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Bombay High Court Dismisses Employer's Petition Challenging Reinstatement of Employees in Industrial Dispute Under Bombay Industrial Relations Act, 1946. Employer Failed to Prove Voluntary Abandonment of Service; Termination Without Specific Order Held Illegal.

The petitioner, M/s. Empire Dyeing, a textile processing company, filed a writ petition under Article 226 of the Constitution of India challenging a c...

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Bombay High Court Upholds Termination of Driver in Sexual Assault Case — Departmental Enquiry Valid Despite Acquittal in Criminal Trial. Acquittal in criminal case does not automatically entitle reinstatement as standard of proof differs in departmental proceedings.

The petitioner, Ramesh Baburao Firode, was employed as a driver in the District Court at Shrirampur, Ahmednagar. On 28.11.2011, a complaint was lodged...

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Bombay High Court Dismisses Petition Challenging Transfer Order in ONGC — No Violation of Service Rules Found. Transfer order issued on administrative grounds upheld as petitioner failed to establish mala fides or breach of transfer policy.

The petitioner, Rajinder Paul Bharadwaj, was working as Manager (MM) in the Oil and Natural Gas Corporation Ltd. (ONGC) at Mumbai. He was transferred ...

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Bombay High Court Quashes Suspension of Employee in MSRTC Case — Employer Cannot Suspend Without Considering Employee's Explanation. Suspension Order Set Aside as Charge-Sheet Was Issued Without Affording Opportunity of Hearing Under Standing Orders.

The petitioner, Sachin Charlus Mirpagar, was employed as a Junior Assistant with the Maharashtra State Road Transport Corporation (MSRTC). In 2006, he...

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Bombay High Court Dismisses Union's Petition Challenging Labour Court Award Denying Reinstatement of Workman. Domestic Inquiry Held Fair and Punishment of Dismissal Upheld as Not Disproportionate Under Section 11A of Industrial Disputes Act, 1947.

The petitioner, Maharashtra General Kamgar Union, a registered trade union, challenged the Award dated 8th April 1994 (Part-I) and Award dated 7th Apr...

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Bombay High Court Upholds Reinstatement of Employee Dismissed for Theft of Drill Bits - Labour Court Award of Full Back Wages Restored. Employer's Disciplinary Proceedings Found Vitiated Due to Denial of Fair Opportunity and Non-Examination of Key Witnesses.

The appellant, Mahindra & Mahindra Limited, challenged the judgment of a learned Single Judge of the Bombay High Court which dismissed its writ petiti...

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Bombay High Court Dismisses Petition of ONGC Employee Alleging Victimization for Whistleblowing — Promotion Not a Fundamental Right. Employee Failed to Establish Arbitrariness or Mala Fides in Denial of Promotion and Disciplinary Action.

The petitioner, Kuldeep Kumar Sethee, an officer of Oil and Natural Gas Corporation Limited (ONGC), filed a writ petition alleging that he was denied ...

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Bombay High Court Upholds Dismissal of Employee in Disciplinary Proceedings for Misconduct. Court holds that findings of domestic enquiry are not perverse and punishment is proportionate.

The petitioner, TCE Consulting Engineers Ltd., challenged the order of the Industrial Court which set aside the dismissal of the first respondent, Dil...