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Gujarat High Court Allows Employer's Petition in Industrial Dispute Case, Quashes Reinstatement Orders. Labour Court Failed to Consider Evidence of Voluntary Abandonment of Employment Under Industrial Disputes Act, 1947.

The petitioner, Mother Dairy Fruit and Vegetable Pvt Ltd, filed five Special Civil Applications under Articles 226 and 227 of the Constitution of Indi...

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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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Supreme Court Upholds Reinstatement and Regularization of Retrenched Casual Workers in Food Corporation of India — Retrenchment Void Under Section 25F of Industrial Disputes Act, 1947. Back wages restricted to 75% due to long gap in service.

The case involves an industrial dispute raised by the Executive Staff Union of Food Corporation of India on behalf of 21 casual workers who were retre...

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Supreme Court Allows Appeal of Daily Wage Employees in Industrial Disputes Act Case, Reinstating Tribunal Award. Termination Without Section 25F Compliance Held Void Regardless of Appointment Irregularity Under Industrial Disputes Act, 1947.

The dispute originated from the termination of daily wage non-teaching staff at Sree Sankaracharya University of Sanskrit. The employees were initiall...

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Supreme Court Quashes Reinstatement Order in Industrial Dispute Due to Tribunal's Excessive Interference. Tribunal Erred by Applying Criminal Standard of Proof and Revisiting Evidence De Novo Under Section 11A of Industrial Disputes Act, 1947, Contrary to Limited Scope of Judicial Review.

The dispute arose from the dismissal of a workman, R.C. Srivastava, by Standard Chartered Bank following a domestic enquiry into allegations of miscon...

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Supreme Court Upholds Labour Court Award in VSS Dispute — NMR Workers Found to Have Been Coerced into Voluntary Separation Scheme. The Court confirmed reinstatement with 70% back-wages under Section 33A of the Industrial Disputes Act, 1947, finding no perversity in the concurrent findings of fact.

The case arose from a dispute between the General Manager, Electrical Rengali Hydro Electric Project, Orissa (appellant) and 90 NMR workers (responden...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Back Wages for Termination of Probationer Without Inquiry. Automatic Termination Clause in Appointment Letter Held Invalid as Termination Was Stigmatic and Required Domestic Inquiry Under Industrial Disputes Act, 1947.

The petitioner, WIKA Instruments India Pvt. Ltd., challenged the judgment and award of the Labour Court dated 14 November 2011, which held that the te...

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Bombay High Court Allows State's Petition Challenging Reinstatement of Daily-Wager — No Evidence of Section 25G Violation. Labour Court's finding of continuous service under Section 25B of Industrial Disputes Act, 1947 upheld, but reinstatement set aside for lack of proof that juniors were retained.

The State of Maharashtra, through the Executive Engineer, P.W.D. (North), Jalgaon, filed a writ petition challenging the Award dated 5.4.1994 passed b...

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Bombay High Court Dismisses Petition Challenging EPF Attachment Over SFC Sale Property. Section 11(2) of EPF Act, 1952 creates overriding first charge on assets, enforceable against purchaser in SFC sale, not limited to insolvency or winding up.

The petitioner, M/s. Indus Agro Products, was a purchaser in a sale conducted by the State Financial Corporation under the State Financial Corporation...