conciliation Procedure.

The judgment concerns two writ petitions challenging a settlement dated 5.9.2008 arrived at in conciliation between NRC Limited (the company) and NRC ...

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Bombay High Court Dismisses Management's Petition Challenging School Tribunal's Order Setting Aside Supersession of Senior Teacher for Headmistress Post. Appointment of Junior Teacher Based on Interview Without Following Seniority-Cum-Merit Under MEPS Act and Rules Held Invalid.

The petitioner, Mahila Samiti Trust, runs an educational institution. Respondent No.1, Smt. Kiran Sham Shivnani, was appointed as an Assistant Teacher...

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Bombay High Court Upholds Dismissal of Bank Employee in Disciplinary Proceeding — Enquiry Found Fair and Findings Not Perverse. Part-I Award of Industrial Tribunal Confirmed as No Violation of Natural Justice or Principles of Evidence.

The petitioner, Chandrakant Shinde, an employee of Maharashtra Gramin Bank (a Regional Rural Bank established under the Regional Rural Banks Act, 1976...

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Karnataka High Court Quashes Attachment Order Passed by Executing Court in Execution Case Involving Gratuity Amount. Gratuity Payable Under Payment of Gratuity Act, 1972 Held Exempt from Attachment Under Section 13 Even After Death of Employee.

The present writ petition was filed under Article 227 of the Constitution of India challenging the order dated 03.06.2021 passed by the Principal Civi...

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High Court of Bombay Upholds Employer's Forfeiture of Gratuity for Employee Convicted of Theft Involving Moral Turpitude. Theft by Bank Employee Constitutes Moral Turpitude Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972, Justifying Forfeiture of Gratuity.

The petitioners, officials of the Bank of Maharashtra, challenged the order of the Appellate Authority under the Payment of Gratuity Act, 1972, which ...

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Bombay High Court Quashes Suspension Order in Forgery Case Due to Lack of Enquiry and Retrospective Effect. Suspension of teacher set aside as management failed to conduct proper enquiry and suspension was made retrospective without authority.

The petitioner, Subhag S. Kavi, was employed as a teacher at Respondent No.4 School, Sardar Vallabhbhai Patel Vividhlakshi Vidyalaya & Junior College....

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Bombay High Court Upholds CAT Order Reinstating Suspended Police Officer Due to Non-Review Under Rule 3(8) of All India Services (Discipline and Appeal) Rules, 1969. Continued suspension beyond 90 days without mandatory review renders suspension illegal and without authority of law.

The State of Maharashtra and the Director General of Police filed a Writ Petition under Articles 226 and 227 of the Constitution of India challenging ...