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Bombay High Court Allows Widow's Petition Quashing Recovery from Gratuity in Pay Fixation Error Case. Recovery of Excess Payment Made to Deceased Government Employee Without Notice Violates Natural Justice and Cannot Be Deducted from Death Gratuity.

The petitioner, Jayshri w/o Sanjay Chandode, is the widow of Sanjay Bhagirath Chandode, a government employee who worked as a peon in the office of Re...

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High Court Allows Compensation Appeal Under Employees' Compensation Act -- Temporary Driver Hiring Establishes Employer-Employee Relationship -- Labour Commissioner's Order Reversed

The High Court allowed an appeal challenging the Labour Commissioner's rejection of a compensation claim under the Employees' Compensation Act, 1923. ...

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High Court of Karnataka Allows Appeal in Workmen's Compensation Case — Enhances Compensation for Death of Employee Due to Lack of Safety Measures. Employer and Principal Employer Held Jointly and Severally Liable Under Section 3 of Workmen's Compensation Act, 1923.

The appeal was filed by the claimants, the legal representatives of the deceased Chinnaswamy, who died due to electrocution on 14.08.2013 while workin...

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Bombay High Court Dismisses Petition Challenging Correction of Date of Birth by Employer at Fag End of Service. Employer's Right to Correct Date of Birth Not Subject to Five-Year Limitation; Preponderance of Evidence Supported Correct Date as 14/07/1946.

The petitioner, Mayaram Sahajram Sadhwani, was appointed as Octroi Inspector with the Municipal Council, Karanja (Lad), District Washim. His date of b...

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Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

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Bombay High Court Dismisses Petition Challenging Injunction in Non-Compete Clause Dispute. Temporary Injunction Granted to Restrain Former Employee from Competing with Employer for Three Years Based on Contractual Non-Compete Agreement.

The petitioner, Tapas Kanti Mandal, was employed by Cosmo Films Ltd. as a manager in its Research and Development Department from May 2003. He resigne...

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Bombay High Court Dismisses Employer's Challenge to Gratuity Award for Non-Seasonal Employees in Ginning Factory. Employees working as Wireman and Press Driver held entitled to gratuity at fifteen days' wages per year under Section 4(2) of Payment of Gratuity Act, 1972, not seven days per season.

The case involves two writ petitions filed by Madhaodas Jankidas Mohta Ginning and Pressing Factory (the employer) challenging orders of the Controlli...

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Bombay High Court Dismisses Petition by Principal Employer Challenging Gratuity Liability for Contractor's Employees. Principal Employer Held Liable Under Section 7 of Payment of Gratuity Act, 1972 for Gratuity of Contractor's Workmen When Contractor Fails to Pay.

The petitioner, Cummins (I) Limited, an engineering company, challenged a common order dated 30 May 2003 passed by the Controlling Authority under the...