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Gujarat High Court Allows Second Appeal in Service Dispute, Sets Aside Back-Wages Award for Exceeding Pleadings. Appellate Court Erred in Granting Back-Wages Without Claim and Without Considering Jurisdiction of Civil Court Under Section 100 CPC.

The case involves a Second Appeal filed by Amreli Nagarpalika and another against Ashwinbhai Shantilal Goradia, challenging the judgment and decree of...

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Bombay High Court Allows Interest on Delayed Payment of Labour Court Award Under Section 33-C(2) of Industrial Disputes Act, 1947. Labour Court has power to award interest for period between date of award and actual payment to prevent miscarriage of justice.

The petitioner, Mrs. Prabhavati Ramgarib B., filed a writ petition challenging the order of the Central Government Industrial Tribunal and Labour Cour...

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Bombay High Court Allows Interest on Delayed Payment of Labour Court Award Under Section 33-C(2) of Industrial Disputes Act, 1947 — Interest Act, 1978 and Article 226 of Constitution Invoked to Prevent Miscarriage of Justice.

The petitioner, Mrs. Prabhavati Ramgarib B., filed a writ petition under Article 226 of the Constitution of India challenging the order of the Central...

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Bombay High Court Upholds Labour Court's Modification of Dismissal to Withholding of Increments in Hospital Employee Misconduct Case. Labour Court's Power Under Section 11A of Industrial Disputes Act, 1947 to Alter Disproportionate Punishment Upheld, Denial of Back Wages Affirmed.

The judgment concerns two cross writ petitions arising from an award dated 10 May 2011 passed by the Labour Court in Reference (IDA) No. 107 of 2008. ...

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Bombay High Court Upholds Termination of Temporary Employee for Fraudulent Appointment. Appointment obtained by suppressing material facts and producing forged documents is void ab initio, and the employee is not entitled to reinstatement or back wages.

The case involves three writ petitions arising from a dispute over the appointment of a teacher in a private aided school. The first petition was file...

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Gujarat High Court Allows Appeal in Service Matter — Reinstates Daily Wager with Continuity and 50% Back Wages. Termination of a daily wager without following Section 25F of the Industrial Disputes Act, 1947 held illegal, and denial of back wages without valid reasons is unsustainable.

The appellant, Gaurang Krushnakumar Pathak, was employed as a daily wager with the respondent authorities. His services were terminated without follow...

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Bombay High Court Examines Maintainability of Individual Workmen's Complaints for Permanency Under MRTU & PULP Act, 1971. Industrial Court Dismissed Complaints Holding Recognised Union Had Exclusive Right to File Such Complaints, and High Court Finds Need for Factual Adjudication on Merits.

The writ petitions arose from a common judgment of the Industrial Court, Pune, dated 13-3-1996, which dismissed 63 workmen's complaints seeking perman...