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High Court Quashes Industrial Court’s Remand Order; Reinforces Fairness in Proportionate Punishment in Labor Disputes. Unfair Labor Practice in Dismissal Addressed under the Doctrine of Proportionality.

The Bombay High Court, Nagpur Bench, examined a labor dispute where the petitioner, a former employee, contested his dismissal on the grounds of unfai...

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Bombay High Court Upholds Termination of Employees for Illegal Strike and Misconduct Without Enquiry — Justified Under MRTU & PULP Act. Employer's Right to Lead Evidence Before Labour Court to Justify Dismissal Without Enquiry Upheld When Atmosphere of Terror Prevents Disciplinary Proceedings.

The case involves a writ petition filed by 22 ex-employees of M/s. Advani Oerlikon Ltd. challenging the judgment and order of the First Labour Court, ...

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Supreme Court Upholds Corporation in Dismissal Case, Denying Reinstatement Despite Procedural Lapse. Employee Held Entitled Only to Damages as Contract of Personal Service Cannot Be Specifically Enforced; Breach of Regulation Did Not Violate Mandatory Statutory Obligation.

The case involved a dispute between an employee and his employer, a statutory corporation, regarding the employee's dismissal from service. The employ...

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Bombay High Court Dismisses Employer's Petition Challenging Reinstatement of Workman in Unfair Labour Practice Case. Labour Court's finding of illegal termination and award of 25% back wages upheld as not perverse.

The petitioner, Hartex Tubes Pvt. Ltd., challenged the judgment of the First Labour Court, Nagpur, dated 26.2.2007, which declared the dismissal of re...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court's Reinstatement Order in Limitation Dispute. Employee's Dismissal for Illegal Strike Set Aside as Approach Notice Held Within Limitation Under Section 79 of Bombay Industrial Relations Act, 1946.

The petitioner, The Morarjee Gokuldas Spg. & Wvg. Co. Ltd., challenged the judgment and order of the Labour Court in Application (BIR) 1032 of 1984, c...

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Bombay High Court Dismisses Writ Petition of Bank Peon Challenging Dismissal for Misappropriation. Misappropriation of Funds by a Bank Employee Constitutes Breach of Trust Warranting Dismissal, Even with Admission and Restitution.

The petitioner, Balasaheb Raghunath Bankar, was employed as a Peon with the respondent, The Rayat Sevak Cooperative Bank Ltd., from 2001. He was charg...

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High Court Dismisses Writ Petition Challenging Dismissal of Bus Conductor for Habitual Absence. Past Punishments for Similar Misconduct Justify Dismissal Under Standing Orders Clause 20(f) of BEST Undertaking.

The petitioner, Mr. Balasaheb Madhukar Bende, was appointed as a bus conductor by the BEST Undertaking (Respondent No.1) on 5 April 1989. He remained ...

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Bombay High Court Upholds Dismissal of Workman for Habitual Absenteeism in MRTU and PULP Act Complaint. Concurrent findings of fact by Labour Court and Industrial Court not interfered with under writ jurisdiction as no perversity or violation of natural justice established.

The petitioner, Francis Xavier, was employed by M/s. Magna Graphics (I) Pvt. Ltd. and was dismissed on 24 August 1995 for habitual absenteeism. He cha...