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WRIT PETITION NO. 7034 OF 2024

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Supreme Court Refers Kerala's Challenge to Union's Borrowing Ceiling to Constitution Bench — Raises Substantial Questions on Interpretation of Article 293 and Federal Fiscal Powers. The Court declined interim relief pending reference, noting the mandatory nature of the injunction sought.

The State of Kerala instituted an original suit under Article 131 of the Constitution of India against the Union of India, challenging three actions: ...

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Supreme Court Allows State Appeals in Land Acquisition Case — Doctrine of Legitimate Expectation Cannot Override Statutory Acquisition Process. Industrial Development Constitutes Valid Public Purpose Under Land Acquisition Act, 1894.

The appeals arise from a common judgment of the Uttarakhand High Court dated 02.11.2018, which dismissed the appeals filed by the appellants (the Stat...

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Supreme Court Allows State's Appeal in Compassionate Appointment Case Due to Delay and Inclusion of Pension in Income. Family pension can be considered in assessing indigent circumstances, and a seven-year delay in filing writ petition is fatal to the claim.

The Supreme Court allowed the appeal filed by the State of Himachal Pradesh against the judgment of the High Court of Himachal Pradesh which had direc...

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Bombay High Court Allows Writ Petition of Personal Secretaries for Pay Refixation by Merging Special Pay into Basic Pay. The court held that special pay granted for higher responsibilities must be merged upon promotion to a higher post, quashing the state's order denying the benefit.

The petitioners, an association of Personal Assistants, Private Secretaries, and Senior Private Secretaries of the Bombay High Court, along with an in...

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Bombay High Court Dismisses Workman's Petition Challenging Industrial Court's Order Dismissing Complaint for Non-Implementation of Award. Delay of 4½ years in filing complaint under MRTU & PULP Act, 1971 held fatal as no sufficient cause shown.

The petitioner, Kashinath Parvati Labade, was a workman employed with the Department of Social Forestry, Maharashtra. He was allegedly illegally termi...

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Bombay High Court Dismisses Employer's Petitions Challenging Labour Court Orders in Unfair Labour Practice Complaints. Summary jurisdiction under Section 28 of MRTU & PULP Act does not bar determination of disputed employer-employee relationship when status is prima facie established.

The judgment involves three writ petitions filed by Birla Cotsyn (India) Ltd., the employer, challenging identical orders passed by the Labour Court a...

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Bombay High Court Allows Employer's Petition Challenging Reinstatement Order — Employee Abandoned Service by Taking Up Employment Abroad Without Intimation. Clause 13.4 of Certified Standing Orders Validly Invoked to Terminate Employment for Abandonment of Service Under Industrial Disputes Act, 1947.

The Petitioner, Infomedia India Ltd., engaged the First Respondent as a machine operator at its printing establishment in Mumbai. On 22 June 1992, the...