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Bombay High Court Pronounces Verdict in Arbitration Petition Challenging Award That Set Aside Termination of Oil Terminal Operations Contract. Petition Under Section 34 of Arbitration Act Alleges Award is Patently Illegal as Arbitrator Disregarded Contract Terms and Misinterpreted Safety Audit Report.

The dispute arose from an Operating and Services Agreement (OSA) dated 5 May 2015 between HPCL and Aegis for management, operation and maintenance of ...

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Bombay High Court Delivers Judgment on Arbitration Petition Under Section 37 of Arbitration and Conciliation Act, 1996. The Petition Challenged Interim Measures Granted by Arbitral Tribunal in Terminalling Service Agreement Dispute.

The petitioner, Gujarat Chemical Port Terminal Co. Ltd., constructed port terminal facilities at Dahej, Gujarat, including tanks for handling and expo...

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Appropriate Government for ARAI held to be State Government – Petitioner not deemed a ‘workman’ under Section 2(s) of the Industrial Disputes Act, 1947 – Petition dismissed

The petitioner’s supervisory and managerial functions disqualified him from being classified as a ‘workman.’ The nature of duties and responsib...

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Karnataka High Court Dismisses Employer's Appeal Against Reinstatement of Workmen Under Industrial Dispute Act. Held that termination without complying with Section 25-F of the Industrial Disputes Act, 1947 is illegal and workmen are entitled to reinstatement with continuity of service and back wages.

The case involves an appeal filed by Hindustan Aeronautics Limited (HAL) and its officer against an order of a learned Single Judge of the Karnataka H...

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High Court of Bombay Adjudicates Section 34 Petition Against Arbitral Award in Commercial Dispute. Termination of Services Agreement by State Assembly Secretariat Held Illegal by Arbitrator; Court's Decision on Frustration and Party Distinctness Not Available in Provided Excerpt.

Background: The dispute arose from an agreement dated 5 December 2015 between the Uttar Pradesh Legislative Assembly (UPLA) Secretariat and Tata Consu...

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Bombay High Court Upholds Labour Court Award in Industrial Dispute — Reinstatement with 50% Back Wages for Illegal Termination. Services Rendered at Different Units of Same Employer Counted Together for Computing 240 Days Under Section 25F of Industrial Disputes Act, 1947.

The petitioner, Maharashtra State Power Generation Company Limited, challenged an award of the First Labour Court, Nagpur, which directed reinstatemen...

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Bombay High Court Allows Petition Under Section 14(2) of Arbitration Act, Setting Aside Arbitrator's Termination of Proceedings for Delay in Filing Statement of Claim. Arbitrator's Refusal to Condoned Minimal Delay and Termination Held Arbitrary and Amounting to De Jure Inability to Act.

The petitioners, original claimants in arbitral proceedings, filed a petition under Section 14(2) and Section 32(2) of the Arbitration and Conciliatio...

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Bombay High Court Dismisses Writ Petition of Oral Appointee Sweeper Challenging Termination Without Regularisation. Petitioner failed to establish continuous service of 240 days under Section 25B of Industrial Disputes Act, 1947 and was not a workman under Section 2(s) of the Act.

The petitioner, Ashok Namdeo Sangale, filed a writ petition challenging the judgment and order dated 02/11/2013 of the Central Administrative Tribunal...