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Bombay High Court Upholds Industrial Court's Order Granting Permanency to Fixed-Term Security Guard in Saudi Arabian Airlines Case. Fixed-term employment found to be a camouflage to deny permanency benefits under MRTU & PULP Act.

The appellant, Saudi Arabian Airlines, engaged the respondent workman as a Security Guard on a fixed-term contract from 1st October 1989 for two years...

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Bombay High Court Upholds Termination of Workman for Slapping Superior Officer in HPCL Case. Physical assault on superior constitutes grave misconduct warranting dismissal, and Tribunal's reduction of punishment to stoppage of one increment is perverse and shocks judicial conscience.

The case involves cross petitions by Hindustan Petroleum Corporation Limited (HPCL) and its workman, Mavji Jethalal Rathod, challenging an Award dated...

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Bombay High Court Allows Appeal of Workman in Railway Termination Case — Reinstatement with Back Wages Upheld. Continuous Service Requirement Under Section 25B of Industrial Disputes Act, 1947 Satisfied Despite Intermittent Breaks.

The appellant, Shri Jairaj N. Shetty, was employed as a Casual Cook in the Catering Section of the Commercial Department, Central Railway, Mumbai V.T....

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Bombay High Court Dismisses Petition Challenging Industrial Court Order for Reinstatement with Full Back Wages. Termination of Workmen Held to Be Colourable Exercise of Employer's Rights and Victimization Under Industrial Disputes Act, 1947.

The petitioner, Anglo French Drugs & Industries Ltd., challenged an order of the Industrial Court dated 11th April 2002, which allowed a revision appl...

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Bombay High Court Allows Writ Petition in Part in Unfair Labour Practice Case — Reinstatement Upheld but Back Wages Denied. Termination without proper inquiry constituted unfair labour practice under MRTU and PULP Act, but employee's habitual absenteeism justified denial of back wages.

The Petitioner, Dattaprasad Narayan Kulkarni, was employed as a Technical Officer with M/s. Auchtel Products Ltd. (formerly Henkel Chemicals (I) Ltd.)...

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Bombay High Court Allows Back Wages for Employee in Faulty Enquiry Case. Employer Directed to Pay Full Back Wages from Termination to Reinstatement Despite Option for De Novo Enquiry.

The petitioner, Manohar Pandit Marathe, was an employee of Sharda Vidya Prasarak Mandal. He was terminated from service on 20/01/2009. He challenged t...

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Bombay High Court Dismisses Arbitration Petition for Lack of Jurisdiction in Hotel Agreement Termination Dispute. Court holds that no part of cause of action arose within its territorial jurisdiction under Section 9 of the Arbitration and Conciliation Act, 1996.

The petitioner, Rockwood Hotels & Resorts Limited, a company with its registered office in Mumbai, filed a petition under Section 9 of the Arbitration...

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Gujarat High Court Allows Appeal in Service Matter — Reinstates Daily Wager with Continuity and 50% Back Wages. Termination of a daily wager without following Section 25F of the Industrial Disputes Act, 1947 held illegal, and denial of back wages without valid reasons is unsustainable.

The appellant, Gaurang Krushnakumar Pathak, was employed as a daily wager with the respondent authorities. His services were terminated without follow...

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Bombay High Court Upholds Compensation Over Reinstatement for Daily Wage Employee in Unfair Labour Practice Case. Refusal of reinstatement and back wages upheld as employee worked only for 4 years and compensation of Rs. 25,000 deemed adequate under MRTU & PULP Act, 1971.

The petitioner, Jagdish s/o Karuji Bombarde, was a daily wage employee of the Municipal Council, Tumsar. He was appointed in February 1997, transferre...

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Bombay High Court Upholds Reinstatement of Anganwadi Sevika with Full Back Wages in Termination Dispute. Industrial Court's Revision Order Restoring Continuity and Back Wages Upheld as Termination Found Unjustified Under Industrial Disputes Act, 1947.

The petitioners, the Zilla Parishad and the Child Development Project Officer, challenged the judgment of the Industrial Court dated 17/09/2013 in Rev...