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Supreme Court Dismisses Respondent's Claim of Reduction in Rank, Holds Mere Reversion from Officiating Post Not Violative of Article 311(2) of the Constitution of India. The Court distinguished Vaikunthe's case, finding that reversion without permanent bar to promotion does not attract Article 311(2).

The case arose from the Southern Railway where the respondent, S. Raghavendrachar, was originally employed as a Train Examiner in the pay scale of Rs....

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Supreme Court Allows Employer's Appeal in Gratuity Dispute — Trust Deed and Scheme Capped Gratuity at Statutory Limit Under Payment of Gratuity Act, 1972. Employer's Gratuity Scheme Did Not Abandon Statutory Ceiling; Employee Entitled Only to Statutory Maximum.

The appeal arose from a dispute between BCH Electric Limited (appellant-employer) and Pradeep Mehra (respondent-employee) regarding the quantum of gra...

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Bombay High Court Allows Compassionate Appointment to Unmarried Daughter Despite Marriage After Death of Employee — Widow's Application for Daughter's Appointment Maintainable Under GR Dated 20.05.2002

The petitioners, the widow and unmarried daughter of deceased government employee Mohan Kulkarni, filed a writ petition seeking compassionate appointm...

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Bombay High Court Dismisses Petition Challenging Industrial Court Order in Unfair Labour Practice Complaint. Petitioner failed to establish employer-employee relationship with respondent company as he was engaged through a contractor.

The petitioner, M.G. Bhide, filed a complaint before the Industrial Court at Pune under the Maharashtra Recognition of Trade Unions and Prevention of ...

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Bombay High Court Upholds Reinstatement of Casual Worker in BSNL Case — 50% Back Wages Upheld. Continuous Service of 371 Days Over 13 Months Constitutes Regular Employment Under Industrial Disputes Act, 1947.

The petitioner, Bharat Sanchar Nigam Limited (BSNL), challenged an award dated 12.11.2003 passed by the Central Government Industrial Tribunal No.1, M...

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Bombay High Court Dismisses Municipal Council's Challenge to Industrial Court's Order Granting Permanency to Daily Wage Workers. Regularization of daily wagers upheld as Industrial Court had jurisdiction to grant permanency under MRTU & PULP Act, 1971.

The Municipal Council of Osmanabad filed three writ petitions challenging identical judgments dated 11.1.1996 passed by the Industrial Court in Compla...

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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 ...

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Bombay High Court Dismisses Election Petition Challenging Acceptance of Nomination of Government Servant Candidate. Returning Officer's Decision to Accept Nomination Upheld as Petitioner Failed to Prove Candidate Was Disqualified Under Section 9 of Representation of the People Act, 1951.

The petitioner, Narayan Dinbaji Jambhule, filed an election petition under Section 81 of the Representation of the People Act, 1951, challenging the d...

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Bombay High Court Allows Petition by Bajaj Electricals Ltd, Upholds Closure of Diecasting Division as Genuine. Industrial Court's finding of functional integrality between diecasting and fan divisions reversed; closure held valid under Section 25O of Industrial Disputes Act, 1947.

The Petitioner, Bajaj Electricals Limited, had a factory at Chakan, Pune, comprising two divisions: a diecasting division and a fan division. The diec...