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Bombay High Court Dismisses Petition Challenging Recovery Certificate in Unfair Labour Practice Case — Compromise Terms Binding on Liquidator. Recovery Certificate for Rs.4,44,216/- upheld as compromise was validly entered into and not challenged.

The Petitioner, Adarsh Janata Sahakari Bank Ltd. and its Liquidator, challenged an order dated 16 October 1998 passed by the Industrial Court, Mumbai,...

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Bombay High Court Allows Petitions of Sweepers Challenging Termination Without Inquiry. Termination of daily-wage sweepers by Municipal Council set aside for violation of Model Standing Orders and principles of natural justice.

The petitioners, Ram Pyarelal Khicher and Sunita Raju Paisadeli, were employed as sweepers by the Municipal Council, Ramtek. Ram was appointed on 8.12...

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Bombay High Court Quashes PF Order Against Hindustan Lever in Part-Time Doctor Coverage Dispute. Medical Practitioner Not 'Employee' Under Section 7-A of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 as No Employer-Employee Relationship Existed.

The petitioner, M/s. Hindustan Lever Limited, challenged an order dated 17th October 2003 passed by the Assistant Provident Fund Commissioner under Se...

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Bombay High Court Dismisses Petition Challenging Compulsory Retirement in Service Dispute — Upholds Disciplinary Authority's Order Based on Enquiry Findings. Labour Court's Rejection of Complaint Under MRTU & PULP Act, 1971 Upheld as No Perversity or Disproportionality Established.

The petitioner, Dhanraj s/o Nankuprasad Gupta, was employed with the Public Works Department, Maharashtra, from 27 December 1972 until his compulsory ...

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Bombay High Court Dismisses Employer's Petition Challenging Quashing of Recovery Notice. Employer Cannot Recover Differential Pay After 25 Years Due to Its Own Mistake in Granting Exemption from Departmental Examination.

The petitioner, Maharashtra Jeevan Pradhikaran, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dat...

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Bombay High Court Dismisses Employer's Petition Challenging Industrial Court Order Quashing Recovery Notice Against Employee. Recovery of Differential Pay After 25 Years Due to Employer's Mistake Held Unfair Labour Practice Under MRTU & PULP Act.

The petitioner, Maharashtra Jeevan Pradhikaran, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dat...

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Bombay High Court Allows MSRTC's Petition, Sets Aside Condonation of Delay in Unfair Labour Practice Complaint. Pendency of Criminal Case and Acquittal Not Sufficient Cause to Condone Delay in Challenging Departmental Punishment Under MRTU & PULP Act, 1971.

The Maharashtra State Road Transport Corporation (MSRTC) and its Divisional Traffic Officer filed a writ petition challenging an order of the Industri...

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Bombay High Court Dismisses Municipal Council's Appeal as Infructuous After Compliance with Industrial Court Order. Workman Granted Permanent Status Under MRTU & PULP Act, 1971 — Employer's Challenge Renders Moot Upon Implementation.

The case arises from a Letters Patent Appeal filed by the Municipal Council, Tirora, against an order of a learned Single Judge of the Bombay High Cou...

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Bombay High Court Upholds Compensation Over Reinstatement for Daily Wage Employee in Unfair Labour Practice Case. Refusal of reinstatement and back wages upheld as employee worked only for 4 years and compensation of Rs. 25,000 deemed adequate under MRTU & PULP Act, 1971.

The petitioner, Jagdish s/o Karuji Bombarde, was a daily wage employee of the Municipal Council, Tumsar. He was appointed in February 1997, transferre...

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Bombay High Court Upholds Labour Court's Finding of Violation of Sections 25F and 25G, Industrial Disputes Act, 1947, But Questions Reinstatement Relief. The Court Examines Whether Reinstatement with Back Wages Is Mandatory for a Daily-Wager Illegally Retrenched from a Temporary Afforestation Scheme.

The writ petition arose from a challenge by the employer, the Social Forestry Department of the Government of Maharashtra, against the concurrent orde...