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Bombay High Court Allows Appeal in Workmen's Compensation Case — Employer Not Liable for Injury Not Arising Out of Employment. Seaman's Back Injury While Shifting Food Boxes Held Not Covered Under Section 3 of Employees' Compensation Act, 1923 as Injury Did Not Arise Out of and in Course of Employment.

The case involves an appeal by M/s Denklay Marine Services Ltd. and M/s Orinoco Marine Consultancy India Pvt. Ltd. against the judgment and order date...

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High Court Dismisses Writ Appeal in Industrial Dispute -- Res Judicata Bars Re-examination of Domestic Enquiry Fairness Under Industrial Disputes Act

The Writ Appeal was filed by the appellant-Union against the dismissal of their writ petition by the Single Judge, which upheld the Labour Court's dec...

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Supreme Court Upholds Labour Court Award in VSS Dispute — NMR Workers Found to Have Been Coerced into Voluntary Separation Scheme. The Court confirmed reinstatement with 70% back-wages under Section 33A of the Industrial Disputes Act, 1947, finding no perversity in the concurrent findings of fact.

The case arose from a dispute between the General Manager, Electrical Rengali Hydro Electric Project, Orissa (appellant) and 90 NMR workers (responden...

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Bombay High Court Upholds Reinstatement of Employee in Education Service Dispute — Illegal Termination Violates M.E.P.S. Rules. Employee's discontinuation without inquiry and notice held illegal; employer directed to reinstate with back wages and continuity.

The case involves an appeal by an educational institution and its headmaster against a common judgment of a Single Judge of the Bombay High Court. The...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Back Wages for Termination of Probationer Without Inquiry. Automatic Termination Clause in Appointment Letter Held Invalid as Termination Was Stigmatic and Required Domestic Inquiry Under Industrial Disputes Act, 1947.

The petitioner, WIKA Instruments India Pvt. Ltd., challenged the judgment and award of the Labour Court dated 14 November 2011, which held that the te...

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Bombay High Court Dismisses Municipal Council's Petitions Against Labour Court Awards in Retrenchment Compensation Cases. Held that Section 25F of the Industrial Disputes Act, 1947 does not require a separate notice of retrenchment when the employee is already aware of the closure of the establishment.

The judgment involves a batch of writ petitions filed by the Municipal Council, Tirora, and its President against common orders passed by the Labour C...

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Bombay High Court Upholds Industrial Court's Order Granting Permanency to Fixed-Term Security Guard in Saudi Arabian Airlines Case. Fixed-term employment found to be a camouflage to deny permanency benefits under MRTU & PULP Act.

The appellant, Saudi Arabian Airlines, engaged the respondent workman as a Security Guard on a fixed-term contract from 1st October 1989 for two years...