Search Results for "Employer Discretion"

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Search Results for "Employer Discretion"

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High Court

Gujarat High Court Dismisses Employer's Challenge to Labour Court Award of Reinstatement with 30% Backwages for Workman. Termination of Daily Wager Without Compliance with Section 25F of Industrial Disputes Act, 1947 Held Illegal.

20 Feb 2026

The judgment arises from two Special Civil Applications filed under Articles 14, 21, 226, and 227 of the Constitution of India read with the Industria...

High Court

Bombay High Court Quashes Bank Policy Barring Retired Union Office Bearers from Grievance Redressal Meetings — Violation of Trade Union Rights Under Trade Unions Act, 1926. The court held that a policy prohibiting retired elected office bearers from participating in grievance redressal committee meetings is arbitrary and infringes upon the right of union members to elect their representatives under the Trade Unions Act, 1926.

2 Aug 2024

The petitioner, All India Bank of Maharashtra Employees Federation, a recognized trade union, challenged Clause 6(d) of the Employees Grievances Redre...

Supreme Court

Supreme Court Allows Appeal in Police Recruitment Case, Overturns Cancellation for Non-Disclosure of Acquitted Criminal Case. Non-disclosure of an acquitted case is not automatically fatal; cancellation requires assessment of facts, including acquittal and character verification, under Clause 9 of Uttar Pradesh Police Recruitment Rules, 2004.

22 Feb 2024

The dispute arose from the cancellation of a candidate's selection for the post of Constable in the Uttar Pradesh Police due to non-disclosure of a cr...

Supreme Court

Supreme Court Allows Appeal by Cooperative Federation on Pay Scale Revision Date Due to Financial Constraints. The Court Held That Financial Stringency Is a Valid Consideration for Deferring Implementation of Revised Pay Scales Under the Industrial Disputes Act, 1947 and Service Rules, Overturning the High Court's Finding of Unfairness.

9 Jul 2021

The Supreme Court of India heard civil appeals filed by the Punjab State Co-operative Milk Producers Federation Ltd. against a High Court order that a...

High Court

Bombay High Court Upholds Compensation Over Reinstatement for Daily Wage Employee in Unfair Labour Practice Case. Refusal of reinstatement and back wages upheld as employee worked only for 4 years and compensation of Rs. 25,000 deemed adequate under MRTU & PULP Act, 1971.

4 Oct 2018

The petitioner, Jagdish s/o Karuji Bombarde, was a daily wage employee of the Municipal Council, Tumsar. He was appointed in February 1997, transferre...

High Court

High Court of Karnataka Allows Writ Petition in Service Matter — Resignation Obtained Under Coercion Quashed. The Court Held That Resignation Must Be Voluntary and Free from Duress, and Employer Must Follow Natural Justice Before Accepting Resignation.

15 Mar 2018

The petitioner, Basavaraj S/o Veerappa Shalawadi, was a conductor employed by the North West Karnataka Road Transport Corporation (NWKRTC). He was all...

High Court

Bombay High Court Upholds Arbitral Award in Price Escalation Dispute Under FIDIC Contracts — Formula Interpretation Not Permissible When Language Is Clear. Court holds that a price escalation formula in a contract, being a mathematical expression, cannot be interpreted or varied by an arbitrator if its terms are unambiguous.

31 Mar 2017

The judgment concerns two arbitration petitions arising from contracts between the Municipal Corporation of Greater Mumbai and two contractors, M/s. A...

High Court

Bombay High Court Dismisses Trade Union's Petition Challenging Transfer of Employees - Transfer Order Not Shown to Be Mala Fide or Unfair Labour Practice Under MRTU and PULP Act. The court held that the union failed to establish a prima facie case for interim relief under Section 30(2) of the MRTU and PULP Act, 1971, as the transfer was a routine management decision.

15 Mar 2016

The petitioner, Engineering Workers Association, a registered trade union, filed a writ petition under Articles 226 and 227 of the Constitution of Ind...

High Court

Bombay High Court Dismisses Trade Union's Petition Challenging Rejection of Interim Relief in Transfer Dispute. Industrial Court's Refusal to Stay Transfer Orders Upheld as No Prima Facie Case of Unfair Labour Practice Established Under MRTU and PULP Act.

15 Mar 2016

The petitioner, Engineering Workers Association, a registered trade union, filed a writ petition under Articles 226 and 227 of the Constitution of Ind...

High Court

High Court of Bombay Upholds Reinstatement of Bank Employee in Disciplinary Matter — Full Back Wages Awarded for Flawed Inquiry. Syndicate Bank's Dismissal of Clerk for Alleged Misconduct Set Aside as Inquiry Was Vitiated by Bias and Non-Supply of Documents.

11 Apr 2014

The petitioner, Syndicate Bank, a nationalised bank, challenged the Part-I Award dated 28.5.2003 and Part-II Award dated 7.9.2010 passed by the Centra...

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