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Gujarat High Court Upholds Reinstatement Without Back Wages for Daily Wage Workers in Industrial Dispute. Termination of Daily Wage Sweepers by Municipal Corporation Held Illegal Under Section 25F of Industrial Disputes Act, 1947, but Back Wages Denied for Lack of Proof of Unemployment.

The petitioners, four daily wage sweepers (Safai Kamdars), were initially employed by the erstwhile Joshipura Nagarpalika in 1999. Upon merger of the ...

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Bombay High Court Dismisses Petition Challenging Labour Welfare Fund Cess as Unconstitutional. Levy under Maharashtra Labour Welfare Fund Act, 1953 held to be a fee for services rendered, not a tax, and validly imposed on establishments including those with contract labour.

The petitioner, Mohan Dhotre, a resident of Mumbai, filed a writ petition challenging the constitutional validity of the levy under the Maharashtra La...

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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 Municipal Corporation's Petition, Quashes Stay on Second Show Cause Notice in Disciplinary Proceeding. Labour Court Exceeded Jurisdiction by Interfering at Pre-Decision Stage Under MRTU and PULP Act, 1971.

The Nanded Waghala City Municipal Corporation (Petitioner) challenged the order dated 29.07.2015 of the Labour Court at Nanded in Complaint (ULP) No.1...

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Bombay High Court Allows Employer's Petition Against Exparte Labour Court Award for Violation of Natural Justice. Employer Denied Opportunity to Defend Due to Non-Service of Notice, Award Set Aside and Matter Remanded.

The judgment pertains to two writ petitions filed by the employer, the Deputy Engineer of Zilla Parishad Constructions, challenging an exparte award p...

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Bombay High Court Upholds Reinstatement Order with Modified Back Wages in Industrial Dispute — Workman's Union Activities Led to Dismissal; Labour Court's Order Upheld with 80% Back Wages.

The judgment arises from cross writ petitions challenging an order dated 25th March 1998 passed by the First Labour Court, Bombay, in Reference (IDA) ...

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Bombay High Court Dismisses Union's Petition Challenging Labour Court Award Denying Reinstatement of Workman. Domestic Inquiry Held Fair and Punishment of Dismissal Upheld as Not Disproportionate Under Section 11A of Industrial Disputes Act, 1947.

The petitioner, Maharashtra General Kamgar Union, a registered trade union, challenged the Award dated 8th April 1994 (Part-I) and Award dated 7th Apr...