Search Results for "Industrial Court discretion"

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Bombay High Court Upholds Labour Court's Finding that Senior Engineer and Engineering Assistant are Not Workmen under Industrial Disputes Act, 1947. Petitioners' Complaints under MRTU & PULP Act Dismissed as Not Maintainable Due to Lack of Workman Status.

The Bombay High Court dismissed two writ petitions challenging the Labour Court's orders dated 23rd July 1999, which held that the Petitioners were no...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court's Declaration of Perverse Findings in Disciplinary Enquiry. Labour Court's Power to Reappreciate Evidence Under Section 11A of Industrial Disputes Act, 1947 Upheld Where Enquiry Findings Are Not Supported by Evidence.

The petitioner, Tata Infomedia Limited (formerly Tata Press Limited), challenged an order of the Labour Court at Mumbai dated 23rd October 2001. The L...

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Bombay High Court Dismisses Writ Petition of Dismissed Bus Conductor in Misappropriation Case. Labour Court's finding that punishment of dismissal was proportionate to misconduct of ticket irregularities upheld as not shockingly disproportionate.

The petitioner, Shivaji Daulat Dadar, was employed as a Bus Conductor with the Maharashtra State Road Transport Corporation (MSRTC) since 1989. On 13 ...

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Bombay High Court Dismisses Employer's Challenge to Industrial Court Order Quashing Recovery of Excess Salary Paid Due to Employer's Mistake. Recovery of Rs.1,94,637/- from Retired Employee Set Aside as Employer's Inadvertence Cannot Be Visited on Employee.

The respondent, Sou. Anjali Anil Tare, was appointed as a Lower Division Clerk (LDC) in 1977 and passed her lower division grade examination in 1980, ...

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Bombay High Court Allows Compounding of NI Act Offence Despite Complainant's Objection. Payment of Full Cheque Amount with Interest and Costs Entitles Accused to Compounding Under Section 147 of Negotiable Instruments Act, 1881.

The applicants, who were accused in a criminal complaint filed by the respondent-company under Section 138 of the Negotiable Instruments Act, 1881, ch...

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Bombay High Court Hears Arbitration Petition - ONGC Challenges Umpire’s Award Granting Six Days’ Extension in Pipeline Project. Petition contends that the extension was granted in breach of contract clauses 5.9 and 41.8 and without evidence, after rejecting the related claim for cost of repairs.

The dispute arose from a contract dated 6 November 1989 between Oil and Natural Gas Corporation Limited (ONGC) as employer and a consortium of foreign...

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High Court of Karnataka Dismisses Writ Petition Challenging Tender Condition Requiring Bidders to Be from SC/ST Community. Condition Held Valid as Affirmative Action for Upliftment of SC/ST Communities, Not Violative of Article 14.

The petitioners, eleven pump manufacturing companies, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a tend...