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Supreme Court Allows Employer's Appeal in Compassionate Appointment Case Due to 18-Year Delay. Compassionate Appointment Claim Barred as Delay Extinguishes Objective of Immediate Relief, Violating Competitive Merit Principle Under Article 14 of Constitution.

The dispute involved a claim for compassionate appointment by the second son of a deceased employee who died in 1977. The deceased employee's eldest s...

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Supreme Court Acquits Bidi Factory Manager Under Factories Act, 1948 Due to Lack of Employer Control Over Workers. Sattedars and Their Coolies Held Not to Be 'Workers' Under Section 2(1) as Factory Management Lacked Control and Supervision Over Manner of Work.

The appellants were the manager of a bidi factory operating under contracts with Sattedars, independent contractors who agreed to supply bidis manufac...

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Bombay High Court Allows Writ Petition Challenging Recovery of Excess Pay in Ordnance Factory Case. Recovery of Excess Amount Paid Due to Employer's Mistake Held Impermissible When Employees Are in Same or Higher Pay Scale and No Misrepresentation Is Involved.

The petitioners, employees of Ordnance Factory Bhandara, were granted a higher pay scale by the employer. Subsequently, the employer sought to recover...

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Bombay High Court Dismisses Employer's Petition Challenging Industrial Court Order of Reinstatement with Back Wages. Termination of Employee Without Domestic Inquiry or Retrenchment Compensation Held Illegal Under Section 25F of Industrial Disputes Act, 1947.

The petitioner, Mutha Founders Pvt Ltd, challenged the judgment and order dated 05.11.2012 passed by the learned Industrial Court, Satara in Complaint...

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Bombay High Court Allows Compassionate Appointment to Son Born from Second Marriage Despite Invalidity Under Hindu Marriage Act. Section 16 of Hindu Marriage Act, 1955 Deems Child Legitimate, Entitling Him to Compassionate Appointment.

The petitioner, Yuvraj Dajee Khadake, sought compassionate appointment after his father, an employee of the Central Railway, died in harness on 12 Aug...

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Bombay High Court Dismisses Petition Challenging ESI Circular for Construction Workers. Circular extending ESI Scheme to construction site workers held valid under Employees' State Insurance Act, 1948.

The petitioners, Confederation of Real Estate Developers' Association of India (CREDAI) and two real estate firms, challenged a Circular dated 31st Ju...