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Bombay High Court Dismisses Writ Petitions Challenging Termination of Employees of National Textile Corporation Ltd. — Petitioners Not Employees of NTC Ltd. as They Were Appointed by Contractors and No Employer-Employee Relationship Established.

The judgment concerns two writ petitions filed by Shilpa S. Chandankar and Priyanka Pradeep Chavan against the National Textile Corporation Ltd. (NTC ...

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Bombay High Court Allows Retired Employees' Writ Petition for Pensionary Benefits Under Maharashtra Civil Services (Pension) Rules, 1982. Held that aided non-government educational institutions are bound to adopt government pension scheme for employees who retired after the cut-off date.

The petitioners, thirteen retired employees of Dr. Punjabrao Deshmukh Polytechnic, Amravati (respondent No.4), which is run by Shivaji Education Socie...

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Bombay High Court Quashes Recovery Order Against Retired Teacher for Not Passing MSCIT Exam in Time. Recovery from retirement benefits set aside as petitioner had given undertaking but recovery was held impermissible under principles of natural justice and proportionality.

The petitioner, Smt. Shaheen Fatima Mohsin Ahmed, was appointed as an Assistant Teacher on 1st January 1986 and superannuated on 31st January 2024. Sh...

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Bombay High Court Upholds Industrial Court Order Granting Additional Increments to Graduate Employees Promoted to Clerks in BEST Undertaking. The court held that BCR No.19 applies to all graduate clerks, including those promoted from lower categories, and denial amounts to unfair labour practice.

The case involves a challenge by the BEST Undertaking against an order of the Industrial Court, Mumbai, dated 20 March 2021, in Complaint (ULP) No. 49...

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Bombay High Court Allows Petition of Municipal Pensioners Association Against Differential Pension Revision. Classification of Pensioners Based on Retirement Date Held Arbitrary Under Article 14.

The petitioner, Mumbai Municipal Pensioners Association, representing pensioners who retired from the Municipal Corporation of Greater Mumbai (MCGM) p...

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Bombay High Court Quashes Recovery of Salary from Retired Head Teacher Due to Delay and Lack of Misrepresentation. Recovery of overpayment made to a retired employee after a lapse of 4 years 11 months from retirement is unsustainable in law.

The petitioner, Donald Daniel Ferreira, was initially appointed as a Teacher in respondent no.9 school on 1 August 1990 and later appointed as Head Te...

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Bombay High Court Quashes Recovery of Excess Transport Allowance from Court Employees — Recovery of Amounts Paid Without Misrepresentation by Employees Held Unjust

The petitioners, the High Court Gazetted Officers Association and its General Secretary, filed a writ petition challenging a letter dated 14.08.2007 i...

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Bombay High Court Allows Reference in Income Tax Case — Remands to Tribunal for Fresh Determination on Cessation of Liability Under Section 41(1) of Income Tax Act, 1961. Disputed Liability for Forest Produce Price Not Ceased Merely Because Assessee Did Not Pay Pending Adjudication.

The case involves an income tax reference by the Income Tax Appellate Tribunal to the Bombay High Court regarding the applicability of Section 41(1) o...