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Gujarat High Court Quashes Recovery Order Against Employee in Voluntary Retirement Dispute — Employer Cannot Recover Excess Payment Without Opportunity of Hearing. Voluntary Retirement Application Deemed Accepted Under Rule 48 of CCS (Pension) Rules, 1972 When Not Rejected Within Notice Period.

The petitioner, Arjun Gorabhai Rathod, was an employee of the State of Gujarat. He applied for voluntary retirement on 19.10.2019 with a notice period...

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High Court of Karnataka Directs Examination Board to Consider Promotion of Disabled Student Based on Preparatory Exam Marks. Student with Osteogenesis Imperfecta and 75% Disability Seeks Exemption from Final SSLC Examination.

The petitioner, Master Bharath S., a minor student aged 16 years, represented by his father, was studying in Standard X at Bharat Vidyaniketan School,...

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Bombay High Court Dismisses Petition Challenging Tender Award by MHADA — No Violation of Natural Justice Found. Bidder's Challenge to Summary Rejection of Technical Bid Fails as Evaluation Was Based on Tender Conditions and No Prejudice Was Caused.

The petitioners, ACC India Private Limited and others, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Cou...

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Bombay High Court Dismisses Petition of Sanitation Worker Challenging Industrial Court Order in Unfair Labour Practice Case. Model Standing Orders under Industrial Employment (Standing Orders) Act, 1946 held inapplicable to municipal hospital as it is not an industrial establishment.

The petitioner, a sanitation worker at Talera Hospital, Chinchwad, filed a complaint under Items 5, 6 and 9 of Schedule IV of the Maharashtra Recognit...

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Bombay High Court Allows Writ Petition of Personal Secretaries for Pay Refixation by Merging Special Pay into Basic Pay. The court held that special pay granted for higher responsibilities must be merged upon promotion to a higher post, quashing the state's order denying the benefit.

The petitioners, an association of Personal Assistants, Private Secretaries, and Senior Private Secretaries of the Bombay High Court, along with an in...

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Bombay High Court Dismisses Petition Challenging Order Under Section 26 of Domestic Violence Act in Divorce Proceedings. Application Under Section 26 of DV Act Held Maintainable in Civil Suit for Divorce, and Appeal Under Section 29 Lies to Sessions Court Against Order of Civil Court.

The petitioner, Shri Narayan Babi Salgaonkar, a police constable, filed a Criminal Writ Petition before the Bombay High Court at Goa challenging an or...

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Bombay High Court Dismisses Petition to Remove Arbitrator in Arbitration Dispute. Relationship Between Arbitrator and Law Firm Representing Party Does Not Automatically Disqualify Under Section 12(5) of Arbitration Act.

The petitioner, Sheetal Maruti Kurundwade, filed a petition under Section 9 and Sections 12(3) and 12(5) of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Allows Back Wages to Employee Acquitted in Corruption Case — Denial Must Be Reasoned. Reinstatement After Acquittal Does Not Automatically Entitle Back Wages; Employer Must Consider Nature of Acquittal and Conduct Under Articles 14 and 16 of Constitution.

The petitioner, Ramchandra Bapusaheb Desai, was employed as a Junior Engineer with the Maharashtra State Electricity Distribution Company Limited (res...