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Bombay High Court Dismisses Municipal Corporation's Petition and Upholds Gratuity Payment with Interest. Withholding of Gratuity Pending Departmental Enquiry Without Forfeiture Order Violates Payment of Gratuity Act, 1972; Interest Awarded Under Section 7(3-A).

The Municipal Corporation of Greater Mumbai withheld the gratuity of a retired employee, Shri Vitthal Anna Kamble, on the ground that a departmental e...

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Bombay High Court Allows Society's Petition in Servant Quarters Eviction Dispute — Cooperative Court Has Jurisdiction Under Section 91 MCS Act. Dispute for recovery of possession of servant quarters from ex-employee held to be touching management of society, not business.

The Bombay High Court allowed a writ petition filed by a cooperative housing society challenging an order of the Cooperative Appellate Court which had...

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Bombay High Court Allows Married Sister's Compassionate Appointment Claim Despite Policy Restriction — Enquiry Quashed as Arbitrary. Court holds that married sister of deceased employee is eligible where surviving brother does not claim, following precedent in Swapanali Kalbhor.

The petitioner, Lina Vishwanath Yerme, is the married sister of a deceased employee who was working with respondent No.6 (Shivaji High School). Upon t...

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Bombay High Court Directs Release of Retiral Benefits to Widow Despite Pending Caste Validity Certificate - Employer Cannot Withhold Pensionary Benefits Due to Pendency of Scrutiny Proceedings

The petitioner, Manda w/o Prakash Sonawane, is the widow of a deceased employee who was appointed on a post reserved for a backward category. The empl...

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Supreme Court Dismisses State's Appeal in Service Law Case — Notional Financial Benefits Upheld Despite No Actual Promotion. Rule 54(1)(a) of West Bengal Service Rules Precludes Retrospective Promotion but Notional Benefits Granted Due to Administrative Delay.

The present appeal arises from a judgment of the High Court at Calcutta which upheld an order of the West Bengal Administrative Tribunal directing tha...

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Supreme Court Allows Appointment of Arbitrator in Dispute Over Encashment of Performance Bank Guarantee After Full Contractual Performance. Arbitration Clause Covers Dispute Despite Completion of Contract and Payment.

The petitioner, M/S Glock Asia-Pacific Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointme...