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Bombay High Court Allows Refund of ESI Contributions Paid Under Mistake of Law — Employer Entitled to Restitution Under Section 72 of Indian Contract Act. Mistake of Law Does Not Bar Claim for Refund Under Section 75 of ESI Act, 1948.

The petitioners, M/s. Indian Hotels Co. Limited (owner of Taj Mahal Hotel and Taj Intercontinental) and its shareholder, filed a writ petition seeking...

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Bombay High Court Upholds Compulsory Retirement of CISF Head Constable for Misconduct and Unauthorized Absence. Disciplinary Authority's Discretion in Imposing Penalty Not Interfered With as Charges of Absence Without Leave and Misbehavior Were Proven.

The petitioner, Pralhad Bhaurao Thale, joined the Central Industrial Security Force (CISF) in 1993 as a Head Constable. In 2013, he was placed under s...

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Bombay High Court Upholds Reinstatement and Back Wages for Employee Terminated Without Notice in Unfair Labour Practice Case. Employer's Failure to Prove Abandonment of Service and Non-Compliance with Section 25F of Industrial Disputes Act, 1947 Renders Termination Illegal.

The case involves a writ petition filed by Goodlass Nerolac Paints Limited under Article 226 of the Constitution of India challenging an award of the ...

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Supreme Court Allows Appeal of Contractual Employee Against Non-Extension of Contract — Order Held Stigmatic Requiring Enquiry. Termination Based on Unsatisfactory Work Grounds, Preceded by Allegations of Misconduct, Cannot Be Passed Without Following Principles of Natural Justice.

The Supreme Court allowed the appeal filed by Swati Priyadarshini against the State of Madhya Pradesh and others, setting aside the Division Bench jud...

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Madras High Court Partly Allows Workman's Appeal in Employee's Compensation Case, Directing Interest on Medical Expenses. Interest Held Payable at 12% from Date of Accident Under Section 4-A(3)(a) of Employees' Compensation Act, 1923 Despite No Disability Award.

The dispute originated from a claim petition filed by the appellant, a workman employed as a loadman with the first respondent, who sustained injuries...

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Bombay High Court Allows Writ Petition of Absorbed Employee Seeking Salary for Period of Non-Joining Due to State's Lapse. State Cannot Deny Salary When Absorption Order Was Issued but Post Was Not Sanctioned, as It Amounts to Violation of Right to Livelihood Under Article 21.

The petitioner, Narayan Dattu Panchal, was employed as a Watchman in a special school for orthopedically handicapped children in Hanegaon, Nanded, whi...

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Bombay High Court Dismisses Petition Challenging Restriction of 3% Reservation for Physically Handicapped in PG Medical Admissions to Locomotory Disability Only. Visually Impaired Candidate Cannot Claim Reservation as Functional Requirements of Medical Course Justify Classification Under Article 14.

The petitioner, Dr. Syed Abdul Wahab Abdul Aziz, a visually impaired medical officer employed by the State of Maharashtra, challenged the norms restri...

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Bombay High Court Allows Writ Petition of Retired Ordnance Factory Labourer Seeking Full Salary for Suspension Period Following Acquittal — Period of Suspension Must Be Treated as Duty for All Purposes Under Fundamental Rule 54-B(3) When Acquittal Is Based on Full Trial on Merits.

The petitioner, Gopal S/o Sitaram Bairisal, a retired labourer from Ordnance Factory, Ambazari, filed a writ petition challenging the order of the Cen...