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WRIT PETITION NO.5186 OF 2001

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Bombay High Court Dismisses Contract Workmen's Wage Parity Claim Against Principal Employer. Existence of Agreement with Representative Union Precludes Non-Members from Claiming Higher Wages Under Contract Labour Act.

The petition was filed by Mumbai Electric Employees Union, a non-representative union of contract workmen, challenging the order of the Additional Lab...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Sets Aside MACT Dismissal for Failure to Prove Negligence. Claimant's evidence of rash driving by respondent motorcyclist found sufficient to establish negligence under Section 166 of Motor Vehicles Act, 1988.

The appellant, Mr. Sameer S. Desai, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribun...

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Bombay High Court Dismisses Challenge to Arbitral Award in Stock Broker Dispute — No Patent Illegality Found. Claimant's claim for refund of margin money and compensation for unauthorized trades upheld as arbitrator's findings of fact are final under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbitral award da...

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Bombay High Court Dismisses Employer's Petition Challenging Industrial Court's Order Setting Aside Transfer as Unfair Labour Practice. Transfer of Employee After 28 Years of Service to Chennai Held Malafide and Without Justification Under Items 3 and 9 of Schedule IV of MRTU & PULP Act, 1971.

The petitioner, Sulzer Pumps India Private Limited, challenged the judgment of the Industrial Court, Thane, which declared that the employer had engag...

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Bombay High Court Upholds Eviction of Multinational Company in Rent Control Case. Section 3(1)(b) of Maharashtra Rent Control Act, 1999 exempts premises let to multinational companies from protection of the Act, and concurrent findings of fact are not interfered with under Section 115 CPC.

The applicant, Eloff Hansson (India) Pvt. Ltd., was a tenant in office premises in Mumbai. The respondents, landlords, terminated the tenancy in 1993 ...

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Bombay High Court Sets Aside Arbitral Award in Film Distribution Dispute Due to Patent Illegality and Violation of Natural Justice. The award was based on no evidence and misreading of the agreement, ignoring letters that modified the restriction on telecast rights.

The petitioner, Radha Krshna Films Ltd., challenged an arbitral award dated 05/01/2007 passed by the Joint Tribunal of the Film Makers Combine (FMC) a...