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Bombay High Court Dismisses Appeals of Retired Employees Against Cooperative Bank's SARFAESI Recovery Proceedings. Employees Held Not to Be 'Borrowers' and Lack Locus Standi to Challenge Auction Sale Without Payment of Dues.

The judgment pertains to a batch of Letters Patent Appeals filed by retired employees of Shamrao Vithal Cooperative Bank Ltd. against the dismissal of...

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Supreme Court Allows Recovery of Excess Payments from In-Service Nursing Trainees Under Restitution Principle. Recovery Permitted as Payments Were Made Pursuant to Court Order Later Set Aside, Distinguishing Mistaken Payment Guidelines Under Rafiq Masih Case for Class III and IV Employees.

The dispute originated from in-service employees of the Rajasthan Medical & Health Subordinate Service, working as ANMs, Lab Technicians, and similar ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Driver's Invalid License. Pay and Recover Principle Applied as Insurer Must Compensate Third Party and Recover from Owner.

The case arises from a motor accident claim filed by the respondent no.1 (original applicant) before the Motor Accident Claims Tribunal (MACT), Pune. ...

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Bombay High Court Upholds Reinstatement and Back Wages for Employee Terminated Without Notice in Unfair Labour Practice Case. Employer's Failure to Prove Abandonment of Service and Non-Compliance with Section 25F of Industrial Disputes Act, 1947 Renders Termination Illegal.

The case involves a writ petition filed by Goodlass Nerolac Paints Limited under Article 226 of the Constitution of India challenging an award of the ...

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Bombay High Court Upholds CAT Order in Railway Promotion Dispute — Criteria for Assessment of Candidates for PHOD Post Held Arbitrary. The Court directed review DPC for notional promotion from date juniors were promoted with consequential benefits.

The Union of India and another (petitioners) challenged the judgment and order dated 23rd January 2001 of the Central Administrative Tribunal (CAT) in...

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Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance to Wife in Matrimonial Dispute. Voluntary Deductions Like Provident Fund and Employee Stock Purchase Plans Cannot Reduce Monthly Income for Maintenance Purposes Under Sections 24 and 26 of Hindu Marriage Act, 1955.

The dispute arose from a matrimonial discord between the appellant-wife and the respondent-husband, who were married on 09.12.2004 and had two sons bo...

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Bombay High Court Grants Lumpsum Compensation to Part-time Sweeper with 41 Years of Service in Lieu of Regularization and Retiral Benefits. Court held that in absence of absorption policy and due to abolition of posts, lumpsum compensation of Rs.7,50,000 is appropriate in lieu of all service benefits.

The petitioner, Parasram Ranganath Gaikwad, worked as a Part-time Sweeper in the Veterinary Hospital of Zilla Parishad, Ahmednagar, from 7 June 1983 u...

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Bombay High Court Allows Retired Employee's Challenge to Recovery of Excess Pension Paid Due to Mistaken Inclusion of Promotional Increment. Recovery of excess payment after six years of retirement held impermissible as per principles against recovery from retired employees.

The petitioner, Tarachand s/o Urkudaji Gajbhiye, a retired government employee, was aggrieved by an order dated 19.1.2016 issued by respondent No. 2, ...

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Bombay High Court Dismisses Petition of Assistant Teacher Challenging Oral Termination and Non-Payment of Back Wages. Petitioner failed to prove continuous service and compliance with preconditions for remand.

The petitioner, Vilas Jijabrao Chavan, was appointed as an Assistant Teacher on 08/07/1992 and given charge of Head Master in January 1993. His appoin...