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Bombay High Court Dismisses Petitions Challenging Reduction of Superannuation Age from 60 to 58 for Employees of Government Mining Corporation. State as Sole Shareholder Can Amend Service Rules Unilaterally Without Employee Consent.

The petitioners, employees of Maharashtra State Mining Corporation Ltd. (a Government company), challenged the State Government's decision to reduce t...

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Bombay High Court Quashes Dismissal of Teacher Due to Procedural Lapses in Departmental Enquiry under MEPS Act. Non-payment of subsistence allowance and failure to follow statutory enquiry procedure vitiated the termination, violating principles of natural justice under MEPS Rules, 1981.

The matter concerned a challenge by a secondary school teacher to his termination by the management of a private school. The teacher was appointed on ...

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Supreme Court Upholds Corporation in Dismissal Case, Denying Reinstatement Despite Procedural Lapse. Employee Held Entitled Only to Damages as Contract of Personal Service Cannot Be Specifically Enforced; Breach of Regulation Did Not Violate Mandatory Statutory Obligation.

The case involved a dispute between an employee and his employer, a statutory corporation, regarding the employee's dismissal from service. The employ...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Backwages for Workman in Private Unaided School Dispute. School's Challenge Dismissed as Termination Found Illegal for Non-Compliance with Section 25-F of Industrial Disputes Act, 1947.

The Petitioner, M/s. Navy Children School Secondary, a private unaided school established from the Welfare Fund of Defence Personnel, challenged the A...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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High Court of Bombay Adjudicates Section 34 Petition Against Arbitral Award in Commercial Dispute. Termination of Services Agreement by State Assembly Secretariat Held Illegal by Arbitrator; Court's Decision on Frustration and Party Distinctness Not Available in Provided Excerpt.

Background: The dispute arose from an agreement dated 5 December 2015 between the Uttar Pradesh Legislative Assembly (UPLA) Secretariat and Tata Consu...

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Bombay High Court Allows Appeal in Workmen Compensation Case — Employer Not Liable for Accident on Public Road. Commissioner's finding of employer-employee relationship and negligence set aside as accident occurred outside course of employment under Section 3 of Workmen's Compensation Act, 1923.

The appeal arises from a judgment of the Commissioner, Workmen's Compensation, Beed, awarding compensation to the respondents (claimants) for the deat...

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High Court of Gujarat Dismisses Employer's Appeal in Workmen's Compensation Case — Employer-Employee Relationship Established Despite Claim of No Direct Employment. Commissioner's Award of Rs.5,65,065 with 12% Interest and 50% Penalty Upheld Under Workmen's Compensation Act, 1923.

The present appeal was filed under Section 30 of the Workmen's Compensation Act, 1923, by the appellant, who was the employer before the learned Workm...

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Bombay High Court Dismisses Part-Time Teacher's Pension Claim in Night Junior College Case. Teacher's 29 years of part-time service in a night junior college does not qualify as full-time service under MEPS Rules for pension eligibility.

The petitioner, Mrs. Rajani Rajan Dixit, a retired teacher, filed a writ petition under Article 226 of the Constitution of India seeking a direction t...