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Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment of Arbitrator Despite Alleged Non-Compliance with Pre-Arbitration Steps. Section 11(6) of the Arbitration and Conciliation Act, 1996 invoked where respondent failed to appoint arbitrator within 30 days of notice.

The appellant, a company incorporated under the Companies Act, 1956, and the respondent, a multi-state co-operative society constituted under the Mult...

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Bombay High Court Dismisses Petition Seeking Permanency for Hospital Employee — Industrial Court's Finding of No Continuous Service Upheld. Employee Failed to Establish 240 Days of Work in 12 Months Under Section 5-B of MRTU & PULP Act, 1971.

The petitioner, Kumar Dashrath Kamble, filed a writ petition before the Bombay High Court challenging the judgment and order dated 3 May 2023 passed b...

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Bombay High Court Dismisses Writ Petition in MRTU & PULP Act Case Concerning Termination of Temporary Workers. Termination Held Not Retrenchment, Falling Under Section 2(oo)(bb) of Industrial Disputes Act as Employment Was Under Fixed-Term Contracts.

The writ petition was filed under Article 227 of the Constitution against the Industrial Court's order dated 23.12.1999 which confirmed the Labour Cou...

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Bombay High Court Quashes Conciliation Officer's Order Closing Proceeding Based on Consent Terms. Court Holds That Without Express Settlement of Entire Dispute, Conciliation Must Continue Under Industrial Disputes Act, 1947.

The writ petition arose from a decision of the Assistant Commissioner of Labour (Conciliation), Mumbai, who by order dated 2nd July 2005 closed concil...

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Bombay High Court Upholds Termination of Employees for Illegal Strike and Misconduct Without Enquiry — Justified Under MRTU & PULP Act. Employer's Right to Lead Evidence Before Labour Court to Justify Dismissal Without Enquiry Upheld When Atmosphere of Terror Prevents Disciplinary Proceedings.

The case involves a writ petition filed by 22 ex-employees of M/s. Advani Oerlikon Ltd. challenging the judgment and order of the First Labour Court, ...

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Bombay High Court Dismisses Petition Challenging Condonation of Delay in Unfair Labour Practice Complaint. Delay of 5 years and 11 months condoned as workers were pursuing remedy through union and letters, and no prejudice caused to employer.

The Petitioner, Brihan Mumbai Electric Supply and Transport (BEST) Undertaking, challenged the judgment and order dated 25.01.2023 of the Industrial C...