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Appropriate Government for ARAI held to be State Government – Petitioner not deemed a ‘workman’ under Section 2(s) of the Industrial Disputes Act, 1947 – Petition dismissed

The petitioner’s supervisory and managerial functions disqualified him from being classified as a ‘workman.’ The nature of duties and responsib...

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Bombay High Court Dismisses Employer's Petition Challenging Workman's Right to Advocate in Domestic Enquiry. Management Representative with HR Background and Enquiry Experience Deemed Legally Trained Mind, Justifying Workman's Right to Legal Representation Under MRTU & PULP Act.

The case involves a challenge by the employer, The Indian Express (P) Ltd and its officers, against an order of the Industrial Court at Thane dated 9 ...

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Bombay High Court Allows Workman to Avail Services of Legal Practitioner in Domestic Inquiry - Right to Representation Under Industrial Disputes Act. The court held that refusal to permit legal representation violates principles of natural justice.

The petitioner, Ajit Bhagwan Sawant, a workman employed by M/s. Parveen Industries Pvt. Ltd., was subjected to a domestic inquiry by the employer. The...

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Supreme Court Upholds Employees' Right to Gratuity in Pending Criminal Appeals Under Kerala Service Rules. Interpretation of Rules 3 and 3A of Kerala Service Rules Distinguishes Pension from Death-cum-Retirement Gratuity, Prohibiting Withholding Despite Conviction with Suspended Sentence.

The Supreme Court examined appeals arising from a Full Bench judgment of the Kerala High Court concerning the entitlement of government employees to D...

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Supreme Court Allows Employer's Appeal in Gratuity Dispute — Trust Deed and Scheme Capped Gratuity at Statutory Limit Under Payment of Gratuity Act, 1972. Employer's Gratuity Scheme Did Not Abandon Statutory Ceiling; Employee Entitled Only to Statutory Maximum.

The appeal arose from a dispute between BCH Electric Limited (appellant-employer) and Pradeep Mehra (respondent-employee) regarding the quantum of gra...

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Bombay High Court Upholds Labour Court's Finding that Senior Engineer and Engineering Assistant are Not Workmen under Industrial Disputes Act, 1947. Petitioners' Complaints under MRTU & PULP Act Dismissed as Not Maintainable Due to Lack of Workman Status.

The Bombay High Court dismissed two writ petitions challenging the Labour Court's orders dated 23rd July 1999, which held that the Petitioners were no...