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Bombay High Court Quashes Suspension of Medical Officer in MCGM for Violation of Natural Justice and Lack of Prima Facie Evidence. Suspension order set aside as petitioner was not named in FIR and no show cause notice was issued.

The Petitioner, Dr. Shailendra Dattatray Gujar, was a Medical Officer employed with the Brihanmumbai Municipal Corporation (MCGM). He was initially de...

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Bombay High Court Allows Widow's Petition Quashing Recovery from Gratuity in Pay Fixation Error Case. Recovery of Excess Payment Made to Deceased Government Employee Without Notice Violates Natural Justice and Cannot Be Deducted from Death Gratuity.

The petitioner, Jayshri w/o Sanjay Chandode, is the widow of Sanjay Bhagirath Chandode, a government employee who worked as a peon in the office of Re...

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High Court Partly Allows Municipal Corporation's Challenge to Pension Calculation for Daily Wager Employees. Daily Wager Service Prior to Regularization Does Not Qualify as Pensionable Service Under Maharashtra Civil Services (Pension) Rules, 1982, as Appointments Were Not Against Sanctioned Posts.

The dispute involved Nagpur Municipal Corporation challenging an Industrial Court order that granted pensionary benefits to daily wager employees by c...

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Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

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Bombay High Court Upholds Single Judge's Order Allowing Employer to Conduct Fresh Enquiry or Reinstate Employee with Partial Back Wages. The court balanced employer's right to discipline with employee's right to livelihood under Industrial Disputes Act, 1947.

The case involves two Letters Patent Appeals arising from a common judgment of a learned Single Judge in Writ Petition No. 906/2001. The appellant in ...

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Bombay High Court Dismisses Employer's Challenge to Gratuity Award for Non-Seasonal Employees in Ginning Factory. Employees working as Wireman and Press Driver held entitled to gratuity at fifteen days' wages per year under Section 4(2) of Payment of Gratuity Act, 1972, not seven days per season.

The case involves two writ petitions filed by Madhaodas Jankidas Mohta Ginning and Pressing Factory (the employer) challenging orders of the Controlli...

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Bombay High Court Allows Widow's Petition for Voluntary Retirement Benefits Despite Employee's Death Before Acceptance. Employer's Failure to Communicate Decision on VRS Application Within Reasonable Time Renders Deemed Acceptance.

The petitioner, Smt. Urmila Chandrakant Gaikwad, is the widow of Chandrakant Gaikwad, a permanent employee of Bank of Baroda who served from 7 October...