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Bombay High Court Upholds Reduction in Pay Scale as Punishment for Misconduct in Tata Memorial Hospital. Disciplinary action based on established misconduct and apology considered by employer.

The First Petitioner, Dr. Ganesh T. Panse, was employed as a Scientific Officer with the First Respondent, Tata Memorial Hospital. On 22nd September 2...

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Bombay High Court Allows Appeal by Bank in Unfair Labour Practice Case — Reinstatement of Daily Wager Denied Due to Lack of Continuous Service. Employee failed to prove 240 days of continuous service in preceding year, disentitling him to protection under Section 25F of Industrial Disputes Act, 1947.

The present Letters Patent Appeal was filed by the Nagpur District Central Co-operative Bank Ltd. (the appellant) challenging the judgment of a learne...

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Bombay High Court Allows Appeal of Co-operative Housing Society in Minimum Wages Claim — Labour Court Application Under Section 33C(2) of Industrial Disputes Act, 1947 Not Maintainable as Society is Not a Commercial Establishment Under Bombay Shops and Establishment Act, 1948.

The appellant, Mahalaxmi Co-operative Housing Society Limited, challenged the judgment of a learned Single Judge in Writ Petition No. 6486 of 1995, wh...

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Bombay High Court Allows Employer's Petition in Gratuity Dispute — Holds That Dismissal for Disorderly Behaviour Under Model Standing Orders 22(a) and 22(l) Constitutes 'Disorderly Conduct' Under Section 4(6)(b)(i) of Payment of Gratuity Act, 1972, Disentitling Employee to Gratuity.

The petitioner, Jaya Hind Industries Ltd., employed the respondent, Vilas Vithalrao Takale, as a Clerk. Two charge sheets were issued to the responden...

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Bombay High Court Dismisses Petition Challenging Workman Status of General Manager (Research) in Industrial Disputes Act Case. The court held that the nature of duties performed by the employee, not the designation, determines workman status, and the respondent's work was primarily technical and clerical.

The petitioner, M. Visvesvaraya Industrial Research & Development Centre, a nonprofit scientific research organization, challenged an order of the Ind...

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Bombay High Court Dismisses Employer's Writ Petition Challenging Labour Court's Reinstatement Order in Retrenchment Case. Termination of Probationer Without Notice or Compensation Under Section 25-F of Industrial Disputes Act, 1947 Held Illegal as Employer Failed to Prove Unsatisfactory Work.

The Petitioner, M/s R. Nawroji & Co., a partnership firm running a printing press, appointed the First Respondent, Francis E. Lobo, as a Machine Opera...