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Supreme Court

Supreme Court Upholds Assistant Professors' Promotion Under DACP Scheme Against Statutory Corporation's Recruitment Regulations. Promotion Governed by DACP Scheme as ESIC Regulations Issued Without Prior Central Government Approval Under Section 17(2)(a) of Employees' State Insurance Act, 1948.

20 Jan 2022

The dispute arose from the promotion of Assistant Professors employed by the Employees' State Insurance Corporation (ESIC) to the post of Associate Pr...

Supreme Court

Supreme Court Quashes Mandamus Directing Acceptance of Basic Tax on Vested Forest Land - Kerala Land Tax Act, 1961 and Kerala Private Forests (Vesting and Assignment) Act, 1971. The Court held that writ of mandamus cannot be issued to establish rights over land vested with government under Section 3 of Kerala Private Forests (Vesting and Assignment) Act, 1971, where respondents' purchase certificates were cancelled and civil jurisdiction barred under Section 13.

19 Jan 2022

The dispute arose from conflicting claims over land in Naduvil village, Kerala, involving the Village Officer, Kannur District, and others as appellan...

Supreme Court

Supreme Court Quashes High Court's Interim Order in SARFAESI Act Case as Writ Petition Against Private Asset Reconstruction Company Not Maintainable. The Court held that writ jurisdiction under Article 226 of the Constitution of India does not lie against a private ARC, and the proper remedy is an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

12 Jan 2022

The dispute arose from writ petitions filed by borrowers, Vishwa Bharati Vidya Mandir and St. Ann's Education Society, against Phoenix ARC Private Lim...

Supreme Court

Supreme Court Upholds Retired Employees in Cooperative Bank Pension Dispute - Pension Scheme Cannot Be Unilaterally Discontinued After Employees Have Opted and Availed Benefits Under Punjab State Cooperative Agricultural Development Banks Employees Pension, Family Pension and General Provident Fund Rules, 1989. The Court held that pension is a deferred wage and accrued right, and amendments to service rules under Section 84A(2) of Punjab Cooperative Societies Act, 1961 must be prospective, protecting employees' legitimate expectations.

11 Jan 2022

The dispute arose from the Punjab State Cooperative Agricultural Development Bank Ltd.'s decision to discontinue a pension scheme introduced in 1989 f...

Supreme Court

Supreme Court Allows State's Appeal Against High Court Order Granting Pensionary Benefits to Employees of Autonomous Society. Denial of Pension Does Not Violate Article 14 as Employees of Society Registered Under Societies Registration Act, 1860 Are Not Similarly Situated to Government Employees Under Specific Service Rules Excluding Pension.

10 Jan 2022

The dispute arose from the State of Maharashtra's refusal to extend pensionary benefits to employees of the Water and Land Management Institute (WALMI...

Supreme Court

Supreme Court Dismisses State's Appeal in Electricity Duty Exemption Case for Charitable Educational Institutions. The Court upheld the High Court's decision that charitable education institutions registered under the Maharashtra Public Trusts Act, 1950 are exempt from payment of electricity duty under Section 3(2)(iii) of the Maharashtra Electricity Duty Act, 2016, interpreting the provision to avoid absurdity and uphold Article 14 of the Constitution.

7 Jan 2022

The dispute arose from the State of Maharashtra's appeal against a High Court judgment that exempted charitable educational institutions from payment ...

Supreme Court

Supreme Court Dismisses Appeals in Terminal Excise Duty Refund Dispute Under Foreign Trade Policy. Export Oriented Units Not Entitled to Refund as Procurement from Domestic Tariff Area Units Was Ab Initio Exempt from Excise Duty Under Paragraphs 6.2(b) and 6.11(c)(ii) of Foreign Trade Policy, 2009-2014.

4 Jan 2022

The dispute involved appeals by Export Oriented Units (EOUs) challenging the refusal of refund claims for Terminal Excise Duty (TED) paid on excisable...

Supreme Court

Supreme Court Allows Bank's Appeal in Disciplinary Proceedings Over Defence Representative Eligibility. The Court held that service regulations and handbook provisions restricting defence representatives to serving employees must be upheld, and permitting retired employees as representatives is not permissible under the governing rules.

4 Jan 2022

The dispute arose from a departmental inquiry initiated by Rajasthan Marudhara Gramin Bank against an employee, who was working as Cashier-cum-Clerk a...

Supreme Court

Supreme Court Allows Employer's Appeal in Industrial Dispute Over Driver's Dismissal for Rash Driving Causing Deaths. Dismissal Upheld as Not Disproportionate or Unfair Labour Practice Under Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Schedule IV, Item 1(g), Despite Acquittal in Criminal Case Under Sections 279 and 304A IPC.

3 Jan 2022

The dispute arose from the dismissal of a driver employed by the Maharashtra State Road Transport Corporation (MSRTC) following a departmental enquiry...

Supreme Court

Supreme Court Dismisses Appeals of Daily Wagers Seeking Higher Pay Scale from Gujarat Water Supply Board. Board's Non-Adoption of Subsequent Government Resolutions Precludes Entitlement to Pay Scale of Rs.950-1500.

17 Dec 2021

The Supreme Court dismissed appeals by daily rated employees of the Gujarat Water Supply and Sewerage Board, challenging the High Court's decision tha...

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