Search Results for "Employer Discretion"

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High Court of Karnataka Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Claimants' Cross-Objections Dismissed as Deceased Pedestrian Was Crossing Highway Without Caution, Contributing 50% to Accident.

The case arises from a motor accident claim petition filed by the parents of a deceased 25-year-old bachelor who died in a road accident involving a c...

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Bombay High Court Dismisses Petition Challenging Refusal of Special Voluntary Retirement Scheme Benefit to Development Officer. Court holds that the Scheme's eligibility conditions are clear and the petitioner's application was rightly rejected as he did not meet the qualifying service requirement.

The petitioner, K.G.H. Dodhiya, joined the New India Assurance Company Limited as a Development Officer on 16 April 1977 and later became an Administr...

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High Court of Karnataka Allows Writ Petition in Service Matter — Resignation Obtained Under Coercion Quashed. The Court Held That Resignation Must Be Voluntary and Free from Duress, and Employer Must Follow Natural Justice Before Accepting Resignation.

The petitioner, Basavaraj S/o Veerappa Shalawadi, was a conductor employed by the North West Karnataka Road Transport Corporation (NWKRTC). He was all...

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Bombay High Court Allows Appeal by Employer in Industrial Dispute — Tribunal Award Set Aside for Lack of Jurisdiction. The Court held that the Industrial Tribunal had no jurisdiction to entertain the reference as the dispute was not an industrial dispute under the Industrial Disputes Act, 1947.

The present appeal is directed against the order passed by the learned Single Judge in Writ Petition No.4009/1997, on 19th of September, 2007. The pre...

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Bombay High Court Upholds Dismissal of Bus Conductor in MSRTC Misappropriation Case. Labour Court's refusal to interfere with punishment of dismissal for collecting Rs.14/- but issuing Rs.5/- ticket and having cash excess of Rs.11/- is confirmed as not perverse.

The petitioner, Rohidas Premchand Bhagat, was employed as a bus conductor with the Maharashtra State Road Transport Corporation (MSRTC) since 1 Novemb...

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Bombay High Court Dismisses Petition by Municipal Corporation Challenging Bar Council Resolution Prohibiting Full-Time Salaried Law Officers from Practicing as Advocates. The Court Held That the Deletion of Exception Under Rule 49 of the Advocates Act, 1961 Is Valid and Applies to Municipal Law Officers.

The case involves a challenge by the Municipal Corporation of Greater Mumbai and its Principal Law Officer against resolutions of the Bar Council of I...

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Bombay High Court Dismisses Employer's Writ Petition Challenging Labour Court's Reinstatement Order in Retrenchment Case. Termination of Probationer Without Notice or Compensation Under Section 25-F of Industrial Disputes Act, 1947 Held Illegal as Employer Failed to Prove Unsatisfactory Work.

The Petitioner, M/s R. Nawroji & Co., a partnership firm running a printing press, appointed the First Respondent, Francis E. Lobo, as a Machine Opera...

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Bombay High Court Upholds Dismissal of Employee in Disciplinary Proceedings for Misconduct. Court holds that findings of domestic enquiry are not perverse and punishment is proportionate.

The petitioner, TCE Consulting Engineers Ltd., challenged the order of the Industrial Court which set aside the dismissal of the first respondent, Dil...

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Bombay High Court Dismisses Company's Challenge to Reinstatement with 50% Backwages and Workman's Challenge to Enquiry Validity in Industrial Dispute. Labour Court's Finding of Non-Perverse Enquiry Upheld, Reinstatement with Partial Backwages Affirmed Under Industrial Disputes Act.

The judgment involves two writ petitions arising from an industrial dispute between Siemens Limited (the company) and its workman, Babulal Ramlal Walm...