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High Court of Bombay Adjudicates Section 34 Petition Against Arbitral Award in Commercial Dispute. Termination of Services Agreement by State Assembly Secretariat Held Illegal by Arbitrator; Court's Decision on Frustration and Party Distinctness Not Available in Provided Excerpt.

Background: The dispute arose from an agreement dated 5 December 2015 between the Uttar Pradesh Legislative Assembly (UPLA) Secretariat and Tata Consu...

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Bombay High Court Dismisses Employer's Petition Challenging Tribunal's Refusal to Approve Dismissal in Gold Smuggling Case. Tribunal's Finding of Unfair Enquiry and Perverse Findings Upheld Under Section 33(2)(b) of Industrial Disputes Act, 1947.

The petitioner, Air India Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 22nd July 2004 passed ...

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Bombay High Court Allows Landlord's Appeal in Rent Act Eviction Case — Bonafide Need, Subletting, and Default Established. Trial Court's Eviction Order Restored as Single Judge Erred in Reversing Findings of Fact.

The appeal arises from a judgment and order dated 22-7-2008 passed by a learned Single Judge of the Bombay High Court, which reversed the eviction ord...

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Supreme Court Allows State's Appeal Against Appointment of Gardeners — Training Does Not Confer Right to Employment. Irregular Selection and Lack of Advertisement Render Appointment Directions Unsustainable.

The case pertains to a dispute over the appointment of Gardeners in the Horticulture Department of Odisha. The respondents were among 362 candidates s...

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Bombay High Court Dismisses Petition Challenging Industrial Court's Order Setting Aside Reinstatement and Backwages Due to Limitation Under Section 42(4) of Bombay Industrial Relations Act, 1946. Approach Notice Filed Beyond Stipulated Period Without Sufficient Cause, Hence Labour Court's Order Set Aside.

The petitioner, Pedru Mozes Fernandes, was a permanent workman employed as a boiler serviceman at Tata Mills from 1st March 1973. He worked continuous...

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Bombay High Court Dismisses Petition Seeking Permanency for Hospital Employee — Industrial Court's Finding of No Continuous Service Upheld. Employee Failed to Establish 240 Days of Work in 12 Months Under Section 5-B of MRTU & PULP Act, 1971.

The petitioner, Kumar Dashrath Kamble, filed a writ petition before the Bombay High Court challenging the judgment and order dated 3 May 2023 passed b...

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Bombay High Court Allows Gratuity Claim of Retired Employee Despite Pending Regularization and Post-Retirement Chargesheet. Continuous Service of 22 Years Entitles Employee to Gratuity Under Payment of Gratuity Act, 1972, Irrespective of Alleged Overage at Joining.

The petitioner, Balvant Mohan Badve, a retired Civil Engineer, joined the Ahmednagar Municipal Corporation on 07/09/1985 and superannuated on 01/04/20...

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Bombay High Court Dismisses Petition Challenging Working Hours Provisions of Motor Transport Workers Act. Provisions Permitting Extended Hours and Spread Over Upheld as Reasonable and Not Violative of Articles 14 and 21.

The petitioner, BEST Worker's Union, claiming to be an approved representative union for employees of Brihanmumbai Electric Supply and Undertaking (BE...