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Bombay High Court Dismisses Employer's Challenge to Gratuity Award for Workman in Continuous Service Dispute. Payment of Gratuity Act, 1972 — Employer failed to prove break in service despite alleged termination during 1982 strike; workman deemed in continuous service for 30 years.

The Petitioner, M/s. Phoenix Mills Limited, challenged the Judgment and Order dated 23rd March 2004 passed by the Controlling Authority under the Paym...

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Bombay High Court Dismisses Writ Petition by Labour Union Challenging Industrial Tribunal Award. Reinstatement Without Back Wages Upheld for One Workman, Denied for Others Due to Lack of Evidence of Continuous Service Under Industrial Disputes Act, 1947.

The Petitioner, Pune Labour Union, filed a writ petition challenging the award of the Industrial Tribunal, Pune, dated 21 August 1999, which partly al...

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Bombay High Court Quashes Compulsory Retirement of District Judge for Non-Application of Mind and Violation of Natural Justice. Premature Retirement Order Set Aside as Review Committee Failed to Consider Entire Service Record and Adverse Remarks Were Not Communicated.

The Petitioner, a District Judge, challenged his compulsory retirement from service on attaining the age of 55 years, by an order dated 12/07/2018. He...

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Bombay High Court Allows Interest on Delayed Gratuity from Date of Retirement in Corruption Case Acquittal. Interest under Section 7(3A) of Payment of Gratuity Act, 1972 is payable from retirement date, not acquittal date, as gratuity becomes due on retirement regardless of pending criminal prosecution.

The petitioner, Vinodkumar Narayan Dixit, a former Deputy Collector, retired on 1st April 1997 while a criminal prosecution under the Prevention of Co...

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High Court Partly Allows Municipal Corporation's Challenge to Pension Calculation for Daily Wager Employees. Daily Wager Service Prior to Regularization Does Not Qualify as Pensionable Service Under Maharashtra Civil Services (Pension) Rules, 1982, as Appointments Were Not Against Sanctioned Posts.

The dispute involved Nagpur Municipal Corporation challenging an Industrial Court order that granted pensionary benefits to daily wager employees by c...