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Supreme Court Dismisses Appeal by Insurance Company, Holds Mediclaim Amount Not Deductible from Motor Accident Compensation. Contractual Insurance Benefit Is Independent of Statutory Compensation Under Motor Vehicles Act, 1988, and Cannot Be Deducted to Avoid Double Recovery.

The Supreme Court in this appeal considered the question whether amounts received by a claimant under a Mediclaim policy are deductible from the compe...

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High Court of Karnataka Quashes Blacklisting Order Against Pharmaceutical Distributor for Violation of Natural Justice. Blacklisting Without Show Cause Notice and Opportunity of Hearing Held Invalid Under Article 226 of Constitution of India.

The petitioner, M/s. Sujal Pharma, a proprietorship firm engaged in pharmaceutical distribution, challenged a blacklisting order dated 29.10.2021 issu...

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Bombay High Court Dismisses Employer's Challenge to Labour Court Awards in Industrial Dispute Cases. Reinstatement with Back Wages Upheld for Workmen Found to Have Completed 240 Days of Service and Terminated Without Compliance with Section 25-F of Industrial Disputes Act, 1947.

The judgment pertains to a batch of writ petitions filed by Duncan Engineering Ltd. (erstwhile Schrader Duncan Ltd.) challenging separate awards passe...

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Bombay High Court Dismisses Employer's Petition Challenging Reinstatement of Workman in Unfair Labour Practice Case. Labour Court's finding of illegal termination and award of 25% back wages upheld as not perverse.

The petitioner, Hartex Tubes Pvt. Ltd., challenged the judgment of the First Labour Court, Nagpur, dated 26.2.2007, which declared the dismissal of re...

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Bombay High Court Upholds Compensation Over Reinstatement for Daily Wage Employee in Unfair Labour Practice Case. Refusal of reinstatement and back wages upheld as employee worked only for 4 years and compensation of Rs. 25,000 deemed adequate under MRTU & PULP Act, 1971.

The petitioner, Jagdish s/o Karuji Bombarde, was a daily wage employee of the Municipal Council, Tumsar. He was appointed in February 1997, transferre...

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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 Dismisses Petition by Electricity Company Challenging Industrial Court's Modification of Punishment. Industrial Court can examine proportionality of punishment under MRTU & PULP Act even if enquiry is not challenged.

The petitioners, officers of Maharashtra State Electricity Distribution Company Ltd., challenged the judgment of the Industrial Court dated 22/03/2013...

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Bombay High Court Dismisses Writ Petition of Dismissed Bus Conductor in Misappropriation Case. Labour Court's finding that punishment of dismissal was proportionate to misconduct of ticket irregularities upheld as not shockingly disproportionate.

The petitioner, Shivaji Daulat Dadar, was employed as a Bus Conductor with the Maharashtra State Road Transport Corporation (MSRTC) since 1989. On 13 ...

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Bombay High Court Upholds Dismissal of Bus Conductor in MSRTC Misappropriation Case. Labour Court's refusal to interfere with punishment of dismissal for collecting Rs.14/- but issuing Rs.5/- ticket and having cash excess of Rs.11/- is confirmed as not perverse.

The petitioner, Rohidas Premchand Bhagat, was employed as a bus conductor with the Maharashtra State Road Transport Corporation (MSRTC) since 1 Novemb...

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Bombay High Court Dismisses Petition of Workmen Seeking Absorption in Western Coalfields Limited — Canteen Workers Not Entitled to Direct Absorption as Contractor Was Not a Sham and Contract Labour Was Not Prohibited Under the Contract Labour (Regulation and Abolition) Act, 1947.

The petitioner, a trade union representing workmen of Taroda Opencast Mine of Western Coalfields Limited, challenged an award of the Central Governmen...