#Industrial Disputes

Bombay HC sets aside Industrial Court's restrictive interpretation of a medical reimbursement scheme, ruling that dependents' hospitalisation expenses are covered. The judgment awards Rs. 24,194 with 8% interest, clarifying employer obligations under the Employees Medical Benefit Scheme.

Bombay High Court rules that an employer's failure to provide a fair opportunity to justify dismissal under the MRTU & PULP Act violates principles of natural justice, rendering reinstatement void. The court awarded Rs. 15 lakh compensation, balancing 16 years of service against unauthorized absence, setting a precedent for compensation in lieu of reinstatement where procedural fairness is breached.

Bombay High Court mandates that Industrial Courts must independently assess both the fairness of a domestic enquiry and the perversity of its findings. Failure to record separate findings on these grounds vitiates the appellate order, requiring fresh adjudication.

Bombay High Court reaffirms that daily wagers must strictly prove 240 days of continuous work in a calendar year with documentary evidence like muster rolls to claim permanency benefits under the Maharashtra Government Resolution dated 31.01.1996. The ruling underscores the burden of proof on workers and limits arbitrary permanency claims in public employment.

Bombay High Court upholds the retrospective implementation of 6th Pay Commission scales for non-teaching staff in unaided private institutions from 1 January 2006, rejecting financial burden arguments. The ruling reinforces that unaided institutions cannot evade statutory pay revisions under Article 14, impacting thousands of employees in similar institutions.

Bombay High Court rules that even temporary misappropriation by a bank employee irreparably damages trust, warranting dismissal under service law. The judgment reinforces that disciplinary proceedings for financial misconduct need not prove permanent loss but only breach of fiduciary duty, impacting employment termination policies in banking and cooperative sectors.

The Bombay High Court upholds that employers may enforce pre-agreed transfer clauses in employment contracts even after reinstatement, provided no mala fide intent is proven. Personal hardship, however significant, cannot override the employer's legitimate managerial discretion under service law. This reinforces contractual certainty for employers across industries with mobility clauses.

Bombay High Court rules that workmen who voluntarily resigned under a Voluntary Retirement Scheme (VRS) and accepted full and final settlement cannot later claim lockout wages. The court held that signed receipts extinguish all future claims unless fraud or coercion is established, reinforcing the finality of settlements in employment disputes.

Bombay High Court upholds dismissal of an employee for misappropriating company funds by advancing loans at 48% interest and depositing Rs. 43,837 in personal accounts, far exceeding his salary. The court rules that such gross misconduct bars reinstatement under the Industrial Disputes Act, mandating only monetary compensation where superannuation applies.

Bombay High Court rules that industrial dispute proceedings cannot continue after the complainant's death, as the cause of action does not survive. The court mandates addition of legal representatives as parties but rejects condonation of delay, emphasizing procedural compliance under the Industrial Disputes Act.

Bombay High Court holds that revisional jurisdiction is supervisory, not appellate; cannot reopen issues not challenged. Back wages awarded where employer fails to rebut workman's sworn affidavit of unemployment.

Bombay High Court holds that once workers plead unlawful termination and continued unemployment, employer bears burden to prove they secured alternative employment.