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Gujarat High Court Allows Appeal in Workmen Compensation Case — Employer Not Liable for Accident Caused by Employee's Own Negligence. The court held that the accident did not arise out of and in the course of employment as the deceased driver was not on duty at the time of the accident.

The present First Appeal was filed by the original defendant, Faridaben Naruddinbhai Jambughodawala, challenging the judgment and award dated 20.10.20...

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Supreme Court Allows Appeal of Telecom Company in Industrial Dispute, Holding Regional Business Head Not a 'Workman' Under Industrial Disputes Act. Managerial and Supervisory Duties Exclude Employee from Section 2(s) Definition Despite Absence of Power to Appoint or Dismiss.

The Supreme Court allowed the appeal filed by M/s Bharti Airtel Limited against the judgment of the Karnataka High Court which had held that the respo...

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Bombay High Court Quashes Second Departmental Enquiry Against RPF ASI for Same Misconduct — Double Jeopardy Principle Under Article 20(2) of Constitution and Rule 219.4(b) of Railway Protection Force Rules, 1987 Bars Re-prosecution After Final Punishment

The petitioner, Ramrao Maroti Shinde, an Assistant Sub-Inspector in the Railway Protection Force (RPF), was subjected to a departmental enquiry in May...

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Bombay High Court Partially Allows Appeal in Motor Accident Claim — Enhances Compensation and Holds Insurance Company Liable Despite Driver's Invalid Licence. The Court applied multiplier 14 and added future prospects, and held Insurance Company liable to pay with right to recover from owner.

The appeal arises from a motor accident claim petition filed by the dependents of a deceased who died in a truck accident on 24.11.2006. The deceased ...

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Bombay High Court Dismisses Union's Petition Challenging Industrial Tribunal Award on Regularisation of Canteen Workers. Contract Labour System Upheld as Genuine, Not a Sham, and Workers Not Entitled to Direct Employment by Principal Employer.

The judgment arises from a writ petition filed by Contract Laghu Udyog Kamgar Union challenging an award of the Industrial Tribunal dated 19th March 2...

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Bombay High Court Quashes Premature Retirement Order Against Employee in National Textile Corporation — Violation of Natural Justice and Lack of Application of Mind. Order Set Aside as Corporation Failed to Consider Employee's Representation and Did Not Follow Its Own Premature Retirement Scheme.

The petitioner, Vasant Lalchand Shah, joined the National Textile Corporation (NTC) in December 1978 as a Weaving Master. He had prior experience of o...

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Bombay High Court Dismisses Appeal Against Attachment Before Judgment in Recovery Suit by Financial Institutions. Non-Compliance With Order 38 Rule 5A CPC Does Not Invalidate Order Absent Prejudice.

The appeal arises from a suit filed by financial institutions (respondents 2 to 12) against J.K. Synthetics Limited (appellant) for recovery of dues. ...