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Supreme Court Upholds Reinstatement of Medically Invalidated CRPF Constable in Service Law Case — Employer Must Consider Alternative Employment Before Medical Invalidation. Medical Invalidation Without Exploring Alternative Post Violates Right to Livelihood Under Article 21 of Constitution.

The case involves an appeal by the Union of India and CRPF officers against the High Court of Himachal Pradesh's order reinstating a constable (driver...

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Supreme Court Allows Appeal of Judicial Officer Discharged During Probation and Quashes Discharge Order. Discharge Based on Bail Order and Pending Inquiry Without Hearing Violates Natural Justice and Is Arbitrary Under Rajasthan Judicial Services Rules, 2010 and Article 233 of Constitution of India.

The dispute involved a judicial officer appointed as an Additional District Judge in 2013 under the Rajasthan Judicial Services Rules, 2010, who was d...

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Bombay High Court Allows Writ Petition Challenging Recovery of Alleged Excess Pay from Leave Encashment – Section 33-C(1) Industrial Disputes Act, 1947. Recovery of excess payment after five years held iniquitous and arbitrary, following Chandi Prasad Uniyal principle.

The petitioner, Vilas Pandurang Markande, a former employee of the Mumbai Port Trust (respondent No.2), filed a Writ Petition challenging the order da...

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Bombay High Court Allows Petitions Challenging Recovery from Gratuity of Retired Class III and IV Employees. Recovery of excess payment made due to wrong pay fixation without fault of employee is impermissible after retirement.

The judgment concerns two writ petitions filed by retired Auxiliary Nurse Midwives (ANMs) employed with Zilla Parishad, Aurangabad. The petitioners, J...

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Bombay High Court Dismisses Petitions Challenging CAT Order Allowing Change of Date of Birth of IAS Officer. Authorities' Delay in Deciding Application for Correction of Date of Birth Cannot Be Used to Defeat Claim Under Rule 38 of Maharashtra Civil Services (General Conditions of Service) Rules, 1981.

The Union of India and the State of Maharashtra filed two writ petitions challenging the judgment and order dated 8 March 2016 passed by the Central A...

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Bombay High Court Allows Appeal in ESI Contribution Dispute — Tailors Held Not Employees Under ESI Act. Relationship of employer and employee denied as tailors worked independently outside the shop premises, not under control or supervision of the establishment.

The appellant, Khadi Gramodyog Emporium, Gandhi Sagar, Nagpur, challenged an order dated 14.05.1985 passed by the Deputy Regional Director, Employees ...

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Bombay High Court Dismisses Employer's Challenge to Industrial Court Order Quashing Recovery of Excess Salary Paid Due to Employer's Mistake. Recovery of Rs.1,94,637/- from Retired Employee Set Aside as Employer's Inadvertence Cannot Be Visited on Employee.

The respondent, Sou. Anjali Anil Tare, was appointed as a Lower Division Clerk (LDC) in 1977 and passed her lower division grade examination in 1980, ...

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Bombay High Court Dismisses MPSRTC's Challenge to Industrial Court Order on Special Allowance Ceiling. Unilateral Reduction of Special Allowance from 5% to 2.5% of Basic Pay Held as Unfair Labour Practice Under Item 9 of Schedule IV of MRTU & PULP Act, 1971.

The petitioner, Madhya Pradesh State Road Transport Corporation (MPSRTC), challenged the orders dated 19th and 21st March 1996 passed by the Industria...