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MILIND N. JADHAV
Hitachi Astemo Fie Pvt. Ltd. – Appellant
Versus
Nirajkumar Prabhakarrao Kadu – Respondent
JUDGMENT:
1. This Writ Petition is filed by the Petitioner – Company under the provisions of Article 226 and 227 of Constitution of India taking exception to the order dated 31.05.2023 passed on preliminary issues in Reference (IDA) No.106 of 2019 by the 1st Labour Court, Pune. Reference (IDA) No.106 of 2019 is pending adjudication on the remaining issues.
2. By consent of parties, Writ Petition is taken up for final hearing.
3. The facts necessary for adjudication of the present Writ Petition are outlined here under:-
3.1. Respondent - Workman was appointed to work in the assembly section by Petitioner – Company in the year 2003 and his services were terminated on 02.05.2018.
3.2. Respondent - Workman was one of the office bearers of the recognized Union in the Petitioner – Company. In 2017, there was a dispute over wage settlement and negotiations were not concluded and the atmosphere in the company became tensed. At that time, the office bearers of the recognized Union resorted to various agitations including hunger strike, etc. to pressurize the Petitioner – Company. Ultimately a settlement was arrived at between the parties regarding revision of wages and other service conditions a
The main legal point established in the judgment is that the act of the respondent workman fell within the provisions of the Model Standing Orders, and the findings of the Enquiry Officer were upheld....
Factual findings of the Labour Court cannot be dislodged unless there is a jurisdictional error, violation of principles of natural justice, or error apparent on the face of the record.
The main legal point established in the judgment is that the findings of the Enquiry Officer must be logical and not perverse, and the departmental enquiry must be conducted in a fair and proper mann....
An employee who posts derogatory or obscene remarks about their employer or management on social media breaches their duty of fidelity, constituting a valid ground for dismissal, as such actions dama....
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