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Bombay High Court Allows Writ Petition Challenging Termination of Visually Impaired Employee Under Persons with Disabilities Act, 1995. Termination Based on Pre-Act Medical Report Held Invalid as Employer Failed to Consider Alternative Employment Under Section 47 of the Act.

The petitioner, Ashok Dhondu Ahire, was appointed as a Peon on 28/04/1981 and later worked as a Messenger. By letter dated 22/09/1987, the Board of Re...

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Bombay High Court Dismisses State's Writ Petitions Challenging Labour Court Awards in Muster Roll Employee Reinstatement Cases. Muster Roll Employees Working for 240 Days in a Calendar Year Are Entitled to Reinstatement Under Section 25-F of the Industrial Disputes Act, 1947.

The present batch of writ petitions was filed by the State of Maharashtra and its officers challenging the common judgment and order passed by the Lab...

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Bombay High Court Dismisses MSRTC Petition Challenging Industrial Court Order on Unfair Labour Practice. Failure to Provide Alternate Employment to Medically Unfit Driver Constitutes Unfair Labour Practice Under Item 9 of Schedule IV of MRTU & PULP Act, 1971.

The Maharashtra State Road Transport Corporation (MSRTC) challenged an order of the Industrial Court, Nagpur, which declared that the Corporation was ...

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Bombay High Court Allows Writ Petition of Visually Impaired Peon Against Termination Due to 100% Disability. Holds That 40% Minimum Disability Requirement Under Advertisement Cannot Override Statutory Provisions of Persons with Disabilities Act, 1995.

The petitioner, Patel Suleman Gaibi, who is 100% visually disabled, applied for the post of peon in the Irrigation Department of the State of Maharash...

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Bombay High Court Upholds Industrial Tribunal Award Granting Merger of Dearness Allowance with Basic Pay for Municipal Employees. The court held that the Tribunal's decision to merge DA with basic pay and grant consequential benefits was within its jurisdiction and not perverse.

The petitioner, Sangli Miraj Kupwad Cities Municipal Corporation, challenged an award dated 28 February 2011 passed by the Industrial Tribunal, Sangli...

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Bombay High Court Dismisses MSRTC's Petition Challenging Labour Court Order Setting Aside Termination with Retrospective Effect. Termination of Employee with Retrospective Effect from Date of Medical Unfitness Held Illegal as It Deprives Employee of Opportunity to Be Heard.

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment of the Labour Court dated 22.08.2017 allowing Complaint ...

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Gujarat High Court Dismisses Petition for Regularisation of Daily Wager in Industrial Dispute — No Employer-Employee Relationship Established with State. Claim for Regularisation Fails as Petitioner Worked Under Private Contractor, Not Under State or Its Instrumentality.

The petitioner, Rajesh Anantray Ravl, filed a Special Civil Application under Articles 226 and 227 of the Constitution of India before the Gujarat Hig...

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Bombay High Court Allows Petition of Disabled Employee Against Private Company for Violation of Persons with Disabilities Act, 1995. Employer Directed to Re-Employ or Pay Compensation for Hearing Loss Acquired Due to Unsafe Work Environment.

The petitioner, Shree Satish Prabhakar Padhye, a person with hearing disability, filed a writ petition under Article 226 of the Constitution of India ...