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Bombay High Court Quashes Industrial Court Order Directing Deposit of Gratuity in Termination Challenge — Payment of Gratuity Act, 1972 Does Not Require Deposit of Gratuity Received as Condition for Adjudication of Termination Dispute

The petitioner, Sheikh Mehmood, was employed as a Typist with respondent Nos.1 and 2 (M/s Universal Medikit Private Ltd. and its Chairman) from 29 Jul...

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Bombay High Court Dismisses Appeal by MSEB in Unfair Labour Practice Case — Upholds Reinstatement of Employees Terminated Without Domestic Inquiry. Termination Without Domestic Inquiry Constitutes Unfair Labour Practice Under Section 28 of MRTU & PULP Act, 1971.

The case involves a Letters Patent Appeal filed by the Maharashtra State Electricity Board (MSEB) and its officers against the judgment of a Single Ju...

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Bombay High Court Upholds Industrial Court Order Directing Permanent Absorption of Temporary Employee in University of Mumbai. Employer's Practice of Engaging Temporary Employees for Years Without Regularisation Constitutes Unfair Labour Practice Under Item 6 of Schedule IV of MRTU & PULP Act, 1971.

The University of Mumbai (Petitioner) challenged an order of the Industrial Court dated 16th December 1999, which allowed a complaint filed by Shri S....

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Bombay High Court Upholds Dismissal of Workman for Habitual Absenteeism in MRTU and PULP Act Complaint. Concurrent findings of fact by Labour Court and Industrial Court not interfered with under writ jurisdiction as no perversity or violation of natural justice established.

The petitioner, Francis Xavier, was employed by M/s. Magna Graphics (I) Pvt. Ltd. and was dismissed on 24 August 1995 for habitual absenteeism. He cha...

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Bombay High Court Upholds Compensation in Lieu of Reinstatement for Workman Terminated on Loss of Confidence. Unfair Labour Practice Found Under Item 1(f) of Schedule IV of MRTU & PULP Act, 1971.

The petitioner, Suresh Narbharam Kachalia, was a workman employed by M/s Shakti Insulated Wires Ltd. since 25 July 1963. After serving for nearly 23 y...

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Bombay High Court Dismisses Petition by Cooperative Society Against Labour Court Order Reinstating Vendor with Back Wages. Chronic Absenteeism Not Proven as Employer Failed to Conduct Proper Inquiry Under Industrial Disputes Act.

The petitioner, Larsen and Toubro Grahak Sahakari Sanstha Maryadeet, a consumer cooperative society registered under the Maharashtra Cooperative Socie...