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Bombay High Court Allows Writ Petition in Part in Unfair Labour Practice Case — Reinstatement Upheld but Back Wages Denied. Termination without proper inquiry constituted unfair labour practice under MRTU and PULP Act, but employee's habitual absenteeism justified denial of back wages.

The Petitioner, Dattaprasad Narayan Kulkarni, was employed as a Technical Officer with M/s. Auchtel Products Ltd. (formerly Henkel Chemicals (I) Ltd.)...

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Bombay High Court Upholds Termination of Workman for Habitual Absenteeism in Industrial Dispute — Labour Court's Findings of Misconduct and Fair Enquiry Not Interfered With Under Articles 226 and 227 of the Constitution of India.

The petitioner, Dhananjay S. Kamodkar, was employed as an Operator with M/s. Motor Industries Company Ltd. (the respondent) from 1990. Between 1998 an...

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Bombay High Court Dismisses Petition of Bus Driver Challenging Dismissal for Unauthorized Absenteeism. Concurrent Findings of Labour Court and Industrial Court That Enquiry Was Fair and Punishment Proportionate Upheld Under Article 227.

The petitioner, Nijam Mohamad Mulani, was employed as a bus driver with the Pune Mahanagar Pariwahan Mahamandal Ltd. from 30 November 1991. On 19 Apri...

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Bombay High Court Dismisses Petition Challenging Labour Court's Preliminary Finding on Fairness of Domestic Enquiry in Service Dispute. Enquiry Not Vitiated by Alleged Victimization or Bias as Labour Court's Decision Was Based on Evidence and Not Perverse.

The petitioner, Shri Tanaji Shankar Anuse, was employed as a Junior Clerk by the respondent, Maharashtra Rajya Doodh Sahakari Mahasangh Maahanand Dudh...

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Bombay High Court Dismisses Petition by Education Society Challenging College Tribunal Order of Reinstatement. Termination of Assistant Professor Without Inquiry Held Illegal Under Section 59 of Maharashtra University Acts, 1994.

The petitioners, Senapati Prataprao Gujar Education Society and Raja Shivchhatrapati Arts and Commerce College, challenged the order dated 30/6/2016 p...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Probationer Teacher. Rule 16(2) of MEPS Rules Mandates Notice Before Concluding Voluntary Abandonment of Employment.

The petitioner, Magasvargiya Shikshan Sanstha, a school management, challenged the judgment and order dated 24.9.2015 of the School Tribunal, Aurangab...

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Bombay High Court Dismisses Petition by Cooperative Society Against Labour Court Order Reinstating Vendor with Back Wages. Chronic Absenteeism Not Proven as Employer Failed to Conduct Proper Inquiry Under Industrial Disputes Act.

The petitioner, Larsen and Toubro Grahak Sahakari Sanstha Maryadeet, a consumer cooperative society registered under the Maharashtra Cooperative Socie...

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Bombay High Court Upholds Dismissal of Workman for Habitual Absenteeism in MRTU and PULP Act Complaint. Concurrent findings of fact by Labour Court and Industrial Court not interfered with under writ jurisdiction as no perversity or violation of natural justice established.

The petitioner, Francis Xavier, was employed by M/s. Magna Graphics (I) Pvt. Ltd. and was dismissed on 24 August 1995 for habitual absenteeism. He cha...