Search Results for "employer's mistake"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "employer's mistake"

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Supreme Court

Supreme Court Dismisses Appeal in CRPF Constable Dismissal Case, Upholding Termination for Concealment of Criminal Case. Termination was justified under Rule 5(1) of Central Civil Services (Temporary Service) Rules, 1965, as appellant suppressed pending criminal case in verification form, despite subsequent acquittal, in a disciplined paramilitary force.

26 Sep 2022

The dispute arose from the termination of a Constable in the Central Reserve Police Force (CRPF) for concealing information about a pending criminal c...

Supreme Court

Supreme Court Upholds High Court Decision Quashing Labour Cess Demand Under Building and Other Construction Workers' Welfare Cess Act, 1996. The Court held that the cess demand was invalid as the contract work did not constitute 'building or other construction work' under Section 2(1)(d) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, and the levy under Sections 3(1) and (2) of the Cess Act was not applicable.

12 May 2021

The Supreme Court of India, in a civil appellate jurisdiction, addressed a special leave petition under Article 136 of the Constitution of India. The ...

High Court

Bombay High Court Allows Writ Petitions Against Industrial Court Order in Unfair Labour Practice Case — Limitation Period for Filing Complaint Under MRTU & PULP Act, 1971 Is Not Barred by Delay When Cause of Action Is Continuing.

19 Jun 2019

The judgment involves two writ petitions arising from an order of the Industrial Court, Aurangabad, in Revision ULP No.70/2015. The petitioner in WP 1...

Supreme Court

Supreme Court Upholds Reinstatement of Contract Workers in BHEL Case — Contract Labour Arrangement Held Sham Due to Direct Control and Supervision by Principal Employer. The Court affirmed that workmen performing identical duties under BHEL's supervision were entitled to reinstatement without backwages under the Uttar Pradesh Industrial Disputes Act, 1947.

20 Feb 2019

The case involves appeals by Bharat Heavy Electricals Ltd. (BHEL) against a judgment of the Uttarakhand High Court dismissing its writ petition challe...

High Court

High Court of Bombay at Nagpur Upholds CAT Order Directing Appointment of Candidates Who Suppressed Criminal Cases in Application Form — Suppression of Criminal Case Not Material When Case Ended in Acquittal and Candidates Were Otherwise Eligible.

30 Aug 2018

The Union of India and other petitioners challenged the order of the Central Administrative Tribunal (CAT) dated 7th August 2014, which directed them ...

High Court

Bombay High Court Allows Writ Petition Challenging Reduction of Pension and Recovery of Excess Payment. Employer's Order Reducing Pay Fixed at Retirement and Recovering Excess Amount Set Aside as Violative of Principles of Natural Justice and Unreasonable.

17 Apr 2018

The petitioner, Vijay Sambrao Bharati, a retired employee of Maharashtra Jeevan Pradhikaran, challenged an order of his employer that reduced the pay ...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Labour Court Award in Service Dispute — Petitioner Failed to Prove Continuous Employment and Termination. The court held that the workman bears the burden of proving continuous service and termination, and the Labour Court's finding based on evidence was not perverse.

11 Apr 2018

The petitioner, Shri Mahadev K. Naik, filed a Writ Petition under Articles 226 and 227 of the Constitution of India challenging the Award dated 24/05/...

High Court

Bombay High Court Upholds Arbitral Award in Price Escalation Dispute Under FIDIC Contracts — Formula Interpretation Not Permissible When Language Is Clear. Court holds that a price escalation formula in a contract, being a mathematical expression, cannot be interpreted or varied by an arbitrator if its terms are unambiguous.

31 Mar 2017

The judgment concerns two arbitration petitions arising from contracts between the Municipal Corporation of Greater Mumbai and two contractors, M/s. A...

High Court

Bombay High Court Dismisses Petition by Maharashtra Industrial Development Corporation Challenging Reinstatement Order. Employer-Employee Relationship Established Despite Contractor System, Termination Held Unfair Labour Practice Under MRTU & PULP Act.

17 Feb 2006

The petitioner, Maharashtra Industrial Development Corporation, challenged the order of the Industrial Court dated 17/9/1999, which reversed the Labou...

High Court

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.

24 Jun 2005

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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