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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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Supreme Court Refers Seniority Criteria in Higher Judicial Services to Constitution Bench in All India Judges Association Case. Amicus Curiae's Application Seeks to Address Disparity in Career Progression Between Direct Recruits and Promotees, Leading to Reference for Long-Lasting Solution.

The Supreme Court considered an interlocutory application filed by the amicus curiae in the ongoing All India Judges Association writ petition, highli...

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Bombay High Court Sets Aside Maharashtra State Co-operative Appellate Court Orders in Employee Termination Dispute. Preliminary Issue on Legality of Departmental Enquiry Must Be Decided First Under Order 15 Rule 3 Code of Civil Procedure, 1908, Following Cooper Engineering Ltd. Precedent.

The dispute arose from the termination of services of an employee by a co-operative bank. The employee filed a dispute before the Co-operative Court, ...

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Madras High Court Allows State’s Appeal, Sets Aside Single Judge’s Order for Retrospective Promotion under G.O.Ms.No.1170. Court holds that relaxation of service rules is discretionary, cannot be claimed as right, and cannot be applied retrospectively after retirement.

The matter arose from a service dispute wherein a Panchayat Assistant, appointed in 1979 and later transferred as Junior Assistant in 1999 under a 10%...

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High Court of Judicature at Bombay Reviews Industrial Tribunal's Decision to Reject Approval Application Under Section 33(2)(b) of Industrial Disputes Act, 1947. The Tribunal Found Charges Against Employee Not Proved, Resulting in Reinstatement with 50% Back Wages.

The dispute arose between Tata Memorial Hospital, a trust-run institution, and Shashikant Shrikrishna Sompurkar, who was employed as an Upper Division...

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Karnataka High Court Hears Employer's Writ Petition Against Labour Court Order Allowing Workman's Claim for Full Wages under Section 33(C)(2) of Industrial Disputes Act, 1947. Maintainability of an Individual Workman's Application after Settlement by Other Workmen Examined.

The petitioner, Mulberry Silks Ltd, a company engaged in silk fabric manufacturing, filed a writ petition under Articles 226 and 227 of the Constituti...

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High Court of Judicature at Madras Considers Writ Petition Against Order of Industrial Tribunal Rejecting Plea for Award on Majority Settlement. Industrial Tribunal Found Majority Settlement Voluntary but Held It Not Binding on Non-Signatory Union Members Under Industrial Disputes Act, 1947.

The management of Caterpillar India Private Limited, a multinational manufacturing off-road vehicles, and its recognized union, Caterpillar India Priv...

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High Court of Judicature at Bombay Considers Arbitration Petition No. 1070 of 2011 Under Section 45 of the Arbitration and Conciliation Act, 1996. The Petition Seeks Reference to ICC Arbitration in Dubai Pursuant to a Share Purchase Agreement; the Judgment Text is Incomplete.

The matter arose from a Share Purchase Agreement (SPA) dated 10 December 2004 between Welspun Trading Limited (transferor) and Eupec PipeCoatings GmbH...