Search Results for "Unfair Labour Practice"

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High Court

High Court Quashes Industrial Court’s Remand Order; Reinforces Fairness in Proportionate Punishment in Labor Disputes. Unfair Labor Practice in Dismissal Addressed under the Doctrine of Proportionality.

21 Oct 2024

The Bombay High Court, Nagpur Bench, examined a labor dispute where the petitioner, a former employee, contested his dismissal on the grounds of unfai...

High Court

Bombay High Court Allows Writ Petition in Part in Unfair Labour Practice Case — Reinstatement Upheld but Back Wages Denied. Termination without proper inquiry constituted unfair labour practice under MRTU and PULP Act, but employee's habitual absenteeism justified denial of back wages.

7 Nov 2023

The Petitioner, Dattaprasad Narayan Kulkarni, was employed as a Technical Officer with M/s. Auchtel Products Ltd. (formerly Henkel Chemicals (I) Ltd.)...

High Court

Bombay High Court Dismisses Employer's Petition Challenging Reinstatement of Workman in Unfair Labour Practice Case. Labour Court's finding of illegal termination and award of 25% back wages upheld as not perverse.

27 Feb 2020

The petitioner, Hartex Tubes Pvt. Ltd., challenged the judgment of the First Labour Court, Nagpur, dated 26.2.2007, which declared the dismissal of re...

High Court

Bombay High Court Allows Writ Petitions Against Industrial Court Order in Unfair Labour Practice Case — Limitation Period for Filing Complaint Under MRTU & PULP Act, 1971 Is Not Barred by Delay When Cause of Action Is Continuing.

19 Jun 2019

The judgment involves two writ petitions arising from an order of the Industrial Court, Aurangabad, in Revision ULP No.70/2015. The petitioner in WP 1...

High Court

Bombay High Court Dismisses Petition Challenging Recovery Certificate in Unfair Labour Practice Case — Compromise Terms Binding on Liquidator. Recovery Certificate for Rs.4,44,216/- upheld as compromise was validly entered into and not challenged.

26 Mar 2014

The Petitioner, Adarsh Janata Sahakari Bank Ltd. and its Liquidator, challenged an order dated 16 October 1998 passed by the Industrial Court, Mumbai,...

High Court

Bombay High Court Dismisses Petition Challenging Recovery Certificate in Unfair Labour Practice Case — Compromise Terms Binding on Parties. The court upheld the Industrial Court's issuance of a Recovery Certificate under Section 50 of the MRTU & PULP Act, 1971, based on a compromise between the employer and employee, rejecting the employer's contention of non-compliance by the employee.

26 Mar 2014

The petitioner, Adarsh Janata Sahakari Bank Ltd. and its liquidator, challenged an order dated 16 October 1998 passed by the Industrial Court, Mumbai,...

High Court

Bombay High Court Partly Allows Company's Petition and Dismisses Workmen's Petition in Unfair Labour Practice Case. Industrial Court's Finding of Unfair Labour Practice Under Item 6 Upheld, but Direction for Permanent Status Set Aside for Workmen Not Proving 240 Days Service Under Item 9.

22 Feb 2011

The judgment concerns two writ petitions arising from an order of the Industrial Court, Pune, in Complaint (ULP) Nos.169 of 1993 and 493 of 1993. The ...

High Court

Bombay High Court Partly Allows Municipal Council's Petition in Daily Wager Reinstatement Case — Full Backwages Denied. Reinstatement with continuity upheld but backwages set aside as employees failed to prove unemployment under Industrial Disputes Act, 1947.

30 Jul 2010

The Municipal Council, Rajura, filed three writ petitions challenging the orders of the Labour Court, Chandrapur, and the Industrial Court, Maharashtr...

High Court

Bombay High Court Upholds Industrial Court's Finding of Unfair Labour Practice for Non-Observance of Rule 81 of Industrial Disputes (Bombay) Rules, 1957 and Section 25G of Industrial Disputes Act, 1947 — Custom and Practice of Negotiation with Union Constitutes Condition of Service. The court held that the established custom of negotiation with the union was a condition of service, and its breach, along with non-compliance with the 'last come first go' principle, constituted unfair labour practice under Item 9 of Schedule IV of the MRTU and PULP Act.

5 May 2006

The case involves a Letters Patent Appeal filed by Mackinon Mackenzie Ltd. (the appellant/original respondent in the complaint) against the judgment o...

High Court

Bombay High Court Dismisses Employer's Challenge to Industrial Court Order Granting Permanency to Workmen in Unfair Labour Practice Case. The court upheld the Industrial Court's finding that keeping workmen as temporaries for years constituted an unfair labour practice under Items 6 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

16 Mar 2005

The judgment arises from a writ petition filed by Century Rayon (a division of Century Textiles & Industries Ltd.) challenging an order of the Industr...

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