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Supreme Court Allows Workman's Appeal in Industrial Dispute — Scope of Enquiry Under Section 33(2)(b) of Industrial Disputes Act, 1947 Clarified. Labour Court's Order Rejecting Approval for Dismissal Restored as It Did Not Exceed Its Limited Jurisdiction.

The appeal arose from a dispute between John D'Souza, a workman, and the Karnataka State Road Transport Corporation (KSRTC). The workman joined as a b...

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Bombay High Court Dismisses Petition Challenging Dismissal of Watchman for Theft of Oil Tin. Departmental Inquiry Upheld Despite Criminal Acquittal as Standard of Proof Differs.

The petitioner, Mr. A. S. Manjrekar, was employed as a watchman with the Bombay Port Trust (BPT) since 14.10.1982. On 06.07.1998 (likely a typo for 19...

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High Court Upholds Labour Court Award of Reinstatement with Back Wages for Bank Employee Terminated Without Proper Inquiry. Termination Based on Criminal Arrest Without Conviction and Without Domestic Inquiry Held Illegal Under Industrial Disputes Act, 1947.

The petitioner, ICICI Bank Ltd., challenged the awards passed by the Labour Court at Kolhapur dated 13th February 2014 (Part-I Award) and 15th May 201...

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Bombay High Court Upholds University Tribunal's Order in Part — Lecturer's Appointment Without NET/SET or Ph.D. Held Invalid, but Salary for Work Done Granted. Minority Institution's Right to Administer Does Not Extend to Appointing Ineligible Candidates Under Maharashtra Universities Act, 1994.

The judgment concerns two writ petitions arising from an order of the University and College Tribunal, Aurangabad, in Appeal No. BAMU-02/2013. The Hin...

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Madras High Court Partly Allows State Appeal in Excess Salary Recovery Dispute; Sets Aside Interest Award in Retired Employee's Case. Recovery of Excess Salary Held Impermissible Absent Misrepresentation or Undertaking on the Eve of Retirement, Aligning with Principles Against Hardship.

The High Court of Madras adjudicated a writ appeal filed by the State of Tamil Nadu challenging a single judge's order that had directed refund of exc...

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Bombay High Court Dismisses Writ Petition in MRTU & PULP Act Case Concerning Termination of Temporary Workers. Termination Held Not Retrenchment, Falling Under Section 2(oo)(bb) of Industrial Disputes Act as Employment Was Under Fixed-Term Contracts.

The writ petition was filed under Article 227 of the Constitution against the Industrial Court's order dated 23.12.1999 which confirmed the Labour Cou...

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High Court of Bombay at Nagpur Upholds CAT Order Directing Appointment of Candidates Who Suppressed Criminal Cases in Application Form — Suppression of Criminal Case Not Material When Case Ended in Acquittal and Candidates Were Otherwise Eligible.

The Union of India and other petitioners challenged the order of the Central Administrative Tribunal (CAT) dated 7th August 2014, which directed them ...