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Bombay High Court Considers Cross-Petitions Against Labour Court Awards Awarding Compensation to Workmen Dismissed After Strike; Maintainability of Reference Under Industrial Disputes Act and Proportionality of Punishment Examined.

The matter involved cross writ petitions arising from Labour Court awards concerning the dismissal of workmen employed by Haldyn Glass Limited. In the...

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Bombay High Court Dismisses Petition Challenging Dismissal Order Under Article 311(2) Second Proviso (b) of Constitution of India — Subsequent Acquittal Does Not Revive Stale Challenge. Dismissal Order Based on Conviction Attained Finality; Petition Dismissed as Stale.

The petitioner, Satish L. Gawte, was dismissed from service by order dated 7 October 1998 under Article 311(2) second proviso (b) of the Constitution ...

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Supreme Court Upholds Dismissal of Scientist Without Inquiry in Interest of Security of State. Dismissal under Article 311(2)(c) of Constitution and Rule 14 of CCS (CCA) Rules, 1965 Upheld as Procedural Safeguards Not Applicable Where Security of State is Involved.

The appellant, Dr. V.R. Sanal Kumar, was a Scientist/Engineer in the Vikram Sarabhai Space Centre (VSSC), a unit of the Indian Space Research Organisa...

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Bombay High Court Allows Petition of Federation Against Labour Court Order in Unfair Labour Practice Case — Workman Status Denied Due to Supervisory Role. Respondent's designation as Centre In-charge with supervisory duties excluded him from definition of 'workman' under Industrial Disputes Act, 1947.

The case involves a writ petition filed by the Maharashtra Rajya Sahakari Kapus Utpadak Panan Mahasangh Maryadit (the Federation) challenging the orde...

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Bombay High Court Dismisses Employer's Petition Challenging Reinstatement of Employees in Industrial Dispute Under Bombay Industrial Relations Act, 1946. Employer Failed to Prove Voluntary Abandonment of Service; Termination Without Specific Order Held Illegal.

The petitioner, M/s. Empire Dyeing, a textile processing company, filed a writ petition under Article 226 of the Constitution of India challenging a c...

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Bombay High Court Dismisses Employer's Petition Challenging Reinstatement of Workman in Unfair Labour Practice Case. Labour Court's finding of illegal termination and award of 25% back wages upheld as not perverse.

The petitioner, Hartex Tubes Pvt. Ltd., challenged the judgment of the First Labour Court, Nagpur, dated 26.2.2007, which declared the dismissal of re...

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Bombay High Court Allows Writ Petition Challenging Internal Complaints Committee Report in Sexual Harassment Case — Violation of Natural Justice and Vishaka Guidelines. Committee Constituted Without Independent Member and Proceedings Conducted Without Proper Opportunity of Hearing to Complainant.

The petitioner, Vidya Akhave, an employee of IFCI Ltd., filed a complaint of sexual harassment against respondent No.2, Suneet Shukla. An Internal Com...

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Bombay High Court Upholds Government's Power to Issue Directions to Appellate Authority Under MHADA Act — Directions Issued Under Section 164 of the Maharashtra Housing and Area Development Act Are Binding on Appellate Authority

The judgment concerns two writ petitions filed by employees of the Maharashtra Housing and Area Development Authority (MHADA) challenging disciplinary...