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Bombay High Court Allows Appeal by Bank in Unfair Labour Practice Case — Reinstatement of Daily Wager Denied Due to Lack of Continuous Service. Employee failed to prove 240 days of continuous service in preceding year, disentitling him to protection under Section 25F of Industrial Disputes Act, 1947.

The present Letters Patent Appeal was filed by the Nagpur District Central Co-operative Bank Ltd. (the appellant) challenging the judgment of a learne...

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Supreme Court Dismisses Employer's Section 11(6) Petition as Abuse of Process in Wage and Termination Dispute — Disputes Under Payment of Wages Act and Industrial Disputes Act Held Non-Arbitrable.

The appellant, Dushyant Janbandhu, was employed as an Assistant Manager by M/S Hyundai AutoEver India Pvt. Ltd. from 15 March 2019. During the COVID-1...

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Supreme Court Partly Allows Management’s Appeal, Confirms Ex-Gratia Bonus for Workmen but Declares Strike Unjustified. Agreement Under Section 34(3) of Payment of Bonus Act, 1965, Formed by Communication of Cabinet Decision; Strike During Conciliation Devoid of Justification.

The appeal arose from an industrial dispute between the Management of Fertilizer Corporation of India, a Central Government undertaking, and its workm...

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Bombay High Court Dismisses MSRTC Petition Challenging Industrial Court Order Quashing Recovery Notices for Excess Wages Paid to Employees. Recovery of wages paid under mistake of law held impermissible without prior notice and opportunity of hearing.

The Maharashtra State Road Transport Corporation (MSRTC) filed a writ petition challenging an order dated 30/09/2005 passed by the Industrial Court, L...

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Supreme Court Upholds Labour Court Award in VSS Dispute — NMR Workers Found to Have Been Coerced into Voluntary Separation Scheme. The Court confirmed reinstatement with 70% back-wages under Section 33A of the Industrial Disputes Act, 1947, finding no perversity in the concurrent findings of fact.

The case arose from a dispute between the General Manager, Electrical Rengali Hydro Electric Project, Orissa (appellant) and 90 NMR workers (responden...

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High Court Upholds Award Directing Absorption of Contract Workers as Permanent Employees. Tribunal's Finding of Sham Contract Upheld as Workers Were Directly Supervised and Paid by Principal Employer Under CLRA Act, 1970.

The Airports Authority of India (AAI), a statutory body, filed a writ petition under Article 226 of the Constitution challenging the Award dated 26 Ma...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Back Wages for Termination of Probationer Without Inquiry. Automatic Termination Clause in Appointment Letter Held Invalid as Termination Was Stigmatic and Required Domestic Inquiry Under Industrial Disputes Act, 1947.

The petitioner, WIKA Instruments India Pvt. Ltd., challenged the judgment and award of the Labour Court dated 14 November 2011, which held that the te...

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High Court of Bombay Upholds Reinstatement of Bank Employee in Disciplinary Matter — Full Back Wages Awarded for Flawed Inquiry. Syndicate Bank's Dismissal of Clerk for Alleged Misconduct Set Aside as Inquiry Was Vitiated by Bias and Non-Supply of Documents.

The petitioner, Syndicate Bank, a nationalised bank, challenged the Part-I Award dated 28.5.2003 and Part-II Award dated 7.9.2010 passed by the Centra...