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High Court of Bombay at Nagpur Quashes Removal of Bank Officer in Disciplinary Proceeding for Violation of Natural Justice. Non-Supply of Documents and Enquiry Report, and Bias by Enquiry Officer Lead to Setting Aside of Removal Order Under Service Law.

The petitioner, Balaji Digambarrao Kotgire, was appointed as a Clerk-cum-Cashier in the Oriental Bank of Commerce on 7th July 1979. He was later promo...

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Bombay High Court Quashes Suspension of Employee in MSRTC Case — Employer Cannot Suspend Without Considering Employee's Explanation. Suspension Order Set Aside as Charge-Sheet Was Issued Without Affording Opportunity of Hearing Under Standing Orders.

The petitioner, Sachin Charlus Mirpagar, was employed as a Junior Assistant with the Maharashtra State Road Transport Corporation (MSRTC). In 2006, he...

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High Court of Karnataka Quashes Rejection of Compassionate Appointment Claim for Widow of Deceased Employee — Holds That Compassionate Appointment Is Not a Matter of Right but Must Be Considered in Accordance with Existing Scheme and Rules

The petitioner, Saroja W/o Ganeshrao N. Kondai, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court's Reinstatement Order in Limitation Dispute. Employee's Dismissal for Illegal Strike Set Aside as Approach Notice Held Within Limitation Under Section 79 of Bombay Industrial Relations Act, 1946.

The petitioner, The Morarjee Gokuldas Spg. & Wvg. Co. Ltd., challenged the judgment and order of the Labour Court in Application (BIR) 1032 of 1984, c...

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Bombay High Court Allows Petitions Challenging Labour Court Orders Under Section 33C(2) Industrial Disputes Act. Employer-Employee Relationship Must Be Established Before Invoking Section 33C(2) and Cannot Be Decided as Incidental Issue.

The judgment involves two writ petitions challenging orders of the Labour Court under Section 33C(2) of the Industrial Disputes Act, 1947. The petitio...

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Bombay High Court Allows Writ Petition Challenging Acceptance of Resignation by Air India. Resignation by employee was not voluntary but under duress due to trade union pressure, and employer failed to follow proper procedure under service rules.

The petitioner, Rakesh Rai, was an employee of M/s National Aviation Company of India (Air India), a government company and 'State' under Article 12 o...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court Order Granting Wage Difference to Employee Under Section 33C(2) of Industrial Disputes Act. Employer's Failure to Lead Evidence Results in Adverse Inference.

The petitioner, the Dairy Manager of Government Milk Scheme, Gondia, challenged the orders passed by the Labour Court, Bhandara, in proceedings under ...

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Bombay High Court Allows Appeal in Motor Accident Claim — Sets Aside Ex-Parte Decree Due to Invalid Service of Summons. Service by affixture without prior attempt at personal service held invalid under Order V Rule 17 CPC, and ex-parte decree set aside under Order IX Rule 13 CPC.

The appellant, M/s Arjun Travels, a sole proprietorship concern, was the owner of a vehicle involved in a motor accident. The respondents, being the l...

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Bombay High Court Dismisses Writ Petitions Challenging Termination of Employees of National Textile Corporation Ltd. — Petitioners Not Employees of NTC Ltd. as They Were Appointed by Contractors and No Employer-Employee Relationship Established.

The judgment concerns two writ petitions filed by Shilpa S. Chandankar and Priyanka Pradeep Chavan against the National Textile Corporation Ltd. (NTC ...