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Bombay High Court Upholds Labour Court's Finding of Violation of Sections 25F and 25G, Industrial Disputes Act, 1947, But Questions Reinstatement Relief. The Court Examines Whether Reinstatement with Back Wages Is Mandatory for a Daily-Wager Illegally Retrenched from a Temporary Afforestation Scheme.

The writ petition arose from a challenge by the employer, the Social Forestry Department of the Government of Maharashtra, against the concurrent orde...

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Bombay High Court Allows Workman's Appeal for Wages Under Section 17-B of Industrial Disputes Act, 1947 — Employer's Challenge Dismissed. Court held that workman is entitled to last drawn wages during pendency of proceedings before Labour Court, irrespective of employer's financial hardship.

The case involves two Letters Patent Appeals (LPA 294/2010 and LPA 296/2010) arising from an order of a Single Judge dated 26.10.2010 in Writ Petition...

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Bombay High Court Dismisses Workman's Petition Seeking Back Wages Despite Reinstatement — 'No Work No Pay' Principle Applied. Workman Never Joined Service, Hence Not Entitled to Back Wages Under Industrial Disputes Act, 1947.

The petitioner, Tanaji D. Chavan, filed a writ petition challenging an order dated 17th January 1998 passed by the Labour Court, which granted reinsta...

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Supreme Court Dismisses Appeals by Postal Department, Holds Gramin Dak Sewaks Entitled to Gratuity Under Payment of Gratuity Act, 1972. Voluntary Resignation Does Not Bar Gratuity as Section 4(1)(b) of the Act Overrides Rule 6(13) of the Gramin Dak Sewak (Conduct & Engagement) Rules, 2011.

The Supreme Court considered two appeals arising from the Punjab & Haryana High Court concerning the entitlement of Gramin Dak Sewaks (GDS) to gratuit...

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High Court of Bombay Allows Driver's Petition for Backwages in Disproportionate Penalty Case. Labour Court's denial of backwages set aside due to lack of reasons and failure to consider that employee was willing to work.

The Petitioner, a driver employed with the Respondent-Transport Corporation since 1985, was dismissed from service on 8 June 2011 following disciplina...

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Bombay High Court Allows Appeal of Employee in Termination Dispute — Reinstatement with Back Wages Granted. Single Judge's Order Set Aside as Termination Found Illegal Without Proper Inquiry Under Section 5 of the Maharashtra Universities Act, 1994.

The appellant, Prakash s/o Makdu Patil, was employed as a permanent employee with the Abhay Yuva Kalyan Kendra Sanchelit Women's College, Dhule. He wa...

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Bombay High Court Partly Allows Employer's Appeal in Back Wages Case, Reduces Interest Rate from 9% to 6%. The court held that interest rate of 9% per annum on back wages for an employee who did not work during the period was excessive and reduced it to 6% per annum.

The case involves an appeal by the Regional Director, International Airports Authority of India (employer) against a judgment of a single judge of the...

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High Court of Bombay Dismisses Management's Challenge to Reinstatement Order of Vocational Course Teacher. Court Holds That Notices Issued Did Not Comply with Rule 25-A of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, and Termination Was Invalid.

The case involved cross-writ petitions arising out of a dispute between a vocational course teacher and the management of an educational institution r...