Topic
Bombay High Court holds that the Industrial Court cannot deny reinstatement without first resolving the dispute over whether resignations were tendered. The ruling mandates payment of settlement benefits with 6% interest to workers, reinforcing procedural fairness in unfair labour practice disputes under the MRTU & PULP Act.
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.
The Bombay High Court has ruled that in domestic enquiries under the MRTU & PULP Act, employers need only prove misconduct on a preponderance of probabilities-not beyond reasonable doubt. This lowers the evidentiary bar for disciplinary actions, directly impacting employee rights in industrial disputes and reinforcing the tribunal’s deference to internal investigations.
Bombay High Court rules that a 16-year delay in filing a revision petition under the MRTU and PULP Act is fatal, even in the absence of statutory limitation. The court also clarifies that criminal liability cannot be imposed on former directors without specific pleadings of personal involvement, reinforcing the principle that delay and laches bar equitable relief.
Bombay High Court rules that minor omissions-such as past contractual engagement or pending FIRs without serious allegations-cannot disqualify a widow from compassionate appointment. The Court reduced backwages from 100% to 30% and directed BEST to appoint the respondent within six weeks, reinforcing that only material suppression affects eligibility.