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Gujarat High Court Dismisses ESI Corporation's Appeal in Work Injury Disability Assessment. Medical Appeal Tribunal's 10% Functional Disability Finding Upheld as Factual Determination Not Open to Interference Under Section 82 of ESI Act.

The Regional Director of the Employees' State Insurance Corporation (appellant) filed a First Appeal under Section 82 of the Employees' State Insuranc...

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Bombay High Court Upholds Dismissal of Bus Conductor in MSRTC Misappropriation Case. Labour Court's refusal to interfere with punishment of dismissal for collecting Rs.14/- but issuing Rs.5/- ticket and having cash excess of Rs.11/- is confirmed as not perverse.

The petitioner, Rohidas Premchand Bhagat, was employed as a bus conductor with the Maharashtra State Road Transport Corporation (MSRTC) since 1 Novemb...

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Bombay High Court Dismisses Employer's Challenge to Gratuity Award in Public Trust Case. Payment of Gratuity Act, 1972 applies to public trusts registered under Bombay Public Trust Act, and establishment coverage depends on employing more than ten employees.

The petitioner, Amravati Nagar Vachanalaya, a public trust registered under the Bombay Public Trust Act, challenged the order of the Additional Commis...

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Supreme Court Allows Bank's Appeal, Upholds Liquidated Damages Clause in Employment Contract. Clause requiring employee to pay Rs. 2 lakhs for resigning before three years held valid under Section 27 of Indian Contract Act, 1872, and not opposed to public policy.

The Supreme Court allowed the appeals filed by Vijaya Bank and another against the judgment of the High Court of Karnataka which had quashed clause 11...

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High Court of Karnataka Dismisses Insurance Company's Challenge to Execution Proceedings Under Employees Compensation Act — Section 31 of the Act Provides Exclusive Mode of Recovery, Not Barring Application of CPC Order 21 for Execution of Award.

The petitioner, an insurance company, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the execution proceedi...

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Bombay High Court Allows Writ Petition of Hospital Work Assistant Challenging Termination for Suppression of Criminal Case. Employer's Failure to Consider Acquittal and Trivial Nature of Offence Renders Termination Disproportionate.

The petitioner, Swapnil Prakash Parab, applied for the post of Hospital Work Assistant with Bhabha Atomic Research Centre (BARC) in 2016. He filled an...

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Bombay High Court Declares Plaintiff Owner of Copyright in Drawings Developed Under Contract for Valuable Consideration. Payment of Rs.2,87,500/- for Development of Drug Powder Inhaler Transfers Copyright Ownership Under Section 17 of Copyright Act, 1957.

The plaintiff, Macleods Pharmaceuticals Limited, a pharmaceutical company, sought to develop a Drug Powder Inhaler (DPI) device for asthma medications...

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Bombay High Court Allows Appeal in Motor Accident Claim — Negligence of Driver Proved by Oral and Documentary Evidence. Tribunal Erred in Dismissing Claim on Ground of Lack of Negligence Despite Clear Evidence of Rash Driving and Criminal Conviction.

The appellant, Santosh Chandrakant Potdar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a...