Search Results for "Enquiry Fairness"

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Search Results for "Enquiry Fairness"

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High Court

Karnataka High Court Upholds Labour Court Order Holding Res Judicata Applies to Finding on Fairness of Domestic Enquiry Under Section 33(2)(b) of Industrial Disputes Act. The finding recorded in an approval proceeding under Section 33(2)(b) on the issue of whether the domestic enquiry was fair and proper operates as Res Judicata in a subsequent challenge to the dismissal before the Labour Court.

8 Jul 2025

The petitioner, Fouress Engineering Karmika Sangha, a trade union representing three workmen (K. Muniyappa, K. Chandrashekar, and G. Krishnamurthy), c...

Supreme Court

Supreme Court Dismisses State's Appeal in Disciplinary Proceedings for Violation of Natural Justice and Procedural Rules. The Court upheld the Tribunal's order setting aside punishment due to non-compliance with U.P. Government Servants (Discipline and Appeal) Rules, 1999, including failure to examine witnesses, supply documents, and seek extension of court-stipulated time.

23 Apr 2025

The appeal arose from a challenge by the State of Uttar Pradesh against a High Court order dismissing its writ petition, which had sought to overturn ...

Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

High Court

Bombay High Court Allows Petitions Challenging Demolition of Structures Under MHADA Act — Held That Occupants in Possession Prior to Cut-Off Date Are Entitled to Rehabilitation and Cannot Be Evicted Without Following Due Process Under Section 33 of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971.

19 Jul 2022

The judgment pertains to a group of writ petitions filed by occupants of structures in slum areas in Mumbai, challenging the demolition of their dwell...

High Court

Bombay High Court Dismisses Petition Challenging Labour Court's Preliminary Finding on Fairness of Domestic Enquiry in Service Dispute. Enquiry Not Vitiated by Alleged Victimization or Bias as Labour Court's Decision Was Based on Evidence and Not Perverse.

6 Jun 2022

The petitioner, Shri Tanaji Shankar Anuse, was employed as a Junior Clerk by the respondent, Maharashtra Rajya Doodh Sahakari Mahasangh Maahanand Dudh...

High Court

Bombay High Court Partially Allows Management's Petition and Dismisses Teacher's Petition in Service Dispute — School Tribunal's Order of Reinstatement Without Back Wages Upheld. Teacher's Appointment as Shikshan Sevak Was Valid and Termination Without Prior Approval Under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 Was Illegal.

19 Dec 2019

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India by the management (Shri Gurukul Shikshan Prasarak Mandal...

High Court

Bombay High Court Dismisses Writ Petition Challenging Industrial Court's Order in MRTU & PULP Act Case — Preliminary Issue of Enquiry Fairness Must Be Decided First. The Industrial Court correctly set aside the Labour Court's order deferring the decision on the preliminary issue of legality of domestic enquiry to the final stage, as per settled law under Section 28(1) and Section 44 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

7 Dec 2018

The Petitioner, a Co-operative Credit Society registered under the Maharashtra Co-operative Societies Act, 1960, employed the Respondent as a Secretar...

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...

High Court

Bombay High Court Upholds Industrial Court's Power to Interfere with Punishment in Unfair Labour Practice Complaint — Permanent Stoppage of Increments Set Aside as Disproportionate. The Industrial Court, under Section 30 of the MRTU & PULP Act, 1971, can set aside a punishment if it is shockingly disproportionate to the misconduct, even if the domestic enquiry was valid.

3 May 2014

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

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 ...

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