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Bombay High Court Upholds Termination of Driver in Sexual Assault Case — Departmental Enquiry Valid Despite Acquittal in Criminal Trial. Acquittal in criminal case does not automatically entitle reinstatement as standard of proof differs in departmental proceedings.

The petitioner, Ramesh Baburao Firode, was employed as a driver in the District Court at Shrirampur, Ahmednagar. On 28.11.2011, a complaint was lodged...

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Bombay High Court Quashes Premature Retirement Order Against Employee in National Textile Corporation — Violation of Natural Justice and Lack of Application of Mind. Order Set Aside as Corporation Failed to Consider Employee's Representation and Did Not Follow Its Own Premature Retirement Scheme.

The petitioner, Vasant Lalchand Shah, joined the National Textile Corporation (NTC) in December 1978 as a Weaving Master. He had prior experience of o...

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Bombay High Court Dismisses Petitions of Lecturers Challenging Termination by Unaided Private Engineering College. Termination of Probationers for Unsatisfactory Performance Does Not Amount to Retrenchment Under Industrial Disputes Act, 1947, and Is Not an Unfair Labour Practice Under MRTU & PULP Act, 1971.

The judgment concerns three writ petitions filed by lecturers (Sudhakar Shivaram Teke, Prof. S. S. Rayamane, and Udaykumar Govindrao Gurlhosur) agains...

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High Court of Bombay Hears Builders' Challenge to Provident Fund Coverage of Casual Construction Workers. Para 26(2) Amendment to Provident Fund Scheme Removes Waiting Period, Requiring Membership from Date of Joining.

Three writ petitions were filed by builders—Sandeep Dwellers Pvt. Ltd., M/s. R.B. Constructions, and Builders Association of India with its members�...

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Supreme Court Allows State of Gujarat's Appeal in Service Tax Summons Case — Respondents Directed to Cooperate with Investigation Under Section 145 of Central Excise Act, 1944. Summons for Interrogation in Service Tax Inquiry Held Valid and Enforceable.

The State of Gujarat appealed against an order of the High Court that had quashed a summons issued to the respondents under Section 145 of the Central...

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Bombay High Court Dismisses Appeal of Educational Institution Challenging Provident Fund Applicability. Establishment Not Exempt Under Section 16(1)(a) or (b) of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 as It Uses Power and Employs More Than 20 Persons.

The appellant, M/s. Aniket College of Social Work, is a society registered under the Societies Registration Act, 1860 and the Maharashtra Public Trust...

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Supreme Court Allows Appeal Against Dismissal of Complaint on Technical Ground — Remands for Merits Consideration. State Bar Council's Failure to Dispose Complaint Within One Year Leads to Transfer; Bar Council of India Must Not Dismiss on Technicalities.

The appellant, K. Anjinappa, filed a complaint against his advocate for professional misconduct before the Bar Council of State of Andhra Pradesh unde...

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Bombay High Court Reserves Judgment in Letters Patent Appeal Filed by Terminated Employees Against Single Judge's Order. Model Standing Orders Dispute: Whether Rule 32 Excludes Clause 4A Protection for Probationers Who Were Initially Trainees.

This Letters Patent Appeal arose from the dismissal of a writ petition by a Single Judge of the Bombay High Court, which had upheld the termination of...