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High Court of Karnataka Quashes Industrial Tribunal Award Directing Regularization of 24 Workmen in National Aerospace Laboratories — Workmen Held Not Entitled to Regularization as They Were Employed by Contractor, Not Principal Employer.

The petitioner, Management of National Aerospace Laboratories (NAL), challenged the award dated 30-12-2005 of the Industrial Tribunal, Bengaluru in I....

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Bombay High Court Upholds Compulsory Retirement of Employee for Habitual Absence — Labour Court and Industrial Court Findings Not Perverse. Disciplinary Authority's Decision Based on Evidence of Misconduct Under Maharashtra Civil Services (Discipline & Appeal) Rules, 1979.

The petitioner, Arjun Kashinath Badade, was employed as a Chowkidar with the Water and Land Management Institute (WALMI) since 1984 and was granted pe...

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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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High Court of Karnataka Allows Workman's Petition for Full Back Wages in Industrial Dispute Case. Management Fails to Prove Alternative Employment, Workman Entitled to Full Back Wages Under Industrial Disputes Act, 1947.

The judgment arises from two writ petitions challenging an award dated 22.10.2013 passed by the I Additional Labour Court, Bengaluru in I.D.No.428/200...

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Bombay High Court Quashes Dismissal of Teacher Due to Procedural Lapses in Departmental Enquiry under MEPS Act. Non-payment of subsistence allowance and failure to follow statutory enquiry procedure vitiated the termination, violating principles of natural justice under MEPS Rules, 1981.

The matter concerned a challenge by a secondary school teacher to his termination by the management of a private school. The teacher was appointed on ...

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High Court of Bombay Adjudicates Section 34 Petition Against Partial Award on Existence of JEA. The petition challenges an arbitral tribunal's finding that an initialled but unsigned JEA was a valid contract containing an arbitration agreement under Section 7 of the Arbitration Act.

The petition arose out of a partial arbitral award dated January 9, 2014, passed under Section 16 of the Arbitration and Conciliation Act, 1996, which...

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Bombay High Court Upholds Industrial Court Order Setting Aside Dismissal of Union Leader for Victimization and Unfair Labour Practice. Employer's Failure to Conduct Fair Enquiry and Denial of Natural Justice Renders Dismissal Void Under MRTU & PULP Act, 1971.

The case involves two cross-petitions arising from an order of the Industrial Court dated 18th March 2002 in Revision Application (ULP) No. 43 of 2001...

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Bombay High Court Hears SEBI's Application to Recall Sanction of Composite Scheme in Fertilizers Merger Case. Securities Regulator Alleges Material Non-Disclosure and Accounting Violations in Scheme Involving Listed and Unlisted Companies Under Companies Act, 1956.

The Securities and Exchange Board of India (SEBI) filed applications on 21.02.2013 seeking recall of orders of the Bombay High Court dated 17.06.2011 ...

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Bombay High Court Considers Letters Patent Appeal Against Single Judge's Order in Retrenchment Dispute, Examining Scope of Industrial Tribunal's Jurisdiction. Key Issues Include Whether Tribunal Could Determine Legality Under Section 25F When Reference Limited to Justifiability of Retrenchment.

The appeal arose from an industrial dispute concerning the retrenchment of seven workmen by M/s DBH International Ltd., a clearing and forwarding agen...