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Bombay High Court Quashes Industrial Court Remand Order in MRTU & PULP Act Case — Maintainability of Complaint Must Be Decided on Merits Without Remand. Relationship of Employer-Employee Must Be Admitted or Undisputed for Complaint Under Section 28 of MRTU & PULP Act to Be Maintainable.

The petitioners, employees of the Forest Department, filed Complaint (ULP) 13/2010 before the Labour Court, Yavatmal, alleging unfair labour practices...

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High Court of Bombay Dismisses Arbitration Petition in Interest on Security Deposit Dispute. Contractual Bar on Interest and Non-Applicability of Section 31(7)(a) Arbitration Act Renders Claim Unsustainable; Arbitrator’s Finding on Evidence Upheld.

The dispute arose from an agreement dated 30 December 1996 between the petitioner, M/s. Mascon Multiservices & Consultants Pvt. Ltd., and the responde...

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Bombay High Court Dismisses Petition Challenging Reference Under Section 10(1) of Industrial Disputes Act at Instance of Unrecognized Union. Contract Labour Workmen Can Raise Industrial Dispute Through Any Union, Recognized or Not, Under Section 10(1) of Industrial Disputes Act, 1947.

The petitioner, Bharat Forge Limited, a company engaged in manufacturing forgings, challenged the validity of a reference made by the Additional Commi...

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Bombay High Court Dismisses Union's Petition Challenging Labour Court Award Denying Reinstatement of Workman. Domestic Inquiry Held Fair and Punishment of Dismissal Upheld as Not Disproportionate Under Section 11A of Industrial Disputes Act, 1947.

The petitioner, Maharashtra General Kamgar Union, a registered trade union, challenged the Award dated 8th April 1994 (Part-I) and Award dated 7th Apr...

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Bombay High Court Upholds Industrial Tribunal Award of Reinstatement with Back Wages for Workman Dismissed Without Domestic Inquiry. Employer's Challenge Dismissed as Tribunal Correctly Found Termination Illegal for Non-Compliance with Section 33(2)(b) of Industrial Disputes Act, 1947.

The judgment arises from two cross writ petitions: one by Bharat Petroleum Corporation Ltd. (BPCL) challenging an Industrial Tribunal award dated 30 A...

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Bombay High Court Restrains Encashment of Bank Guarantee in Arbitration Dispute Between Contractor and Sub-Contractor. Court finds that invocation of bank guarantee was fraudulent and would cause irretrievable injustice to the petitioner.

The petitioner, Simplex Infrastructure Limited, a civil and structural construction company, entered into a sub-contract with respondent No. 1, Siemen...