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Bombay High Court Allows Appointment of Arbitrator in Employment Dispute Despite Alleged Full and Final Settlement. Arbitration Clause Survives Termination of Contract and Dispute Regarding Settlement Must Be Decided by Arbitrator.

The applicant, Akshat Madan, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator...

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Bombay High Court Dismisses Petition by Co-operative Bank Challenging Gratuity Payment Order. Employer Cannot Withhold Gratuity Under Payment of Gratuity Act, 1972 for Misconduct Not Involving Moral Turpitude or Loss During Employment.

The petitioner, Chairman/Chief Executive Officer of Sangli District Primary Teachers Co-op. Bank Ltd., challenged the order dated 11.2.2020 passed by ...

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Bombay High Court Allows Writ Petition Challenging Termination of Visually Impaired Employee Under Persons with Disabilities Act, 1995. Termination Based on Pre-Act Medical Report Held Invalid as Employer Failed to Consider Alternative Employment Under Section 47 of the Act.

The petitioner, Ashok Dhondu Ahire, was appointed as a Peon on 28/04/1981 and later worked as a Messenger. By letter dated 22/09/1987, the Board of Re...

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Bombay High Court Upholds Labour Court's Finding of Unfair Labour Practice in Termination of Employee. Employer's Failure to Prove Voluntary Abandonment and Non-Compliance with Section 25F of Industrial Disputes Act, 1947 Leads to Reinstatement with Back Wages.

The dispute arose from the termination of Ganesh Rambhau Bharambe (the employee) by Mayur Casting (the employer). The employee filed a complaint under...

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Supreme Court Upholds Termination of Police Constable for Concealment of Medical Unfitness. Fraudulent Reinstatement Set Aside; No Negative Equality in Appointments Obtained Through Misrepresentation.

The case involves the State of Uttar Pradesh and its police authorities appealing against the reinstatement of a police constable whose services were ...

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Madras High Court Quashes Termination Order of Anganwadi Worker for Violation of Natural Justice. Court Directs Disbursement of Retirement Benefits and Permits Superannuation, Treating Absence as No Work No Pay.

The petitioner was an Anganwadi worker who had served for 35 years, initially on a daily remuneration and later regularized as a temporary worker at U...

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Reinstatement of Terminated Teacher — Vitiated Inquiry Proceedings — Real Likelihood of Bias — Full Back Wages Awarded — Application of Principles of Natural Justice

High Court upheld the Tribunal’s decision — Confirmed reinstatement of Respondent No.1 — Directed payment of full back wages — Found the inqui...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Employee in Unfair Labour Practice Case. Oral Termination by Management Set Aside as Unfair Labour Practice Under Item 1 of Schedule IV of MRTU and PULP Act, 1971.

The petitioner, Suraj Pressings Pvt. Limited, challenged the judgment of the Labour Court dated 04/01/2014, which allowed Complaint (ULP) No.50/2006 f...