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Madras High Court Considers Whether Rule 20(a)(iii) of Tamil Nadu Ministerial Service Rules Applies to Intra-Departmental Transfers. Petitioner Challenged Seniority Fixation Based on Condition to Forego Seniority Upon Transfer from Vellore to Tirunelveli Division.

The petitioner, a direct recruit Assistant in the Commercial Taxes Department through Tamil Nadu Public Service Commission, was allotted to Vellore Di...

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Gujarat High Court Allows Appeal of Claimants in Motor Accident Case — Negligence of Scooter Driver Cannot Be Attributed to Pillion Rider. Compensation Enhanced from Rs.2,51,325 to Rs.9,26,800 for Death of 28-Year-Old Mason in Bus Collision Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the deceased, Bhikhaji Thakor, was a pillion rider on a scooter that was hit by a Gujarat State Road...

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Karnataka High Court Allows Appeal in Labor Dispute Over Earned Leave Encashment. Earned Leave Held Not a Consequential Benefit Upon Reinstatement Unless Earned by Actual Work, Following Precedent that Leave Must Be Earned by Active Service.

The dispute arose from the illegal termination of the respondent employee by the appellant bank. The employee was removed from service, and the matter...

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Supreme Court Dismisses Appeal by Insurance Company, Holds Mediclaim Amount Not Deductible from Motor Accident Compensation. Contractual Insurance Benefit Is Independent of Statutory Compensation Under Motor Vehicles Act, 1988, and Cannot Be Deducted to Avoid Double Recovery.

The Supreme Court in this appeal considered the question whether amounts received by a claimant under a Mediclaim policy are deductible from the compe...

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Bombay High Court Allows Appeal in Motor Accident Claim, Sets Aside Contributory Negligence Finding. Deceased motorcyclist hit by tempo from behind; court holds tempo driver solely negligent, enhances compensation to Rs.2,58,44,336/- with 9% interest.

The appellants, legal representatives of the deceased Anil Yadav, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging ...

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Bombay High Court Quashes Industrial Court Order Directing Employer to Bear Advocate Costs for Workmen in Domestic Enquiry — MRTU & PULP Act, 1971 — Held that Industrial Court exceeded jurisdiction by imposing financial burden on employer without legal basis.

The petitioners, M/s. Esdee Paints Ltd. and its directors, challenged an order dated 16.08.2016 passed by the Industrial Court, Thane, in Revision App...

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Bombay High Court Allows Employer's Petition in MRTU & PULP Act Case — Industrial Court Exceeded Jurisdiction by Directing Employer to Pay for Workmen's Defence Advocate. No Statutory Obligation on Employer to Bear Cost of Advocate for Workmen in Domestic Enquiry Under MRTU & PULP Act, 1971.

The petitioners, M/s. Esdee Paints Ltd. and its directors, challenged an order dated 16.08.2016 passed by the Learned Member of the Industrial Court, ...

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Bombay High Court Allows Municipal Corporation's Petition to Dismiss Corrupt Employee Despite Minor Wage Deduction. Serious misconduct of diverting octroi refund and receiving illegal gratification outweighs technical non-compliance under Section 33(2)(b) of Industrial Disputes Act, 1947.

The Petitioner, Municipal Corporation of Greater Mumbai, challenged the judgment and order dated 7 May 2010 passed by the Industrial Tribunal, Mumbai,...