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Bombay High Court Allows Employer's Petition in Gratuity Dispute — Holds That Dismissal for Disorderly Behaviour Under Model Standing Orders 22(a) and 22(l) Constitutes 'Disorderly Conduct' Under Section 4(6)(b)(i) of Payment of Gratuity Act, 1972, Disentitling Employee to Gratuity.

The petitioner, Jaya Hind Industries Ltd., employed the respondent, Vilas Vithalrao Takale, as a Clerk. Two charge sheets were issued to the responden...

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Bombay High Court Dismisses Petition Challenging Mining Lease Recommendation Under Section 11(3) of Mines and Minerals Act. The Court upheld the Minister's recommendation for grant of mining lease to respondent no.3, finding no violation of natural justice or procedural irregularity.

The petitioner, M/s Veet Rag Homes Private Limited, challenged the order dated 25.4.2008 of the Minister (Industries & Mining) recommending grant of m...

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Bombay High Court Dismisses BEST Undertaking's Petition Challenging Industrial Court Order in Suspension Case. Suspension of Deputy Charge Engineer Held Invalid as Standing Orders Not Applicable, But Unfair Labour Practice Found Due to Non-Compliance with Procedure.

The Brihanmumbai Municipal Corporation (BEST Undertaking) challenged an order of the Industrial Court which had allowed the complaint of unfair labour...

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Bombay High Court Allows Refund of ESI Contributions Paid Under Mistake of Law — Employer Entitled to Restitution Under Section 72 of Indian Contract Act. Mistake of Law Does Not Bar Claim for Refund Under Section 75 of ESI Act, 1948.

The petitioners, M/s. Indian Hotels Co. Limited (owner of Taj Mahal Hotel and Taj Intercontinental) and its shareholder, filed a writ petition seeking...

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Bombay High Court Dismisses Writ Petitions Challenging Eviction Order in Caretaker Agreement Dispute. Licensee Not Entitled to Tenancy Protection Under Section 15A of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 as Agreement Was Not Bona Fide.

The case involves a dispute over Flat No.5, Sagar Mahal, Walkeshwar Road, Mumbai. The respondent, Dr. G.S. Shah, a medical doctor employed with Centra...

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Bombay High Court Dismisses Employer's Petition Challenging Industrial Court Order on Minimum Wages. Establishment Classified as Engineering Industry Under Minimum Wages Act, 1948, Entitling Workers to Minimum Wages and Attendance-cum-Wage Cards.

The case involves a writ petition filed by M/s Asia Foundation & Construction Limited challenging an order of the Industrial Court, Nagpur, dated 12/1...

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Bombay High Court Dismisses Appeal of Maharashtra State Handlooms Corporation Against ESI Coverage for Akola Sale Depot. Sale Depot Held to Be a 'Shop' Under Employees' State Insurance Act, 1948, Requiring Payment of ESI Contributions.

The appellant, Maharashtra State Handlooms Corporation Limited, challenged the judgment and order dated 18.01.2010 passed by the Industrial Court, Ako...