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Bombay High Court Allows Workman's Petition in Industrial Dispute Challenging Termination and Denial of Back Wages. Termination Held Illegal for Non-Compliance with Section 25F of Industrial Disputes Act, 1947; Full Back Wages Granted as Employer Failed to Prove Gainful Employment.

The petitioner, a workman employed by the Union of India through the Controller of Quality Assurance (Vehicles), Ministry of Defence, challenged his t...

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Supreme Court Dismisses Workman's Appeal in Territorial Jurisdiction Dispute — Labour Court at Place of Employment and Termination Has Exclusive Jurisdiction. Merely Shifting Residence and Sending Demand Notice to Head Office Does Not Confer Jurisdiction Under Industrial Disputes Act, 1947.

The appellant, V G Jagdishan, was employed as a driver at the Ghaziabad office of M/s. Indofos Industries Limited. He worked at Ghaziabad and his serv...

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High Court of Karnataka Allows Revision Petition in Summary Suit Case — Sets Aside Leave to Defend Granted to Defendant Due to Lack of Triable Issues. The court held that unconditional leave to defend cannot be granted unless the defendant raises triable issues under Order XXXVII Rule 3(5) CPC.

The petitioner, Metro Cash & Carry India Pvt. Ltd., filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) chall...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Maritime Board Dispute Over Cargo Handling Charges. Court sets aside majority award directing payment at Rs.3 per metric tonne, remits matter for fresh consideration on applicability of 1995 or 1996 policy.

The Maharashtra Maritime Board (Claimant) filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a m...

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Bombay High Court Upholds Termination of Scientific Officer for Unauthorised Absence and Misconduct — Petitioner Failed to Justify Absence Despite Repeated Opportunities. The court held that the termination was proportionate and that the principles of natural justice were complied with.

The petitioner, Mr. Sahivanagouda H. Patil, was a Scientific Officer at Bhabha Atomic Research Centre (BARC) who had developed high-yielding groundnut...

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Bombay High Court Allows Writ Petition of Surgeon Challenging Orders Restricting Kidney Transplants Under Transplantation of Human Organs Act, 1994. Orders Passed Without Hearing Petitioner Violate Principles of Natural Justice and Are Quashed.

The petitioner, Dr. Ajay Tejraj Oswal, a medical practitioner and surgeon, had been performing kidney transplantation surgeries since 1999 as a freela...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Teacher in Resignation Dispute. School Tribunal's Finding of Involuntary Resignation Upheld Under Section 9 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

The case involves a dispute between the management of a private school (Bahujan Vikas Mandal and Kranti Jyoti Marathi Prathmik Shala) and a teacher (K...