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Supreme Court Dismisses Corporate Debtor's Appeal Against NCLT Order Admitting Insolvency Application Under Insolvency and Bankruptcy Code, 2016. Maharashtra Act Moratorium Does Not Bar Insolvency Proceedings as Section 238 of the Code Overrides Inconsistent State Laws.

The appeal arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The corporate debtor, a multi-product compan...

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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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Supreme Court Allows Workman's Appeal in Industrial Dispute — Scope of Enquiry Under Section 33(2)(b) of Industrial Disputes Act, 1947 Clarified. Labour Court's Order Rejecting Approval for Dismissal Restored as It Did Not Exceed Its Limited Jurisdiction.

The appeal arose from a dispute between John D'Souza, a workman, and the Karnataka State Road Transport Corporation (KSRTC). The workman joined as a b...

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Bombay High Court Upholds Single Judge's Order Allowing Employer to Conduct Fresh Enquiry or Reinstate Employee with Partial Back Wages. The court balanced employer's right to discipline with employee's right to livelihood under Industrial Disputes Act, 1947.

The case involves two Letters Patent Appeals arising from a common judgment of a learned Single Judge in Writ Petition No. 906/2001. The appellant in ...

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Bombay High Court Allows Appeal in Workmen's Compensation Case for Driver with Fracture Injuries. Commissioner's Assessment of Monthly Wages and Disablement Found Erroneous Due to Lack of Rebuttal Evidence.

The appeal was filed by the original claimant against the judgment and order of the Labour Court, Ahmednagar (Commissioner under the Workmen's Compens...

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Bombay High Court Allows Appeal Against Deduction from Gratuity for Cooperative Loan Repayment. Employer Cannot Deduct Gratuity for Loan to Cooperative Society Unless It Is a Government Due Under Rule 132 read with Rule 134 of Maharashtra Civil Service (Pension) Rules, 1982.

The appellant, Ashfaq Husain, was a Section Officer with Zilla Parishad, Washim. Upon his retirement, the respondents (Chief Executive Officer, Block ...

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Bombay High Court Dismisses Petition Challenging EPF Attachment Over SFC Sale Property. Section 11(2) of EPF Act, 1952 creates overriding first charge on assets, enforceable against purchaser in SFC sale, not limited to insolvency or winding up.

The petitioner, M/s. Indus Agro Products, was a purchaser in a sale conducted by the State Financial Corporation under the State Financial Corporation...