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Supreme Court Allows Appeal of Retired Employees Against Recovery Orders in Service Law Case Due to Lack of Hearing and Erroneous Employer Interpretation. Recovery of Excess Payments After Retirement Held Illegal as No Misrepresentation by Employees and Based on Equity Principles to Prevent Hardship.

The dispute involved retired stenographers who had been granted financial benefits in 2017 based on the Shetty Commission recommendations, which were ...

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Bombay High Court Allows Retired Professor's Petition, Quashes Recovery from Gratuity and Pension. Recovery of Rs.8,43,782/- from retiral benefits set aside as employer failed to prove misrepresentation or fraud by employee, and recovery from pension/gratuity is impermissible under settled law.

The petitioner, Ganesh Sitaram Magar, a retired Ayurved professor, challenged the recovery of Rs.8,43,782/- from his gratuity and pension benefits. He...

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Bombay High Court Quashes Absorption Order in Favor of Municipal Corporation in Contract Labour Dispute — Industrial Court's Direction to Absorb Contract Workers Without Proper Adjudication of Employer-Employee Relationship Set Aside.

The Kalyan Dombivali Municipal Corporation filed a writ petition challenging an Award dated 12 January 2017 passed by the Industrial Court, Thane. The...

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High Court of Karnataka Quashes KIADB Order Demanding Excess Lease Premium in Industrial Land Allotment — Refund of Rs. 100 Lakhs Ordered with Interest. KIADB Cannot Charge Premium Exceeding Government-Notified Rate Under Section 3(1) of Karnataka Industrial Areas Development Act, 1966.

The petitioner, Hadee Forging Private Limited, a company incorporated under the Companies Act, 1956, was allotted 2 acres of industrial land by the Ka...

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Bombay High Court Quashes Stop-Work Order in Urban Land Ceiling Case — Exemption Under Section 20 of ULC Act Survives Repeal. Market Value Deposit Condition Under Government Resolution Not Applicable to Land Already Exempted Prior to Repeal of Urban Land (Ceiling and Regulation) Act, 1976.

The petitioner, M/s. Essen Realtors, a registered partnership firm, challenged an order dated 1.10.2014 issued by the District Collector, Pune (Respon...

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Bombay High Court Dismisses BEST Undertaking's Petition Challenging Industrial Court Order in Suspension Case. Suspension of Deputy Charge Engineer Held Invalid as Standing Orders Not Applicable, But Unfair Labour Practice Found Due to Non-Compliance with Procedure.

The Brihanmumbai Municipal Corporation (BEST Undertaking) challenged an order of the Industrial Court which had allowed the complaint of unfair labour...

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KAHC020054492024_1

The petitioner, Smt. Baligar Chandbi, was appointed as a contract Accountant at Raitha Samparka Kendra, Huvinahadagali, through an outsourcing agency ...

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Bombay High Court Upholds Reduction of Penalty in Disciplinary Proceeding for Pay Fixation Misconduct — Proportionality of Punishment Upheld. Court held that while misconduct was established, removal was disproportionate and Appellate Authority's modification to reduction to lowest scale was justified.

The petitioner, Rajesh Ashok Mankar, was employed as a Computer Operator with Konkan Railway Corporation Limited (KRCL). He was initially appointed on...