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Appropriate Government for ARAI held to be State Government – Petitioner not deemed a ‘workman’ under Section 2(s) of the Industrial Disputes Act, 1947 – Petition dismissed

The petitioner’s supervisory and managerial functions disqualified him from being classified as a ‘workman.’ The nature of duties and responsib...

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Bombay High Court Dismisses Employer's Petition Challenging Industrial Court's Order Setting Aside Transfer as Unfair Labour Practice. Transfer of Employee After 28 Years of Service to Chennai Held Malafide and Without Justification Under Items 3 and 9 of Schedule IV of MRTU & PULP Act, 1971.

The petitioner, Sulzer Pumps India Private Limited, challenged the judgment of the Industrial Court, Thane, which declared that the employer had engag...

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Supreme Court Dismisses Employer's Appeals in Industrial Dispute Over Transfer Orders. Transfer Orders Declared Illegal for Violating Section 9A of Industrial Disputes Act, 1947 as They Constituted Illegal Change Without Notice and Altered Work Nature.

The dispute arose from transfer orders dated 13.01.2015 issued by Caparo Engineering India Ltd., the employer, transferring nine workmen from its Dewa...

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Bombay High Court Upholds Penalty Against Supervisor in Sexual Harassment Case Under Sexual Harassment of Women at Workplace Act, 2013 — Natural Justice Not Violated as Inquiry Committee Followed Due Process and Findings Were Not Perverse.

The petitioner, Milind Mamlekar, a supervisor in the Estate Section of Goa University, challenged the penalty imposed on him following a complaint of ...

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High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Inconsistent Evidence. Conviction under Section 7 and Section 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as demand and acceptance of bribe not proved beyond reasonable doubt.

The case involves an appeal against the conviction of Baliram Ghodke (since deceased, represented by legal heirs) under Sections 7 and 13(1)(d) read w...

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Bombay High Court at Goa Allows State Appeal Against Acquittal in Theft and Public Property Damage Case — Defective Investigation Cannot Be Sole Ground for Acquittal. Trial Court Must Appreciate Evidence Dehors Investigation Defects to Determine if Case is Made Out Against Accused.

The State of Goa appealed against the acquittal of Dadasaheb Rane, a market inspector of Bicholim Municipal Council (BMC), who was charged with theft ...

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Bombay High Court Upholds Labour Court's Finding that Senior Engineer and Engineering Assistant are Not Workmen under Industrial Disputes Act, 1947. Petitioners' Complaints under MRTU & PULP Act Dismissed as Not Maintainable Due to Lack of Workman Status.

The Bombay High Court dismissed two writ petitions challenging the Labour Court's orders dated 23rd July 1999, which held that the Petitioners were no...