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Bombay High Court Quashes Industrial Court Order Directing Deposit of Gratuity in Termination Challenge — Payment of Gratuity Act, 1972 Does Not Require Deposit of Gratuity Received as Condition for Adjudication of Termination Dispute

The petitioner, Sheikh Mehmood, was employed as a Typist with respondent Nos.1 and 2 (M/s Universal Medikit Private Ltd. and its Chairman) from 29 Jul...

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Bombay High Court Dismisses Employer's Challenge to Industrial Court Orders in Newspaper Employee Reinstatement Cases — Held that Workmen are Entitled to Reinstatement with Continuity of Service and Back Wages for Unfair Labour Practices Under MRTU & PULP Act, 1971.

The judgment involves a batch of writ petitions filed by Lokmat Media Private Limited (formerly Lokmat Newspapers Private Limited) challenging orders ...

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Bombay High Court Dismisses Petition Challenging Industrial Tribunal Award Declaring Contract Labour as Direct Employees. Contracts for supply of labour found to be sham and bogus, workmen held entitled to direct employment with all benefits under Industrial Disputes Act, 1947.

The petitioner, M/s Prabha Engineering Pvt. Ltd., an engineering company manufacturing automobile parts, challenged an award of the Industrial Tribuna...

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Bombay High Court Upholds Industrial Tribunal Award Reinstating Contract Workers as Regular Employees of Gulf Air Company. Contract Labour System Found to be a Sham Designed to Avoid Liability Under Industrial Disputes Act, 1947.

The case involves two writ petitions arising from an award of the Industrial Tribunal dated 23rd May 2006 in Reference CGIT 20 of 2001. The Central Go...

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Bombay High Court Dismisses Employer's Challenge to Labour Court Award of Reinstatement with Continuity and Back Wages for 19 Workmen. Workmen's Writ Petition for Full Back Wages Allowed in Part, Reducing Back Wages to 50%.

The judgment concerns two writ petitions arising from a common award of the Labour Court, Aurangabad, in Reference (IDA) No. 10/2012. The first petiti...

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Bombay High Court Allows Gratuity Claim of Retired Employee Despite Pending Regularization and Post-Retirement Chargesheet. Continuous Service of 22 Years Entitles Employee to Gratuity Under Payment of Gratuity Act, 1972, Irrespective of Alleged Overage at Joining.

The petitioner, Balvant Mohan Badve, a retired Civil Engineer, joined the Ahmednagar Municipal Corporation on 07/09/1985 and superannuated on 01/04/20...

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Bombay High Court Dismisses Petition Challenging Labour Court Award in Industrial Dispute. Burden of Proof for Employer-Employee Relationship Lies on the Person Asserting It, Not on the Employer.

The petitioner, Smt. Nirtubai w/o Jayantilal Mahule, challenged the Award dated 7-12-2011 passed by the Labour Court, Gondia, in Reference (IDA) No. 0...

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WRIT PETITION NO.6789 OF 2016

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