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Gujarat High Court Partially Allows Workman's Petition in Industrial Dispute — Directs Reinstatement with 30% Back Wages and Continuity of Service. Labour Court's denial of full back wages set aside as employer failed to prove gainful employment under Section 11A of Industrial Disputes Act, 1947.

The petitioner, Dhirabhai Lalabhai Sangada, was a workman employed by the Deputy Executive Engineer (respondent). He was terminated from service, lead...

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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Payment to Retired Employee. Forfeiture of Gratuity under Payment of Gratuity Act, 1972 requires proof of financial loss caused by employee's misconduct, not merely disciplinary punishment of compulsory retirement.

The petitioner, Bank of Maharashtra, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 197...

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Bombay High Court Allows Employer's Petition in Part, Modifies Backwages Award in Unfair Labour Practice Case. Full backwages from termination to superannuation reduced to 50% for period after Labour Court order, based on employee's failure to mitigate losses.

The petitioner, Raptakos Breet & Company Ltd., a pharmaceutical company, challenged the judgment and order dated 23 April 2019 of the Second Labour Co...

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Bombay High Court Quashes Recovery Order Against Retired Employee in Leave Encashment Dispute — Recovery of Mistaken Payment from Gratuity Held Unjust. Petitioner's Leave Encashment Payment Was Not Mistaken as Government Resolution Did Not Apply to Non-Teaching Staff of Social Work Colleges.

The petitioner, Prakash Suryabhanji Ninghot, was appointed as a Peon on 01.10.1982 with respondent 5-College, a 100% grant-in-aid Social Work college....

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Bombay High Court Allows Writ Petition for Leave Encashment Withheld by Employer After Superannuation. Withholding of leave encashment on ground of pending departmental inquiry is impermissible as leave encashment is a vested right and not a gratuity or pension.

The petitioner, Pradip Kumar Roy, was appointed as a Junior Executive Trainee in CMPDI, Ranchi on 01/07/1981 and later transferred to the respondent-C...

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Bombay High Court Upholds Gratuity Entitlement for Daily Wager Absorbed as Clerk — Continuous Service Counted from Initial Appointment. Municipal Council's contention that daily wage period cannot be counted for gratuity rejected under Section 4 of Payment of Gratuity Act, 1972.

The Municipal Council, Achalpur, filed a writ petition challenging two concurrent judgments: the order dated 26.06.2015 of the Controlling Authority u...

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Bombay High Court Quashes Charge-Sheet Against Retired Bank Employee for Being Issued After Superannuation. Service Regulations Require Charge-Sheet Before Retirement to Continue Proceedings; Show Cause Notice Prior to Retirement Insufficient.

The petitioner, Vijay Kewalramji Randive, was an employee of Vidarbha Konkan Gramin Bank (the respondent). He was issued a show cause notice on 8 Marc...

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Bombay High Court Allows Employer's Petition in Date of Birth Correction Case — Employee Failed to Prove Correct Date of Birth. Labour Court and Industrial Court Orders Set Aside as Employee Did Not Challenge Employer's Evidence and Delay in Raising Dispute Was Fatal.

The petitioner, Maharashtra State Farming Corporation Ltd., challenged the common judgment of the Labour Court and the order of the Industrial Court, ...