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Bombay High Court Allows Workmen's Restoration Application in Unfair Labour Practice Complaint Against Bajaj Auto Limited. Industrial Court's Rejection on Merits Set Aside, Matter Remanded for Fresh Consideration.

The judgment concerns two writ petitions arising from an order dated 19.01.2011 passed by the Industrial Court, Aurangabad. The petitioners in Writ Pe...

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Supreme Court Allows Union of India's Appeal Against Armed Forces Tribunal's Interference with Censure Punishment. The Court Held That the Tribunal Cannot Substitute Its Own Discretion for That of the Competent Authority in Awarding Censure Merely Because Different Forms of Censure Exist.

The Supreme Court allowed the appeal filed by the Union of India against the judgment of the Armed Forces Tribunal, Principal Bench, New Delhi. The re...

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Madras High Court Considers Appeal Against Order Setting Aside Arbitral Award in Berth Reservation Dispute. Court Examines Whether the Claim Was Barred by Limitation and Whether the Award Was Patently Illegal Under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.

The judgment of the Madras High Court in OSA (CAD) No. 39 of 2021 involved an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, a...

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Supreme Court Allows Appeal in Arbitration Dispute Over Fermentation Plant Performance Guarantee. Court Restores Arbitral Award for Rs.68.15 Lakhs as Damages for Non-Performing Machinery, Holding That Such Claim Is Separate from Liquidated Damages and Not Barred by Section 74 of the Contract Act.

The dispute arose from an agreement dated 17th November 1992 between Sahakarmaharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. (appellant) and Th...

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Supreme Court Partially Allows Appeal in Arbitration Dispute Over Construction of World's Highest Railway Bridge. Division Bench's Interference with Concurrent Findings of Arbitral Tribunal and Single Judge Set Aside for Exceeding Section 37 Scope.

The appeal arises from a dispute between Konkan Railway Corporation Limited (appellant) and Chenab Bridge Project Undertaking (respondent) concerning ...

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Bombay High Court Allows Petition to Set Aside Termination of Arbitral Proceedings and Constitute New Arbitral Tribunal Under Sections 9 and 14 of Arbitration and Conciliation Act, 1996 — Delay Condoned Due to Sufficient Cause Shown by Legal Heirs of Deceased Partner.

The petitioners, Neeta Lalit Sanghavi and Hemanshu Lalit Sanghavi, are the legal heirs of the deceased partner, Lalitkumar Vanmalidas Sanghavi. They f...

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Bombay High Court Quashes Industrial Tribunal Award in Closure Dispute — Burden of Proof Misplaced. Employer's Failure to Rebut Union's Claim Does Not Shift Burden of Proving Workman Status Under Section 25-O of Industrial Disputes Act, 1947.

The petitioner, Siemens Ltd., challenged an award dated 2nd November 2018 passed by the Industrial Tribunal, Aurangabad in Reference (IT) No. 08 of 20...

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Bombay High Court Allows Employer's Appeal in Industrial Dispute Case Due to Unexplained Delay and Prejudice. The court held that stale claims should not be entertained and that writ courts should not re-appreciate evidence.

The case involves an appeal by Western Coalfields Ltd. (employer) against a judgment of a learned Single Judge of the Bombay High Court, which allowed...