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Supreme Court Allows Appeal of Telecom Company in Industrial Dispute, Holding Regional Business Head Not a 'Workman' Under Industrial Disputes Act. Managerial and Supervisory Duties Exclude Employee from Section 2(s) Definition Despite Absence of Power to Appoint or Dismiss.

The Supreme Court allowed the appeal filed by M/s Bharti Airtel Limited against the judgment of the Karnataka High Court which had held that the respo...

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Bombay High Court Quashes Second Departmental Enquiry Against RPF ASI for Same Misconduct — Double Jeopardy Principle Under Article 20(2) of Constitution and Rule 219.4(b) of Railway Protection Force Rules, 1987 Bars Re-prosecution After Final Punishment

The petitioner, Ramrao Maroti Shinde, an Assistant Sub-Inspector in the Railway Protection Force (RPF), was subjected to a departmental enquiry in May...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income and Negligence. Claimant failed to establish monthly income and contributory negligence was not considered by Tribunal.

The appellant, National Insurance Co. Ltd., filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award date...

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Bombay High Court Allows Petition of Retired Teacher Against Recovery of Excess Salary Paid Mistakenly During Service. Recovery of Mistaken Payment After Retirement Held Illegal Following Supreme Court Precedent in State of Punjab v. Rafiq Masih.

The petitioner, Lata Gajanan Wankhede, a retired Assistant Teacher employed with Zilla Parishad, Akola, filed a writ petition challenging the recovery...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Compensation Enhanced Due to Incorrect Multiplier and Omission of Future Prospects. Multiplier of 16 Applied Under Motor Vehicles Act, 1988 for Deceased Aged 35 Years.

The appeal was filed by the legal representatives of the deceased, Chintaman Kolekar, who died in a motor vehicle accident involving a motorcycle and ...

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Bombay High Court Dismisses Petition of Workmen Seeking Absorption in Western Coalfields Limited — Canteen Workers Not Entitled to Direct Absorption as Contractor Was Not a Sham and Contract Labour Was Not Prohibited Under the Contract Labour (Regulation and Abolition) Act, 1947.

The petitioner, a trade union representing workmen of Taroda Opencast Mine of Western Coalfields Limited, challenged an award of the Central Governmen...

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High Court of Bombay at Goa Enhances Compensation in Motor Accident Claim for Fracture and Dislocation of Hip. Claimant awarded additional Rs. 1,24,522/- for medical expenses, loss of income, pain and suffering, and future treatment.

The appellant, Ramdas Verlekar, filed a claim petition before the Motor Accident Claims Tribunal, South Goa, Margao, seeking compensation of Rs. 6,91,...

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Bombay High Court Dismisses Writ Petition by Charitable Trust Challenging Reinstatement Order — Trust Not 'State' Under Article 12. Private Trust Receiving Government Grant Not Amenable to Writ Jurisdiction Under Article 226 of the Constitution.

The petitioner, The Narsinnghrao Shivaji Dharmaji Industrial Home for the Blind, is a charitable trust established in 1917, registered under the Bomba...

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Bombay High Court Allows Writ Petitions Challenging Termination of Pharmacy Teachers in Technical Education Service Rules Case. Court holds that termination without following Section 25F of Industrial Disputes Act, 1947 is illegal and sets aside termination orders.

The judgment concerns a group of writ petitions filed by teachers of Y.B. Chavan Pharmacy College, Aurangabad, challenging their termination from serv...