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SANDEEP V. MARNE
Maharashtra State Co-operative Marketing Federation Ltd. – Appellant
Versus
Bhagyashree Pravin Kulkarni – Respondent
JUDGMENT :
1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel for parties, Petition is taken up for hearing.
2. Petition is filed by The Maharashtra State Co-operative Marketing Federation Ltd., a Federal Co-operative Society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960, challenging the Order dated 28 June 2023 passed by the Member, Industrial Court, Mumbai, on application at Exh.U-11 filed by the Respondent in Complaint (ULP) No.175 of 2019. By the impugned Order, the Industrial Court has granted interim protection to the Respondent in the form of direction to the Petitioners to pay her the wages from the date of her transfer to contractor along with all consequential benefits of annual increment till final disposal of the main complaint. The Petitioners are further directed to allow the Respondent to mark her attendance on the muster-roll till final disposal of the main complaint.
3. Considering the narrow controversy involved in the present Petition, it is not necessary to narrate all the facts in detail. Suffice it to record that the Respondent came to be employed as a Typist on daily wage basis by the Peti
The main legal point established in the judgment is that the Industrial Court's grant of additional interim relief was unsustainable and interfered with the existing employment arrangement, as protec....
The authority's order under Section 33-C(1) was valid as the employer failed to dispute the existence of a relevant settlement, maintaining wage parity between contractual and regular employees in li....
Transfer is a standard condition of service, and can only be challenged on grounds of mala fides, which require substantial proof of personal bias or improper motive.
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