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Supreme Court Examines Regularisation of Temporary Workmen in ONGC Based on Certified Standing Orders and Unfair Labour Practice Provisions. The court considers whether clause 2(ii) of ONGC's Certified Standing Orders confers a right to regularisation and whether the decision in PCLU is per incuriam.

This batch of appeals arises from judgments of various High Courts directing regularisation of workmen employed by Oil and Natural Gas Corporation (ON...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Construction Contract Dispute. Arbitration Clause in Works Contracts Held Valid and Disputes Referable to Arbitration.

The applicant, Gold Prism Realty Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment o...

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Bombay High Court Quashes Industrial Court Remand Order in MRTU & PULP Act Case — Maintainability of Complaint Must Be Decided on Merits Without Remand. Relationship of Employer-Employee Must Be Admitted or Undisputed for Complaint Under Section 28 of MRTU & PULP Act to Be Maintainable.

The petitioners, employees of the Forest Department, filed Complaint (ULP) 13/2010 before the Labour Court, Yavatmal, alleging unfair labour practices...

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Bombay High Court Dismisses Petition Challenging Industrial Tribunal Award Declaring Contract Labour as Direct Employees. Contracts for supply of labour found to be sham and bogus, workmen held entitled to direct employment with all benefits under Industrial Disputes Act, 1947.

The petitioner, M/s Prabha Engineering Pvt. Ltd., an engineering company manufacturing automobile parts, challenged an award of the Industrial Tribuna...

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Bombay High Court Dismisses Petition by Principal Employer Challenging Gratuity Liability for Contractor's Employees. Principal Employer Held Liable Under Section 7 of Payment of Gratuity Act, 1972 for Gratuity of Contractor's Workmen When Contractor Fails to Pay.

The petitioner, Cummins (I) Limited, an engineering company, challenged a common order dated 30 May 2003 passed by the Controlling Authority under the...

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Bombay High Court Allows Appeal by Bank in Unfair Labour Practice Case — Reinstatement of Daily Wager Denied Due to Lack of Continuous Service. Employee failed to prove 240 days of continuous service in preceding year, disentitling him to protection under Section 25F of Industrial Disputes Act, 1947.

The present Letters Patent Appeal was filed by the Nagpur District Central Co-operative Bank Ltd. (the appellant) challenging the judgment of a learne...

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Bombay High Court Dismisses Appeal Against Rejection of Section 34 Petition in Arbitration Dispute Over Bridge Construction. Arbitral Award Upheld as Not Contrary to Public Policy Under Section 34 of Arbitration and Conciliation Act, 1996.

The appellant, Konkan Railway Corporation Limited (owner), entered into a contract with the respondent, M/s. Oriental Construction Company Limited (co...

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Bombay High Court Dismisses Appeals of Retired Employees Against Cooperative Bank's SARFAESI Recovery Proceedings. Employees Held Not to Be 'Borrowers' and Lack Locus Standi to Challenge Auction Sale Without Payment of Dues.

The judgment pertains to a batch of Letters Patent Appeals filed by retired employees of Shamrao Vithal Cooperative Bank Ltd. against the dismissal of...