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Bombay High Court Upholds Dismissal of Employee for Gherao and Misconduct in Industrial Dispute Case. Employee's participation in gherao and shouting of slogans against management held to be misconduct under Standing Orders, and dismissal not disproportionate.

The appellant, Shri Sahil Khan, was one of seven employees of M/s Hashmat & Company who were charge-sheeted on 8.2.1992 for misconduct. The charge all...

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Bombay High Court Allows Employer's Petition in Gratuity Dispute — Holds That Dismissal for Disorderly Behaviour Under Model Standing Orders 22(a) and 22(l) Constitutes 'Disorderly Conduct' Under Section 4(6)(b)(i) of Payment of Gratuity Act, 1972, Disentitling Employee to Gratuity.

The petitioner, Jaya Hind Industries Ltd., employed the respondent, Vilas Vithalrao Takale, as a Clerk. Two charge sheets were issued to the responden...

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Bombay High Court Upholds Labour Court's Compensation Award in Industrial Dispute Over Illegal Strike and Misconduct. Dismissal of Workman Found Shockingly Disproportionate; Reinstatement Denied Due to Loss of Confidence.

The judgment concerns two writ petitions arising from an industrial dispute between workman Mahendra K. Raut and his employer M/s. Gopalanand Rasayan....

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Bombay High Court Allows Employer's Petition, Upholds Dismissal of Workman for Assaulting Co-Employee. Disciplinary Enquiry Found Fair and Punishment of Dismissal Not Disproportionate Under Model Standing Orders.

The petitioner, Elder Pharmaceuticals Ltd., challenged the order of the Industrial Court which upheld the Labour Court's decision setting aside the di...

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Bombay High Court Upholds Dismissal of Workman for Instigating Illegal Strike and Insubordination. Labour Court's Award of Reinstatement Set Aside as Enquiry Was Fair and Findings of Misconduct Were Not Perverse.

The petitioner, Maharashtra General Kamgar Union, filed a writ petition challenging the award of the Labour Court dated 15th September 2001 in a refer...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court's Declaration of Perverse Findings in Disciplinary Enquiry. Labour Court's Power to Reappreciate Evidence Under Section 11A of Industrial Disputes Act, 1947 Upheld Where Enquiry Findings Are Not Supported by Evidence.

The petitioner, Tata Infomedia Limited (formerly Tata Press Limited), challenged an order of the Labour Court at Mumbai dated 23rd October 2001. The L...

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Bombay High Court Upholds Dismissal of Employee in Disciplinary Proceedings for Misconduct. Court holds that findings of domestic enquiry are not perverse and punishment is proportionate.

The petitioner, TCE Consulting Engineers Ltd., challenged the order of the Industrial Court which set aside the dismissal of the first respondent, Dil...

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Bombay High Court Quashes Suspension of Employee in MSRTC Case — Employer Cannot Suspend Without Considering Employee's Explanation. Suspension Order Set Aside as Charge-Sheet Was Issued Without Affording Opportunity of Hearing Under Standing Orders.

The petitioner, Sachin Charlus Mirpagar, was employed as a Junior Assistant with the Maharashtra State Road Transport Corporation (MSRTC). In 2006, he...