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Bombay High Court Dismisses Petition Challenging Industrial Court's Order Setting Aside Reinstatement and Backwages Due to Limitation Under Section 42(4) of Bombay Industrial Relations Act, 1946. Approach Notice Filed Beyond Stipulated Period Without Sufficient Cause, Hence Labour Court's Order Set Aside.

The petitioner, Pedru Mozes Fernandes, was a permanent workman employed as a boiler serviceman at Tata Mills from 1st March 1973. He worked continuous...

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Bombay High Court Quashes Dismissal of Teacher Due to Procedural Lapses in Departmental Enquiry under MEPS Act. Non-payment of subsistence allowance and failure to follow statutory enquiry procedure vitiated the termination, violating principles of natural justice under MEPS Rules, 1981.

The matter concerned a challenge by a secondary school teacher to his termination by the management of a private school. The teacher was appointed on ...

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Bombay High Court Allows Petition Challenging Striking Out of Defence in Suit for Specific Performance. Defence of Defendant No.2 Restored as Trial Court's Discretion to Strike Out Defence Under Order 39 Rule 2A CPC Requires Willful Disobedience of Injunction Order.

The Petitioner, Sanjay Thakkar, was Defendant No.2 in Special Civil Suit No.144 of 2016 filed by Respondent No.1, Bhojja Shantu Shetty, for enforcemen...

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Supreme Court Modifies Relief in Industrial Dispute from Reinstatement to Compensation. Termination Based on Security Report Did Not Justify Reinstatement; High Court Erred in Upholding Tribunal's Discretionary Order Without Interference.

The case arose out of a reference to the Industrial Tribunal concerning the termination of service of A. K. Roy, a skilled workman employed by Hindust...

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Gujarat High Court Upholds Reinstatement Without Back Wages for Daily Wage Workers in Industrial Dispute. Termination of Daily Wage Sweepers by Municipal Corporation Held Illegal Under Section 25F of Industrial Disputes Act, 1947, but Back Wages Denied for Lack of Proof of Unemployment.

The petitioners, four daily wage sweepers (Safai Kamdars), were initially employed by the erstwhile Joshipura Nagarpalika in 1999. Upon merger of the ...