Unfair Labour Practices

MSRTC Workers’ Wage Revision: Supreme Court Upholds Industrial Court Order in Maharashtra State Road Transport Corporation vs. Subhash S/O Laxmanrao Bramhe (27 February 2025)

/ Judges, K. Vinod Chandran, Labour Law, Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971, Settlements, Sudhanshu Dhulia, Unfair Labour Practices

Date of the Judgment: 27 February 2025 Judges: Sudhanshu Dhulia, J. and K. Vinod Chandran, J. Can a state transport corporation revise the pay scales of its workers based on a retrospective interpretation of prior settlements and court orders? The Supreme Court of India addressed this issue in a recent case involving the Maharashtra State […]

MSRTC Workers’ Wage Revision: Supreme Court Upholds Industrial Court Order in Maharashtra State Road Transport Corporation vs. Subhash S/O Laxmanrao Bramhe (27 February 2025) Read Post »

Supreme Court Orders Reinstatement and Regularization for Ghaziabad Gardeners: Shripal vs. Nagar Nigam (2025)

/ Industrial Dispute, Judges, Labour Law, Prasanna B. Varale, Regularization of Workers, U.P. Industrial Disputes Act, 1947, U.P. Industrial Disputes Act, 1947 with Section 6E, U.P. Industrial Disputes Act, 1947 with Section 6N, Unfair Labour Practices, Vikram Nath

LEGAL ISSUE: Whether the termination of long-serving daily wage workers by a municipal corporation without following due process is legal and if such workers are entitled to regularization. CASE TYPE: Labour Law, Industrial Dispute Case Name: Shripal & Anr. vs. Nagar Nigam, Ghaziabad [Judgment Date]: January 31, 2025 Date of the Judgment: January 31, 2025

Supreme Court Orders Reinstatement and Regularization for Ghaziabad Gardeners: Shripal vs. Nagar Nigam (2025) Read Post »

Supreme Court Resolves Long-Standing Dispute on Absorption of Temporary LIC Workers (27 April 2022)

/ Dhananjaya Y Chandrachud, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 18, Judges, Life Insurance Corporation Act, 1956, Life Insurance Corporation Act, 1956 with Section 48, Life Insurance Corporation Act, 1956 with Section 49, Surya Kant, Unfair Labour Practices, Vikram Nath

Supreme Court Resolves Long-Standing Dispute on Absorption of Temporary LIC Workers (2022) LEGAL ISSUE: Absorption of temporary, badli, and part-time workers. CASE TYPE: Service Law Case Name: Ranbir Singh vs. SK Roy, Chairman, Life Insurance Corp. of India & Anr. [Judgment Date]: 27 April 2022 Introduction Date of the Judgment: 27 April 2022 The Supreme

Supreme Court Resolves Long-Standing Dispute on Absorption of Temporary LIC Workers (27 April 2022) Read Post »

Supreme Court Modifies Reinstatement Order in Contractual Employment Case: MSRTC vs. Kalawati Pandurang Fulzele (2022)

/ B.V. Nagarathna, Contractual Employment, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 2(oo)(bb), Industrial Disputes Act, 1947 with Section 25-F, Industrial Disputes Act, 1947 with Section 25-G, Judges, Labour Law, M.R. Shah, Unfair Labour Practices

Supreme Court Modifies Reinstatement Order in Contractual Employment Case: MSRTC vs. Kalawati Pandurang Fulzele (2022) LEGAL ISSUE: Whether a contractual employee is entitled to reinstatement and back wages upon termination, or if a lump sum compensation is more appropriate. CASE TYPE: Labour Law Case Name: Divisional Controller Maharashtra State Road Transport Corporation vs. Kalawati Pandurang

Supreme Court Modifies Reinstatement Order in Contractual Employment Case: MSRTC vs. Kalawati Pandurang Fulzele (2022) Read Post »

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 »

ONGC Regularisation: Supreme Court Refers Case to Larger Bench on Interpretation of Standing Orders and Unfair Labour Practices

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 2(ra), Industrial Disputes Act, 1947 with Section 25(T), Judges, Unfair Labour Practices

Supreme Court refers ONGC Regularisation Case to Larger Bench Date of the Judgment: February 7, 2020 Judges: Dr Dhananjaya Y Chandrachud, J and Ajay Rastogi, J. Can a temporary employee of a public sector undertaking, who has worked for more than 240 days, automatically become a permanent employee? The Supreme Court of India grappled with

ONGC Regularisation: Supreme Court Refers Case to Larger Bench on Interpretation of Standing Orders and Unfair Labour Practices 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 Orders Regularization of Daily Wage Workers: Pandurang Sitaram Jadhav vs. State of Maharashtra (25 September 2019)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 226, Judges, Labour Law, Labour Law with Section 30(1)(b), M.R. Shah, Regularization of Employees, Sanjay Kishan Kaul, Unfair Labour Practices

Supreme Court Orders Regularization of Daily Wage Workers: Pandurang Sitaram Jadhav vs. State of Maharashtra (2019) LEGAL ISSUE: Whether daily wage workers who have worked for a long period are entitled to regularization, despite the absence of sanctioned posts and a regular appointment process. CASE TYPE: Labour Law Case Name: Pandurang Sitaram Jadhav ETC. ETC.

Supreme Court Orders Regularization of Daily Wage Workers: Pandurang Sitaram Jadhav vs. State of Maharashtra (25 September 2019) Read Post »

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