Search Results for "employer's discretion"

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Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
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Search Results for "employer's discretion"

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Supreme Court

Supreme Court Dismisses State's Appeal in Disciplinary Proceedings for Violation of Natural Justice and Procedural Rules. The Court upheld the Tribunal's order setting aside punishment due to non-compliance with U.P. Government Servants (Discipline and Appeal) Rules, 1999, including failure to examine witnesses, supply documents, and seek extension of court-stipulated time.

23 Apr 2025

The appeal arose from a challenge by the State of Uttar Pradesh against a High Court order dismissing its writ petition, which had sought to overturn ...

High Court

Bombay High Court Dismisses Employer's Petition Challenging Workman's Right to Advocate in Domestic Enquiry. Management Representative with HR Background and Enquiry Experience Deemed Legally Trained Mind, Justifying Workman's Right to Legal Representation Under MRTU & PULP Act.

3 Feb 2025

The case involves a challenge by the employer, The Indian Express (P) Ltd and its officers, against an order of the Industrial Court at Thane dated 9 ...

Supreme Court

Supreme Court Upholds High Court Decision in Judicial Appointment Case Involving Antecedents Verification. The Court affirmed that acquittals based on compromise for compoundable offences and false cases do not necessarily disqualify a candidate under Avtar Singh v. Union of India guidelines, especially considering Scheduled Caste status and non-serious nature of offences.

16 Sep 2021

The dispute arose from the Rajasthan High Court's decision to reject the appointment of the first respondent, Akashdeep Morya, to the Civil Judge (Jun...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Section 9 Petition Seeking Injunction on Bank Guarantee Invocation. Performance Bank Guarantee Invocation Upheld as No Fraud or Irretrievable Injustice Established Under Contract Clause 4.2.

24 Nov 2018

The appellant, Tata Projects Limited, was awarded a turnkey contract by respondent No.1, Hazel International FZE, for constructing a Chemical Storage ...

High Court

High Court of Karnataka Quashes Assistant Labour Commissioner's Order Declaring Five Workmen as Protected Workmen — Trade Union Must Be Registered Under Trade Unions Act, 1926 to Claim Protection Under Section 33 of Industrial Disputes Act, 1947. The court held that an unregistered trade union cannot seek declaration of its office bearers as protected workmen under Section 33 of the Industrial Disputes Act, 1947.

5 Nov 2018

The petitioner, M/s. Wonderla Holidays Limited, a public limited company running amusement parks, challenged an order dated 16.09.2017 passed by the A...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Dispute. No Case of Fraud or Irretrievable Injustice Made Out to Restrain Bank Guarantee Invocation Under Contract Law Principles.

22 Mar 2017

The appeal arises from an order of the learned Single Judge refusing to grant an injunction restraining the respondent from encashing a bank guarantee...

High Court

Bombay High Court Dismisses Union's Petition Challenging Cancellation of Recognition Under Section 13 of MRTU & PULP Act — Employer Has Locus to Seek Cancellation of Union Recognition. The Court held that Section 13 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 does not restrict the right to apply for cancellation of recognition to any particular category, and the employer, being a necessary party, can maintain such an application.

26 Sep 2016

The petitioner, Association of Engineering Workers, a registered trade union under the Trade Unions Act, 1926, was granted recognition by the Industri...

High Court

Bombay High Court Upholds Reinstatement Without Back Wages for Employee in Disciplinary Matter — Leave Application and Chargesheet Dispute. Employee's absence due to illness and subsequent denial of duty leads to dismissal; court finds punishment disproportionate and orders reinstatement without back wages.

2 Apr 2014

The case involves two cross-petitions arising from the same disciplinary action. The employee, Namdeo Vanji Bachav, joined the Dhule District Central ...

High Court

Bombay High Court Dismisses Employer's Challenge to Reference of Industrial Dispute for Adjudication — Reference Need Not Contain Detailed Facts, Only Dispute Must Be Identifiable. The Court held that an order of reference under Section 12(5) of the Industrial Disputes Act, 1947 is valid even if it does not contain the nature of dispute or facts and circumstances, as long as the dispute is identifiable from the reference.

21 Dec 2006

The petitioner, M/s. Lokmat Newspapers Pvt. Ltd., challenged the order dated 3/4/2006 passed by the Industrial Court/Tribunal, Nagpur in Reference No....

High Court

Bombay High Court Allows Appeal in Industrial Disputes Act Case — Holds That High Court Must Order Payment Under Section 17-B During Pendency of Employer's Writ Against Reinstatement Award. Section 17-B of Industrial Disputes Act, 1947 Imposes Mandatory Duty on Court to Direct Employer to Pay Full Wages Last Drawn by Workman Who Is Not Employed Elsewhere.

23 Mar 2005

The case arose from a Letters Patent Appeal filed by Vishwas Shankarrao Joshi, General Secretary of Bank of Maharashtra Karmachari Sangh, a trade unio...

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