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N. J. JAMADAR
Bhatiya General Hospital – Appellant
Versus
Hanmant Anandrao Raje – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, heard finally at the stage of admission.
2. This petition under Article 226 of the Constitution of India assails the judgment and order dated 21st January, 2022 passed by the learned Member, Industrial Court at Mumbai in Complaint (ULP) No. 366 of 2018 whereby the learned Member was persuaded to hold and declare that the petitioners/ employers engaged in unfair labour practices under Items 5, 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (the Act, 1971) and direct the petitioners to cease and desist from engaging in unfair labour practices and quash and set aside the letter dated 28th July, 2018 and email dated 30th July, 2018 and the consequent action and also direct the petitioners to grant medical and monetary benefits as well as leave facilities which the respondents/ complainants were enjoying prior to August, 2018 and extend the same service conditions which the respondents/ complainants were enjoying before they were sought to be changed by the communications which were quashed and set aside.
3.
The main legal point established in the judgment is the need to focus on the primary and predominant duties of a person in determining their status as a workman under the Industrial Disputes Act, 194....
The main legal point established in the judgment is the interpretation of Section 2(s)(iv) of the Industrial Disputes Act, 1947, regarding the definition of a 'workman' and the requirement for follow....
Assistant Managers employed by the Food Corporation of India who are employed mainly in a managerial or administrative capacity and draw wages exceeding ten thousand rupees per mensem are not “workme....
The court established that the status of a workman is determined by the nature of duties performed, and transfers can be deemed unfair if motivated by mala fide intentions, especially in relation to ....
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