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Bombay High Court Upholds Labour Court's Order Converting Dismissal into Retrenchment for Workman Found Guilty of Misconduct. Punishment of Dismissal Held Disproportionate to Misconduct of Theft of Company Property; Workman Entitled to Retrenchment Compensation and Notice Pay.

The petitioner, Kirloskar Copeland Ltd., challenged the order of the Labour Court, Satara, dated 24th April 1996, in Complaint (ULP) No.17 of 1988, an...

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Bombay High Court Dismisses Writ Petition of Bank Peon Challenging Dismissal for Misappropriation. Misappropriation of Funds by a Bank Employee Constitutes Breach of Trust Warranting Dismissal, Even with Admission and Restitution.

The petitioner, Balasaheb Raghunath Bankar, was employed as a Peon with the respondent, The Rayat Sevak Cooperative Bank Ltd., from 2001. He was charg...

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Bombay High Court Hears Writ Petition Challenging Industrial Disputes Reference Order; Considers Whether Long Delay and Non-Recognised Union Vitiate Reference Under Section 10 of Industrial Disputes Act, 1947. Petitioner Argues Staleness of Dispute and Lack of Application of Mind by Deputy Commissioner.

The petitioner, Bajaj Auto Limited, a manufacturer of two-wheelers and three-wheelers at Waluj, Aurangabad, challenged an order of reference dated 21 ...

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Bombay High Court Dismisses Employer's Challenge to Labour Court Awards Reinstating Employees Terminated Without Inquiry. Termination Without Domestic Inquiry Held Illegal Under Industrial Disputes Act, 1947.

The judgment involves a group of writ petitions filed by the employer, Maharashtra Krushi Udyog Vikas Mahamandal Ltd., challenging the awards of the L...

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Bombay High Court Allows Writ Petitions Against Industrial Court Order in Unfair Labour Practice Case — Limitation Period for Filing Complaint Under MRTU & PULP Act, 1971 Is Not Barred by Delay When Cause of Action Is Continuing.

The judgment involves two writ petitions arising from an order of the Industrial Court, Aurangabad, in Revision ULP No.70/2015. The petitioner in WP 1...

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Bombay High Court Dismisses MSRTC's Petition Challenging Interim Relief to Conductor in Unfair Labour Practice Case. Labour Court's Power to Grant Interim Relief Upheld Despite Employer's Reservation of Right to Lead Fresh Evidence.

The petitioners, Maharashtra State Road Transport Corporation (MSRTC), challenged the order of the Labour Court at Nanded granting interim relief to t...

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High Court of Bombay Considers Challenge to Section 36(4) of Industrial Disputes Act, 1947 Restricting Legal Representation Without Consent. Employer Seeks to Quash Labour Court Order Barring Engagement of Advocate in Industrial Dispute Reference.

The petitioner, a company engaged in manufacturing, dismissed the respondent workman for misconduct after due process in August 2015. The workman rais...

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Bombay High Court Dismisses Petition Challenging Industrial Court Order Allowing Union to Lead Evidence in Recognition Dispute. The Court held that the Industrial Court has discretion to permit additional evidence at any stage to effectuate the purpose of the MRTU & PULP Act, 1971.

The petitioner, Bharatiya Kamgar Sena, a recognized trade union of employees of Bajaj Auto Limited, challenged an order of the Industrial Court, Pune,...