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Bombay High Court Dismisses Writ Petition Seeking Appointment as Driver Due to Non-Possession of Heavy Transport Vehicle License at Time of Application. Driving License Requirement Held to Be Substantive Condition, Not Procedural Formality, Under MSRTC Recruitment Rules.

The petitioner, Balaji s/o Hanumant Morale, filed a writ petition seeking a direction to the respondents, the Maharashtra State Road Transport Corpora...

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Bombay High Court Quashes Termination of Daily-Wage Conductor for Absence Due to Medical Reasons. Absence Without Leave Does Not Constitute Misconduct Under Standing Orders When Supported by Medical Certificate.

The petitioner, Shabana Begam Shekh Ahamad, was a daily-wage conductor employed by the Maharashtra State Road Transport Corporation (MSRTC), responden...

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Bombay High Court Upholds Reinstatement of Employee Who Resigned Under Mistake of Fact in MRTU & PULP Act Case. Employer's Failure to Disclose Circular Allowing Withdrawal of Resignation Constitutes Unfair Labour Practice Under Item 1(a) and (b) of Schedule IV.

The petitioner, Maharashtra State Road Transport Corporation, challenged the judgments of the Labour Court and Industrial Court which allowed the comp...

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Bombay High Court Upholds Denial of Back Wages to Driver Reinstated After Fatal Accident. Misconduct Proved Despite Criminal Acquittal; Reinstatement with Continuity but No Back Wages Upheld Under Industrial Disputes Act.

The petitioner, Sardarkhan Dilawarkhan Pathan, was employed as a driver with the Maharashtra State Road Transport Corporation (MSRTC) in 1978. On 25/0...

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Bombay High Court Upholds Denial of Back Wages to Driver Reinstated After Proved Misconduct in Fatal Accident. Back wages not automatic upon reinstatement; Labour Court has discretion to deny based on gravity of misconduct and employee's willingness to work.

The petitioner, Sardarkhan Dilawarkhan Pathan, was employed as a driver with the Maharashtra State Road Transport Corporation (the respondent) in 1978...

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Bombay High Court Dismisses MSRTC's Petition Challenging Industrial Court's Order Setting Aside Disproportionate Punishment. Industrial Court's Power to Interfere with Punishment Under MRTU and PULP Act Upheld — Permanent Stoppage of Increments for Outraging Modesty Found Disproportionate.

The Maharashtra State Road Transport Corporation (MSRTC) challenged the judgment of the Industrial Court, which had set aside the punishment of perman...

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Bombay High Court Remands Disproportionate Punishment Case to Industrial Court for Fresh Determination of Quantum. Industrial Court's Power to Interfere with Punishment Under MRTU & PULP Act Upheld, but Remand Ordered for Proper Application of Proportionality Principle.

The Maharashtra State Road Transport Corporation (MSRTC) challenged the judgment of the Industrial Court, which had set aside the punishment of perman...

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High Court Allows Employee's Petition in Misappropriation Case — Reinstatement with Continuity but No Back Wages Upheld. Industrial Court's Revisional Jurisdiction Under Section 44 of MRTU & PULP Act, 1971 is Limited and Cannot Interfere with Labour Court's Finding of Disproportionate Punishment.

The petitioner, Ranjit Baburao Awhad, was a conductor employed by the Maharashtra State Road Transport Corporation (MSRTC). He was dismissed from serv...

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Bombay High Court Dismisses Employer's Writ Petition Challenging Rejection of Appeal Under Payment of Gratuity Act Due to Limitation. Appellate Authority Under Section 7(7) of Payment of Gratuity Act, 1972 Has No Power to Condone Delay Beyond 60 Days.

The petitioner, Nanded Zilla Dekhrekh Sahakari Sanstha Maryadit, challenged the order of the Industrial Court (appellate authority) dated 28.11.2016, ...