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Bombay High Court Dismisses Employer's Petition and Allows Workmen's Petition in Gratuity and Bonus Dispute. Employer's Liability Under Payment of Gratuity Act, 1972 and Industrial Disputes Act, 1947 Continues Despite Partnership Dissolution and Court Receivership.

The judgment involves two connected writ petitions arising from the same factual matrix concerning a partnership firm, Daulatram Dyeing and Bleaching ...

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Supreme Court Allows Appeal in Arbitration Case by Restoring Arbitral Award. High Court's Setting Aside of Award Under Section 37(1)(c) of Arbitration and Conciliation Act, 1996 Found Erroneous as It Exceeded Scope of Judicial Review.

The Supreme Court of India heard a civil appeal arising from a dispute between PSA Sical Terminals Pvt. Ltd., the appellant, and The Board of Trustees...

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Bombay High Court Dismisses Retired Railway Employee's Petition for Transfer of Quarters to Son. Transfer of Railway Quarters from Retiring Employee to Son is Not a Matter of Right but Subject to Administrative Policy and Availability.

The petitioner, A.M. Attar, was a guard in the Central Railway who retired on 28 February 1997. He was allotted railway quarters at Byculla, Mumbai. H...

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Bombay High Court Dismisses Bank's Petition Seeking Priority Over Sales Tax Dues. Sales Tax Department's First Charge Under Section 38C of Bombay Sales Tax Act, 1959 Prevails Over Secured Creditor's Rights Under Securitisation Act, 2002.

The Thane Janata Sahakari Bank Ltd. (the Bank) filed a writ petition challenging the action of the Sales Tax Department in attaching the property of M...

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Bombay High Court Dismisses Petition Challenging EPF Attachment Over SFC Sale Property. Section 11(2) of EPF Act, 1952 creates overriding first charge on assets, enforceable against purchaser in SFC sale, not limited to insolvency or winding up.

The petitioner, M/s. Indus Agro Products, was a purchaser in a sale conducted by the State Financial Corporation under the State Financial Corporation...

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Supreme Court Dismisses Bank's Appeal in Pension Dispute Under Bipartite Settlement and Pension Regulations. Employee Removed for Misconduct Entitled to Pension as Appellate Order Granting Terminal Benefits Attained Finality and He Completed Minimum Pensionable Service.

The dispute arose from the removal of an employee from service by United Commercial Bank following a disciplinary enquiry that found him guilty of rio...

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Bombay High Court Allows Petition of Retired Employee Against MHADA for Withholding Terminal Benefits Due to Pending Criminal Proceedings. Court Holds That Absence of Enabling Rule and No Disciplinary Proceedings During Service Render Withholding Illegal.

The petitioner, Narayan G. Mahajan, retired as Executive Engineer from the Maharashtra Housing & Area Development Authority (MHADA) on 31.02.2011. His...

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Bombay High Court Allows Retired Employee's Petition for Terminal Dues Despite Pending Departmental Enquiry Initiated After Retirement. Employer's failure to conclude enquiry within reasonable time disentitles it from withholding retirement benefits under Maharashtra Civil Services (Pension) Rules, 1982.

The petitioner, Dattatreya Mahadev Pusalekar, retired as Assistant Manager from the Maharashtra Small Scale Industries Development Corporation on 30-1...