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Bombay High Court Modifies Labour Court Award in MSRTC Employee Back Wages Case — Full Back Wages Reduced to 50% Due to Employee's Laches and Delay in Prosecuting Remedy. Employee's removal under unconstitutional regulation did not automatically entitle full back wages; conduct and delay relevant.

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the Labour Court's award dated 18/10/2008 in IDA Reference No. 4/2007...

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Bombay High Court Upholds Reinstatement Order with Modified Back Wages in Industrial Dispute — Workman's Union Activities Led to Dismissal; Labour Court's Order Upheld with 80% Back Wages.

The judgment arises from cross writ petitions challenging an order dated 25th March 1998 passed by the First Labour Court, Bombay, in Reference (IDA) ...

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Bombay High Court Dismisses Bank's Writ Petitions Challenging Labour Court's Finding of Perverse Enquiry Findings. Evidence in Domestic Enquiry Must Be Sworn on Oath Before Competent Authority; Unsworn Written Statement Renders Findings Perverse Under Section 28 of MRTU and PULP Act, 1971.

The petitioner, M/s Siddheshwar Urban Coop. Bank Ltd., filed two writ petitions challenging the Part I orders of the Labour Court at Aurangabad. The r...

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Supreme Court Upholds Dismissal of CRPF Head Constable for Negligent Handling of Weapon Causing Death of Colleague. Acquittal in Criminal Case Does Not Vitiate Disciplinary Proceeding Based on Preponderance of Probabilities.

The first respondent, Sitaram Mishra, was a Head Constable in the CRPF. On 18 February 1998, while cleaning his loaded 9 MM carbine in the barracks wi...

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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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High Court Allows Writ Petition for Retirement Benefits and Back Wages After Conviction Quashed -- Dismissal Based on Conviction Set Aside Entitles Employee to Notional Continuity and Full Benefits Under Constitution of India

The petitioner, was dismissed from service as a Gram Sevak-Clerk on 13.01.2012 based solely on a conviction by the Trial Court, without any department...

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Supreme Court Allows State Appeal in Police Constable Dismissal Case — Reinstates Dismissal Despite Criminal Acquittal. Standard of Proof in Disciplinary Proceedings is Preponderance of Probabilities, Not Beyond Reasonable Doubt.

The appeal arises from a judgment of the Division Bench of the Rajasthan High Court which set aside the dismissal of the respondent, a police constabl...