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Supreme Court Allows Employer's Appeal in Gratuity Dispute — Trust Deed and Scheme Capped Gratuity at Statutory Limit Under Payment of Gratuity Act, 1972. Employer's Gratuity Scheme Did Not Abandon Statutory Ceiling; Employee Entitled Only to Statutory Maximum.

The appeal arose from a dispute between BCH Electric Limited (appellant-employer) and Pradeep Mehra (respondent-employee) regarding the quantum of gra...

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High Court Allows Employer's Petition to Deduct Gratuity for Misconduct Causing Pecuniary Loss Under Section 4(6)(a) of Payment of Gratuity Act, 1972. Disciplinary Order Not Challenged by Employee Attained Finality, Controlling Authority Cannot Set It Aside.

The petitioner, Western Coalfields Ltd., challenged the order of the Controlling Authority under the Payment of Gratuity Act, 1972, which set aside th...

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High Court Dismisses Bank's Petition Challenging Interest on Delayed Gratuity Payment Under Section 7(3A) of Payment of Gratuity Act, 1972. Service Regulations Cannot Override Statutory Mandate for Interest on Delayed Gratuity.

The case involves a writ petition filed by Allahabad Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Under...

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Bombay High Court Dismisses Employee's Petition Challenging Correction of Date of Birth in Service Records. Employer's reliance on original School Leaving Certificate over employee's subsequent claim upheld as proper exercise of administrative power.

The petitioner, Ashok Ramchandra Nirmal, was appointed as a Clerk with the respondent college on 23rd September 1986. At the time of appointment, he s...

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Bombay High Court Quashes Suspension of Eating House License for Violation of Natural Justice. Licensee Not Present During Alleged Obscene Acts; Suspension Without Notice and Hearing Set Aside Under Bombay Police Act, 1951.

The petitioner, Ramarai Rammilan Rai, was a co-licensee of an eating house known as 'Missile Restaurant and Bar' in Goregaon, Mumbai, holding a licens...

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Bombay High Court Dismisses Employer's Petition Challenging Gratuity Payment Order. Employer Cannot Withhold Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Without Termination of Service for Willful Omission or Negligence.

The Maharashtra State Road Transport Corporation (MSRTC) challenged the orders of the Controlling Authority and Appellate Authority under the Payment ...

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Bombay High Court Upholds Labour Court's Award of Compensation in Lieu of Reinstatement for Workman Involved in Factory Altercation. The court held that the domestic enquiry was fair and the compensation of 30 months' wages was appropriate under Section 11A of the Industrial Disputes Act, 1947.

The petition was filed by the Rayon Workers' Union and the workman, Dinesh Pratap Singh, challenging the award of the 4th Labour Court at Thane in Ref...

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Bombay High Court Upholds Dismissal of Workman for Instigating Illegal Strike and Insubordination. Labour Court's Award of Reinstatement Set Aside as Enquiry Was Fair and Findings of Misconduct Were Not Perverse.

The petitioner, Maharashtra General Kamgar Union, filed a writ petition challenging the award of the Labour Court dated 15th September 2001 in a refer...

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Bombay High Court Dismisses Union's Petition Challenging Labour Court Award Denying Reinstatement of Workman. Domestic Inquiry Held Fair and Punishment of Dismissal Upheld as Not Disproportionate Under Section 11A of Industrial Disputes Act, 1947.

The petitioner, Maharashtra General Kamgar Union, a registered trade union, challenged the Award dated 8th April 1994 (Part-I) and Award dated 7th Apr...