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Bombay High Court Considers Section 34 Petition to Set Aside Arbitral Award for Jurisdictional Excess and Violation of Natural Justice. Petitioner Alleges Arbitrator Entertained Claims Beyond Scope of Reference and Relied on Unproved Certificates, Rendering Award Patently Illegal.

The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 arose from a construction dispute between Country Club (India) Ltd...

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Bombay High Court Quashes Recovery Warrant Against Education Officer in Execution Proceedings — State Officer Not Personally Liable for Decree Dues. Executing Court Cannot Direct Arrest or Recovery Against Government Officer Without Finding of Wilful Default Under Order 21 Rule 32 CPC.

The case arises from execution proceedings of a decree passed by the School Tribunal, Pune, in Appeal No. 104 of 1998, directing the reinstatement of ...

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Supreme Court Upholds High Court's Modification of Reinstatement Award in Industrial Dispute - Employee's Status as Workman Confirmed. Compensation of Rs.75,000 in lieu of reinstatement and back wages held just and proper due to long lapse of time and acceptance of notice pay.

The case involves two cross-appeals arising from an industrial dispute between Lenin Kumar Ray (employee) and M/s. Express Publications (Madurai) Ltd....

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Bombay High Court Allows Writ Petition of Probationary Police Sub-Inspectors Challenging Stigmatic Termination Without Inquiry. Termination orders set aside as violative of Article 311(2) and Maharashtra Police (Probation) Rules, 1960, with direction for reinstatement.

The petitioners, 21 individuals, were appointed as Police Sub-Inspectors in the Maharashtra Police Force on a probationary basis. During their probati...

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Bombay High Court Allows Municipal Corporation's Petition Against Industrial Court Order Directing Deposit of Pension — Pension Not Awarded in Earlier Labour Court Order, Recovery Application Cannot Expand Scope

The Kolhapur Municipal Corporation challenged an order of the Industrial Court directing it to deposit pension payable to the respondent from the date...

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High Court of Bombay Upholds Labour Court Award in Favor of Workman in MSRTC Dismissal Case — 25% Back Wages Granted for Procedural Violation. Dismissal Quashed as Enquiry Officer Was Not Appointed by Competent Authority Under Section 6(6) of Industrial Disputes Act, 1947.

The petitioner, the Divisional Controller of Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment and award dated 4.8.2018 of...

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Bombay High Court Upholds Gratuity Entitlement for Daily Wager Absorbed as Clerk — Continuous Service Counted from Initial Appointment. Municipal Council's contention that daily wage period cannot be counted for gratuity rejected under Section 4 of Payment of Gratuity Act, 1972.

The Municipal Council, Achalpur, filed a writ petition challenging two concurrent judgments: the order dated 26.06.2015 of the Controlling Authority u...

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Bombay High Court Allows Safai Kamacharis' Petition Against Arbitrary Termination by Municipal Corporation. Contractual Termination Set Aside for Violation of Natural Justice and Right to Livelihood Under Article 21.

The petitioners, nineteen individuals, were working as safai kamacharis (sanitation workers) on a contract basis with the Pimpri Chinchwad Municipal C...