Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

Supreme Court Upholds Dismissal in MSRTC Accident Case: Dilip Uttam Jayabhay vs. Maharashtra State Road Transport Corporation (03 January 2022)

/ B. V. Nagarathna, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 279, Judges, Labour Law, M. R. Shah, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Unfair Labour Practices

Supreme Court Upholds Dismissal in MSRTC Accident Case: Dilip Uttam Jayabhay vs. Maharashtra State Road Transport Corporation LEGAL ISSUE: Whether the Industrial Court was justified in interfering with the order of dismissal of a driver involved in a fatal accident, and whether the punishment of dismissal was disproportionate to the misconduct proved. CASE TYPE: Labour […]

Supreme Court Upholds Dismissal in MSRTC Accident Case: Dilip Uttam Jayabhay vs. Maharashtra State Road Transport Corporation (03 January 2022) Read Post »

Supreme Court overturns reinstatement order in MSRTC driver dismissal case: Maharashtra State Road Transport Corporation vs. Dilip Uttam Jayabhay (2022) INSC 5 (03 January 2022)

/ B. V. Nagarathna, Criminal Law, Criminal Law with Section 279, Disciplinary Proceedings, Dismissal from Service, Industrial Disputes, Judges, Labour Law, M. R. Shah, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 with Section 1(g), Schedule IV, Reinstatement, Service Law, Unfair Labour Practices

Supreme Court overturns reinstatement order in MSRTC driver dismissal case Date of the Judgment: 03 January 2022 Citation: (2022) INSC 5 Judges: M. R. Shah, J. and B. V. Nagarathna, J. Can an Industrial Court interfere with a disciplinary authority’s decision to dismiss an employee, especially when the employee’s misconduct led to a fatal accident?

Supreme Court overturns reinstatement order in MSRTC driver dismissal case: Maharashtra State Road Transport Corporation vs. Dilip Uttam Jayabhay (2022) INSC 5 (03 January 2022) Read Post »

Supreme Court Upholds Employer’s Right to Transfer, Limits Industrial Court’s Jurisdiction in Unfair Labour Practice Case: Rajneesh Khajuria vs. M/s. Wockhardt Ltd. & Anr. (2020) INSC 21

/ Hemant Gupta, Judges, L. Nageswara Rao, Labour Law, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Schedule IV, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Section 5, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Section 7, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Unfair Labour Practices

Supreme Court Upholds Employer’s Right to Transfer, Limits Industrial Court’s Jurisdiction in Unfair Labour Practice Case LEGAL ISSUE: Whether an employee’s transfer can be considered an unfair labor practice and whether the Industrial Court has jurisdiction over termination disputes arising from such transfers. CASE TYPE: Labour Law Case Name: Rajneesh Khajuria vs. M/s. Wockhardt Ltd.

Supreme Court Upholds Employer’s Right to Transfer, Limits Industrial Court’s Jurisdiction in Unfair Labour Practice Case: Rajneesh Khajuria vs. M/s. Wockhardt Ltd. & Anr. (2020) INSC 21 Read Post »

Supreme Court Prioritizes Employee Dues over Secured Creditor in SARFAESI Act Case: Maharashtra State Co-operative Bank Ltd. vs. Babulal Lade (2019)

/ Enforcement of Security Interest, Government Claims on Land, Judges, Krishna Murari, Maharashtra Land Revenue Code, 1966, Maharashtra Land Revenue Code, 1966 with Section 169, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 with Section 50, Mohan M. Shantanagoudar, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13, Unfair Labour Practices

Supreme Court Prioritizes Employee Dues over Secured Creditor in SARFAESI Act Case: Maharashtra State Co-operative Bank Ltd. vs. Babulal Lade (2019) LEGAL ISSUE: Whether employee dues can take precedence over the claim of a secured creditor under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). CASE TYPE:

Supreme Court Prioritizes Employee Dues over Secured Creditor in SARFAESI Act Case: Maharashtra State Co-operative Bank Ltd. vs. Babulal Lade (2019) Read Post »

Supreme Court Upholds High Court Decision on Worker Count in Factory Closure Case: National Kamgar Union vs. Kran Rader Pvt. Ltd. (2018)

/ Abhay Manohar Sapre, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 25FFA, Industrial Disputes Act, 1947 with Section 25K, Judges, Lay-off, retrenchment, and closure, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 with Section 28, R.K. Agrawal

Supreme Court Upholds High Court Decision on Worker Count in Factory Closure Case: National Kamgar Union vs. Kran Rader Pvt. Ltd. (2018) LEGAL ISSUE: Determination of the applicability of Chapter VB of the Industrial Disputes Act, 1947, based on the number of workers employed. CASE TYPE: Industrial Dispute Case Name: National Kamgar Union vs. Kran

Supreme Court Upholds High Court Decision on Worker Count in Factory Closure Case: National Kamgar Union vs. Kran Rader Pvt. Ltd. (2018) Read Post »

Supreme Court Addresses Representation of Unrecognised Unions in Industrial Disputes: Hind Kamgar Sanghatana vs. Dai Ichi Karkaria Ltd. (2017)

/ Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 36, Judges, Kurian Joseph, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, R. Banumathi, Recognition of Trade Unions, Registration of Trade Unions, Representation of Unions, Trade Unions Act

LEGAL ISSUE: Whether an unrecognized union can represent workers in industrial disputes when there is no recognized union. CASE TYPE: Industrial Dispute Case Name: Hind Kamgar Sanghatana vs. Dai Ichi Karkaria Ltd. and Anr. Judgment Date: 18 July 2017 Date of the Judgment: 18 July 2017 Citation: Civil Appeal No. 9222 of 2017 [@ Special

Supreme Court Addresses Representation of Unrecognised Unions in Industrial Disputes: Hind Kamgar Sanghatana vs. Dai Ichi Karkaria Ltd. (2017) Read Post »

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