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Bombay High Court Quashes MHADA's 10-Year Transfer Ban on Rehab Tenements as Unconstitutional and Ultra Vires. Condition in NOC restricting sale/transfer of tenancy rights for ten years from occupation held to be without statutory authority and violative of Article 300A of the Constitution.

The Bombay High Court dealt with two writ petitions challenging a condition imposed by the Mumbai Building Repairs & Reconstruction Board (a unit of M...

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High Court Dismisses Employer's Petition in Unfair Labour Practice Case — Punishment Without Enquiry Invalid. Failure to Conduct Departmental Enquiry Before Placing Employee at End of Waiting List for Habitual Absence Constitutes Unfair Labour Practice Under Item 9 of Schedule IV of MRTU & PULP Act.

The case involves a writ petition filed by the employer, State Transport Co-operative Bank Limited and its Branch Manager, challenging the judgment of...

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Bombay High Court Quashes Industrial Court Order Directing Deposit of Gratuity in Termination Challenge — Payment of Gratuity Act, 1972 Does Not Require Deposit of Gratuity Received as Condition for Adjudication of Termination Dispute

The petitioner, Sheikh Mehmood, was employed as a Typist with respondent Nos.1 and 2 (M/s Universal Medikit Private Ltd. and its Chairman) from 29 Jul...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Stock Broker Dispute — No Interference Under Section 34 of Arbitration and Conciliation Act, 1996 as Award Not Found to be Patently Illegal or Perverse.

The petitioner, Sunil Keshav Rane, challenged an arbitral award dated 28 April 2009 passed by an arbitrator under the Byelaws, Rules and Regulations o...

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Bombay High Court Upholds Dismissal of Bus Conductor in M.S.R.T.C. Case for Collecting Fare Without Issuing Tickets. Misconduct of Gross Dishonesty Justifies Dismissal Under Industrial Law.

The appellant, Hidayatali s/o Mehaboobali Sayyed, was employed as a Bus Conductor with the Maharashtra State Road Transport Corporation (M.S.R.T.C.). ...

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Bombay High Court Allows Writ Petition of Sampling Assistant Dismissed for Non-Disclosure of Pending Criminal Case in Attestation Form. Acquittal on Merits During Pendency of Proceedings and Lack of Show Cause Notice Renders Termination Stigmatic and Violative of Natural Justice.

The petitioner, Anil s/o Narsingrao Khule, was appointed as a Sampling Assistant on 22.12.1994 by the Assistant Commissioner, Food and Drugs Administr...