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Madras High Court Allows State's Appeal, Reverses Counting of 50% Part-Time Service as Full Regular Service for Pension. Rule 11 of Tamil Nadu Pension Rules, 1978 Only Provides for Counting 50% of Temporary Service and Cannot be Expanded Beyond Its Stipulations.

The State of Tamil Nadu preferred an intra-court appeal under Clause 15 of the Letters Patent against the order of a single Judge in WP No. 6480 of 20...

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Madras High Court Dismisses State’s Appeal on Counting Part-Time Service for Pension Under Rule 11 of Tamil Nadu Pension Rules, 1978. The Court Relied on a Common Judgment Holding that Rule 11’s Welfare Provision for Temporary Service Cannot Be Extended to Part-Time Panchayat Clerks.

Background: The present intra-court appeal under Clause 15 of the Letters Patent was filed by the State of Tamil Nadu, represented by the Principal Se...

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High Court of Karnataka Hears Regular First Appeals in Specific Performance and Permanent Injunction. Trial Court Dismissed Specific Performance Suit and Decreed Injunction; Plaintiff's Claim of Agreement to Sell and Possession Not Accepted, Subsequent Purchaser's Possession Protected.

The Regular First Appeals arose from a common judgment dated 13.09.2005 by the I Additional City Civil and Sessions Judge, Bengaluru, in two suits: O....

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High Court of Karnataka Dismisses Intra-Court Appeal Against Look-Out Circulars Issued by Banks Due to Default of Rs.2800 Crores. Court Holds that Petitioner’s Concession to Banks’ Power and Pending Suits Justify Travel Restriction Under Office Memoranda.

The intra-court appeal arose from the dismissal of a writ petition that challenged two Look Out Circulars issued by Bank of Baroda and Punjab National...

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Bombay High Court Dismisses Writ Petition by Labour Union Challenging Industrial Tribunal Award. Reinstatement Without Back Wages Upheld for One Workman, Denied for Others Due to Lack of Evidence of Continuous Service Under Industrial Disputes Act, 1947.

The Petitioner, Pune Labour Union, filed a writ petition challenging the award of the Industrial Tribunal, Pune, dated 21 August 1999, which partly al...

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Bombay High Court Dismisses Petition by School Management Challenging Reinstatement of Teacher. Termination of a teacher during probation without prior approval under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and without inquiry is illegal.

The petitioner, Pen Shikshan Mahila Samiti, a school management, challenged the judgment and order dated 9.7.1990 passed by the School Tribunal, Pune,...

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Bombay High Court Upholds Compensation in Lieu of Reinstatement for Unfair Termination of Temporary Employee. Termination of a peon appointed on compassionate basis held invalid, but compensation of Rs.25,000 deemed adequate given short service and nature of appointment.

The petitioner, Sandip Pandurang Nannaware, was appointed as a peon on 01/01/2002 in place of his father at Shrigonda Krishi Utpana Bazar Samiti. His ...

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High Court Dismisses Zilla Parishad's Challenge to Industrial Court Order Granting CRTE Benefits to Daily Wagers. Kalelkar Settlement and Bhole Commission Recommendations Applied to Regularize Temporary Employees After Five Years of Service.

The judgment concerns two writ petitions filed by the Zilla Parishad, Aurangabad, and an individual employee, Gangadhar Kadam, against an order of the...

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Bombay High Court Allows Appeal in Workmen's Compensation Case — Enhances Compensation for Loss of Eye Sight. Commissioner's assessment of disability and income modified based on evidence of 100% loss of vision in one eye and employer's admission of salary.

The appellant, Shaikh Salim Ramzan, was employed as a driver by respondent no. 1, Ashok Beniram Kothawade, on a Maruti Van bearing registration No. MH...