Search Results for "union victimisation"

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Search Results for "union victimisation"

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Supreme Court

Supreme Court Partially Allows Appeal in Industrial Dispute, Modifying Compensation for Daily Wager. The Court held that while termination of a daily wager without compliance with Section 25F of the Industrial Disputes Act, 1947 is illegal, reinstatement is not automatic and monetary compensation is appropriate where no unfair labour practice or retention of juniors is established.

2 Sep 2021

The dispute involved an industrial worker challenging his termination by a public authority. The appellant, a daily wager, claimed he was verbally app...

Supreme Court

Supreme Court Allows Employer's Appeal and Sets Aside Tribunal's Award in Retrenchment Case – Managerial Decision to Reorganise Business and Retrench Employees Held Bona Fide; Tribunal Cannot Question Propriety. Retrenchment in Compliance with Industrial Disputes Act, 1947 Section 25F and West Bengal Industrial Disputes Rules, 1958 Rule 77(1); Error of Tribunal in Ignoring Bona Fide Nature of Decision Corrected via Certiorari.

27 Nov 1968

The dispute arose from the retrenchment of employees by Parry & Co. Ltd. following a policy decision to reorganise its business by emphasising manufac...

High Court

Bombay High Court Upholds Reinstatement of Workman with 50% Backwages in Disproportionate Punishment Case. Industrial Tribunal's finding of disproportionate punishment for misconduct of sleeping during duty upheld, but backwages reduced to 50%.

22 Dec 2023

The case involves two writ petitions arising from the same industrial dispute. Wheels India Ltd., a company manufacturing steel wheels, challenged Par...

High Court

Bombay High Court Upholds Dismissal of Workmen in Industrial Dispute — Approval Under Section 33(2)(b) of Industrial Disputes Act, 1947 Granted for Acts of Violence on Establishment Premises. The court found no perversity in the Industrial Tribunal's decision to grant approval for dismissal based on chargesheets and a subsequent incident of violence.

28 Sep 2006

This batch of six writ petitions under Article 226 of the Constitution of India arises from orders of the Industrial Tribunal granting approval under ...

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 Quashes Removal of Employee in Disciplinary Proceeding for Violation of Natural Justice and Proportionality. Charge-sheet and Penalty Set Aside Due to Non-Supply of Documents and Disproportionate Punishment.

15 Nov 2011

The petitioner, Abha Chawla Mohanty, was an employee of the Oriental Insurance Co. Ltd. appointed in October 1985. She was served with a charge-sheet ...

High Court

Bombay High Court Dismisses Employer's Petition Challenging Industrial Court Jurisdiction in Superannuation Dispute. Employee Entitled to Continue Till Age 60 as Per Certified Standing Orders Under Section 28 and Item 9 Schedule IV of MRTU & PULP Act, 1971.

9 Jul 2015

The petitioner, Sunflag Iron & Steel Company Limited, challenged the judgment of the Industrial Court, Bhandara, which allowed a complaint filed by th...

High Court

Bombay High Court Dismisses Bank's Petition Challenging CGIT Award Setting Aside Dismissal of Clerk for Misappropriation. Reinstatement with 60% Backwages Upheld as Enquiry Findings Were Perverse and Bank Failed to Lead Evidence.

19 Dec 2024

The Petitioner-Bank (Bank of Baroda, successor of Dena Bank) challenged the Part-II and Final Awards of the Central Government Industrial Tribunal (CG...

High Court

Bombay High Court Dismisses Employer's Petition Challenging Tribunal's Order Setting Aside Dismissal for Unauthorized Absence. Employer Failed to Prove Service of Charge-Sheet and Conduct Fair Inquiry Under Section 33(2)(b) of Industrial Disputes Act, 1947.

28 Apr 2005

The Petitioner-Company, M/s. Permanent Magnets Ltd., challenged the judgment and order dated 28.4.2004 passed by the learned Member of the Industrial ...

High Court

Bombay High Court Allows Writ Petition in Service Matter Due to Failure to Frame Preliminary Issues in Disciplinary Enquiry. Labour Court and Industrial Court Orders Set Aside for Non-Compliance with Mandatory Procedure Under MRTU & PULP Act.

9 Dec 2015

The petitioner, Pralhad Waman Lahane, was employed as a Banking Inspector at the Jalna District Central Co-operative Bank Ltd. He joined as a Clerk on...

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