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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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Gujarat High Court Partially Allows Workman's Petition in Industrial Dispute — Directs Reinstatement with 30% Back Wages and Continuity of Service. Labour Court's denial of full back wages set aside as employer failed to prove gainful employment under Section 11A of Industrial Disputes Act, 1947.

The petitioner, Dhirabhai Lalabhai Sangada, was a workman employed by the Deputy Executive Engineer (respondent). He was terminated from service, lead...

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Supreme Court Strikes Down Caste-Based Discrimination in Prison Manuals as Unconstitutional. Prison Rules Dividing Labour and Segregating Barracks by Caste Violate Articles 14, 15, 17, 21, and 23 of the Constitution.

The petitioner, Sukanya Shantha, a journalist, filed a writ petition under Article 32 of the Constitution seeking directions for the repeal of offendi...

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Supreme Court Allows Appeal of Daily Wage Employees in Industrial Disputes Act Case, Reinstating Tribunal Award. Termination Without Section 25F Compliance Held Void Regardless of Appointment Irregularity Under Industrial Disputes Act, 1947.

The dispute originated from the termination of daily wage non-teaching staff at Sree Sankaracharya University of Sanskrit. The employees were initiall...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court Award of Reinstatement with Back Wages. Termination of workman without compliance with Section 25F of Industrial Disputes Act, 1947 held illegal, and reinstatement with full back wages upheld.

The petitioner, M/s. Carona Ltd., challenged the judgment and order of the Labour Court, Mumbai, dated 30th September 2016, in Reference (IDA) No. 156...

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High Court of Karnataka Allows Workman's Appeal in Industrial Dispute — Payment of Full Wages Under Section 17B of Industrial Disputes Act, 1947 from Date of Award. Workman Entitled to Wages from Date of Award, Not from Date of Application Under Section 17B.

The case involves a workman, C.M. Nagaraj, who was reinstated by an award of a Labour Court or Tribunal under the Industrial Disputes Act, 1947. The e...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Back Wages for Termination of Probationer Without Inquiry. Automatic Termination Clause in Appointment Letter Held Invalid as Termination Was Stigmatic and Required Domestic Inquiry Under Industrial Disputes Act, 1947.

The petitioner, WIKA Instruments India Pvt. Ltd., challenged the judgment and award of the Labour Court dated 14 November 2011, which held that the te...

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Bombay High Court Dismisses MSRTC Petition Challenging Industrial Court Order for Alternate Employment with Pay Protection. Employer's Obligation to Provide Suitable Alternate Employment Under MRTU & PULP Act Includes Pay Protection for Medically Unfit Driver.

The case involves a writ petition filed by the Maharashtra State Road Transport Corporation (MSRTC) challenging an order of the Industrial Court, Nagp...

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Bombay High Court Allows Employer's Petition Challenging Reinstatement Order — Employee Abandoned Service by Taking Up Employment Abroad Without Intimation. Clause 13.4 of Certified Standing Orders Validly Invoked to Terminate Employment for Abandonment of Service Under Industrial Disputes Act, 1947.

The Petitioner, Infomedia India Ltd., engaged the First Respondent as a machine operator at its printing establishment in Mumbai. On 22 June 1992, the...