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Bombay High Court Upholds Gratuity Entitlement for Daily Wager Absorbed as Clerk — Continuous Service Counted from Initial Appointment. Municipal Council's contention that daily wage period cannot be counted for gratuity rejected under Section 4 of Payment of Gratuity Act, 1972.

The Municipal Council, Achalpur, filed a writ petition challenging two concurrent judgments: the order dated 26.06.2015 of the Controlling Authority u...

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Bombay High Court Dismisses Writ Petition of Retrenched Workers Seeking Reinstatement and Continuity of Service. Workers of a closed textile mill not entitled to reinstatement as closure was genuine and compensation under Section 25FFF of Industrial Disputes Act, 1947 was paid.

The petitioners, 42 workers of Kalmeshwar Textile Mills, challenged their retrenchment following the closure of the mill. The mill was closed due to f...

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Bombay High Court Allows Back Wages for Employee in Faulty Enquiry Case. Employer Directed to Pay Full Back Wages from Termination to Reinstatement Despite Option for De Novo Enquiry.

The petitioner, Manohar Pandit Marathe, was an employee of Sharda Vidya Prasarak Mandal. He was terminated from service on 20/01/2009. He challenged t...

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Bombay High Court Allows Workman's Appeal for Wages Under Section 17-B of Industrial Disputes Act, 1947 — Employer's Challenge Dismissed. Court held that workman is entitled to last drawn wages during pendency of proceedings before Labour Court, irrespective of employer's financial hardship.

The case involves two Letters Patent Appeals (LPA 294/2010 and LPA 296/2010) arising from an order of a Single Judge dated 26.10.2010 in Writ Petition...

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Bombay High Court Dismisses Employer's Petitions Challenging Labour Court Orders in Unfair Labour Practice Complaints. Summary jurisdiction under Section 28 of MRTU & PULP Act does not bar determination of disputed employer-employee relationship when status is prima facie established.

The judgment involves three writ petitions filed by Birla Cotsyn (India) Ltd., the employer, challenging identical orders passed by the Labour Court a...

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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 Dismisses Petition by Air India Challenging Rejection of Approval Application Under Section 33(2)(b) of Industrial Disputes Act — Withdrawal of Earlier Application and Reinstatement of Workman Bars Fresh Application for Approval of Dismissal Based on Same Misconduct.

The case involves a challenge by Air India Ltd. (the petitioner) against an order of the Presiding Officer of the National Industrial Tribunal at Mumb...