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Bombay High Court Allows Employee's Writ Petition Challenging Industrial Court's Reversal of Reinstatement Order. Industrial Court Erred in Permitting De Novo Enquiry Without Employer Reserving Right in Written Statement as Per Supreme Court Precedent.

This writ petition arises from an industrial dispute where the petitioner-employee, a sweeper with the Nanded-Waghala City Municipal Corporation, chal...

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High Court of Karnataka Allows Workman's Petition for Full Back Wages in Industrial Dispute Case. Management Fails to Prove Alternative Employment, Workman Entitled to Full Back Wages Under Industrial Disputes Act, 1947.

The judgment arises from two writ petitions challenging an award dated 22.10.2013 passed by the I Additional Labour Court, Bengaluru in I.D.No.428/200...

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High Court of Bombay Adjudicates Section 34 Petition Against Partial Award on Existence of JEA. The petition challenges an arbitral tribunal's finding that an initialled but unsigned JEA was a valid contract containing an arbitration agreement under Section 7 of the Arbitration Act.

The petition arose out of a partial arbitral award dated January 9, 2014, passed under Section 16 of the Arbitration and Conciliation Act, 1996, which...

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Bombay High Court Allows Writ Petition of Senior Teacher Challenging Tribunal Order Setting Aside Promotion as Head Master. Initial Unwillingness for Promotion Does Not Bar Subsequent Willingness When No Appointment Made, Under MEPS Rules.

The petitioner, Bhimrao Keshao Telang, was promoted to the post of Head Master of a school by an order dated 23 April 1997. Respondent No.1, Prabhudas...

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Bombay High Court Quashes School Management Transfer Order Due to Arbitrary Exercise of Discretion and Lack of Reasons under Secondary School Code. Non-Application of Mind and Breach of Fiduciary Duty by Trustees Rendered Order Invalid; Guidelines Framed to Fill Legislative Vacuum.

The dispute arose from the transfer of management of a school run by Matoshri Bahuuddeshiya Shikshan Sanstha, Nagpur, to another society. Two writ pet...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Teacher Terminated Without Inquiry. Termination of Teacher Without Valid Departmental Inquiry Under Section 5 of Maharashtra Employees of Private Schools Act, 1977 is Illegal and Reinstatement with Backwages is Justified.

The Petitioner-Management, a trust running schools, terminated Respondent No.1, an Assistant Teacher, on 10 January 2011. The termination was challeng...

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Bombay High Court Upholds Reinstatement of Employee in Education Service Dispute — Illegal Termination Violates M.E.P.S. Rules. Employee's discontinuation without inquiry and notice held illegal; employer directed to reinstate with back wages and continuity.

The case involves an appeal by an educational institution and its headmaster against a common judgment of a Single Judge of the Bombay High Court. The...

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Supreme Court Dismisses Appeal of Teacher in Resignation Dispute — Management Committee Resolution Valid Despite Non-Communication. Resignation Withdrawal After Acceptance by Management Committee Not Permissible Under MEPS Act.

The appellant, an assistant teacher at Vasantrao Naik High School run by respondent No.1 society, tendered resignation on 10.10.2017. He withdrew the ...

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High Court of Karnataka Upholds Labour Court's Award of Reinstatement with Back Wages in Service Termination Dispute. Stigmatic Termination Without Domestic Inquiry Violates Principles of Natural Justice and Section 11-A of Industrial Disputes Act, 1947.

The case involves two writ appeals arising from an order of a learned Single Judge in W.P. No. 75525/2013. The appellant in W.A. No. 100019/2020 is th...