Search Results for "employer's discretion"

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Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
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Search Results for "employer's discretion"

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High Court

Bombay High Court Decrees Suit in Favour of Financial Advisor in Commercial Summary Suit for Professional Fees — Interpretation of Mandate Letter Options for Success Fee on Cash Sales of NPAs. Court holds that where the Bank exercised option of 100% cash sales, the Financial Advisor is entitled to success fee at the higher rate of 0.50% on cash received, as per option (a) of the Mandate Letter dated 1 July 2017.

25 Feb 2025

The Plaintiff, Special Situation Advisors (India) Pvt. Ltd., a company registered under the Companies Act, 1956, engaged in providing financial adviso...

High Court

High Court of Karnataka Allows EPFO Appeal Against HMT Limited in Provident Fund Dues Recovery Case — Establishes That Public Sector Undertakings Are Not Exempt from EPF Act Coverage and Recovery Proceedings. The Court Held That the EPF Act Applies to All Establishments Covered Under Section 1(3) and That the Respondent's Financial Difficulties Do Not Bar Recovery of Statutory Dues.

27 Jun 2023

The case involves an appeal filed by the Regional Provident Fund Commissioner and the Recovery Officer of the Employees' Provident Fund Organization (...

High Court

Bombay High Court Upholds Industrial Tribunal's Award Reinstating Employee with Back Wages in Service Dispute for Non-Disclosure of Pending Criminal Case. Employee's Failure to Disclose Pending Prosecution Under Maharashtra Prevention of Gambling Act, 1887 in Attestation Form Held Not to Vitiate Appointment as Employer Failed to Prove Suppression Was Wilful or That Employee Was Convicted.

29 Nov 2019

The case involves two writ petitions arising from an industrial dispute between an employee, Narendra Vitthalrao Tarsekar, and his employer, State Ban...

High Court

Bombay High Court Allows Employer's Petition Challenging Industrial Tribunal Award on Wage Parity for Mumbai Workers. Court holds that Tribunal erred in granting wage parity between Mumbai and Taloja units without considering financial capacity and other relevant factors under Section 10 of Industrial Disputes Act, 1947.

25 Jul 2019

The case involves two writ petitions arising from an award of the Industrial Tribunal in a wage dispute between VVF Limited Employees' Union (the Unio...

Supreme Court

Supreme Court Partially Allows Appeal for Back Wages in Wrongful Dismissal Case — Municipal Employee Denied Full Back Wages Despite Illegal Removal Due to Financial Constraints of Municipality. The Court upheld the High Court's discretion to deny back wages where the employer is a financially constrained municipality, confirming that continuity of service and retiral benefits are sufficient relief.

1 Jan 2019

The appellant, Jayantibhai Raojibhai Patel, was appointed as Headmaster of a school run by the Municipal Council, Narkhed on 1 July 1986. In 1994, he ...

High Court

High Court of Bombay at Nagpur Upholds CAT Order Directing Appointment of Candidates Who Suppressed Criminal Cases in Application Form — Suppression of Criminal Case Not Material When Case Ended in Acquittal and Candidates Were Otherwise Eligible.

30 Aug 2018

The Union of India and other petitioners challenged the order of the Central Administrative Tribunal (CAT) dated 7th August 2014, which directed them ...

High Court

Bombay High Court Upholds Reinstatement with Continuity but Modifies Back Wages in Zilla Parishad Termination Case — Workman's Absence Treated as Leave Without Pay. The court held that the Labour Court had power to grant continuity of service but the Single Judge correctly denied back wages for the period the workman did not work, as back wages are not automatic under Section 11A of the Industrial Disputes Act, 1947.

21 Sep 2017

The case involves two Letters Patent Appeals arising from a judgment of a Single Judge of the Bombay High Court in Writ Petition No. 5809 of 2007. The...

High Court

Bombay High Court Upholds Reinstatement Order with Modified Back Wages in Industrial Dispute — Workman's Union Activities Led to Dismissal; Labour Court's Order Upheld with 80% Back Wages.

5 May 2006

The judgment arises from cross writ petitions challenging an order dated 25th March 1998 passed by the First Labour Court, Bombay, in Reference (IDA) ...

High Court

Bombay High Court Dismisses Employer's Petition Challenging Interim Reinstatement Order in Unfair Labour Practice Case. Labour Court's Direction to Reinstate Workman with Full Wages Pending Complaint Upheld as Proper Exercise of Power Under Section 30(2) of MRTU & PULP Act.

27 Feb 2006

The petitioner, Mahindra & Mahindra Limited, challenged an order of the Industrial Court, Mumbai dated 25th October 2005, which dismissed its revision...

High Court

Bombay High Court Upholds Reinstatement of Employee Dismissed for Theft of Drill Bits - Labour Court Award of Full Back Wages Restored. Employer's Disciplinary Proceedings Found Vitiated Due to Denial of Fair Opportunity and Non-Examination of Key Witnesses.

30 Nov 2005

The appellant, Mahindra & Mahindra Limited, challenged the judgment of a learned Single Judge of the Bombay High Court which dismissed its writ petiti...

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