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Bombay High Court Partly Allows BEST's Petition Against Industrial Court Order on Unfair Labour Practices — Increments and Leave Benefits for Daily Wagers Upheld Under Item 9 of Schedule IV of MRTU & PULP Act, 1971.

The petitioner, Brihan Mumbai Electric Supply & Transport Undertaking (BEST), challenged a judgment and order dated 17th October 2019 passed by the Pr...

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Gujarat High Court Upholds Reinstatement Without Back Wages for Daily Wage Workers in Industrial Dispute. Termination of Daily Wage Sweepers by Municipal Corporation Held Illegal Under Section 25F of Industrial Disputes Act, 1947, but Back Wages Denied for Lack of Proof of Unemployment.

The petitioners, four daily wage sweepers (Safai Kamdars), were initially employed by the erstwhile Joshipura Nagarpalika in 1999. Upon merger of the ...

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Bombay High Court Dismisses Municipal Council's Challenge to Regularization of Daily Wage Safai Kamgars. Industrial Court's Order to Confer Permanent Status Upheld as Employees Worked Continuously and Were Denied Benefits Unfairly.

The judgment concerns three writ petitions filed by the Alibag Municipal Council and its Chief Officer challenging orders of the Industrial Court date...

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Bombay High Court Dismisses Municipal Council's Challenge to Industrial Court's Order Granting Permanency to Daily Wage Workers. Regularization of daily wagers upheld as Industrial Court had jurisdiction to grant permanency under MRTU & PULP Act, 1971.

The Municipal Council of Osmanabad filed three writ petitions challenging identical judgments dated 11.1.1996 passed by the Industrial Court in Compla...

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Bombay High Court Upholds Reinstatement of Casual Worker in BSNL Case — 50% Back Wages Upheld. Continuous Service of 371 Days Over 13 Months Constitutes Regular Employment Under Industrial Disputes Act, 1947.

The petitioner, Bharat Sanchar Nigam Limited (BSNL), challenged an award dated 12.11.2003 passed by the Central Government Industrial Tribunal No.1, M...

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Gujarat High Court Allows Pensionary Benefits to Daily Wager by Counting Entire Service from Initial Appointment. Daily Wage Service Counts as Qualifying Service for Pension Under Rule 3(8) of Gujarat Civil Services (Pension) Rules, 2002 When Followed by Regularization.

The petitioner, Bhathibhai Valambhai Baria, was initially appointed as a daily wager on 01.06.2002 by the respondents (State of Gujarat and its author...

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Bombay High Court Allows State's Petition in EGS Watchman Termination Case — Project-Based Employment Does Not Confer Permanent Status. Completion of 240 days under Employment Guarantee Scheme does not create a right to permanency or protection under Section 25-F of Industrial Disputes Act, 1947.

The State of Maharashtra and its officers filed a writ petition challenging the judgments of the Labour Court and Industrial Court which had held that...

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Supreme Court Upholds Inclusion of Compensatory Allowances in Overtime Calculations Under Factories Act, 1948 - Appellants Appeal Dismissed Against Respondents

The Supreme Court dismissed appeals filed by Union of India challenging High Court judgment which held compensatory allowances must be included in 'or...