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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S. SONAK,, ADVAIT M. SETHNA
Manish Ashok Badkas – Appellant
Versus
Novartis India Ltd. – Respondent
| Table of Content |
|---|
| 1. territorial jurisdiction of labour courts is central. (Para 2 , 4) |
| 2. jurisdiction is complex and depends on multiple factors. (Para 5 , 6 , 7 , 11) |
| 3. employees face prolonged litigation. (Para 12 , 13 , 14) |
| 4. historical context of jurisdiction disputes. (Para 15 , 16 , 20 , 21) |
| 5. overruling of glaxosmithkline is significant. (Para 50 , 52 , 53) |
| 6. reinstatement of cases to labour court is necessary. (Para 164 , 165 , 166) |
| 7. remedial action for adhering to legal proceedings. (Para 182 , 183 , 184) |
| 8. proper jurisdiction is crucial for adjudication. (Para 188 , 189 , 192 , 193) |
| 9. all procedures must follow legal principles on jurisdiction. (Para 201 , 202 , 203) |
JUDGMENT :
1. Heard learned counsel for the parties.
2. Appeal No. 585 of 2009 was admitted, and a Rule has been issued in the related Petitions. In any case, with the agreement of and at the request of learned counsel for the parties, all these matters were taken up for final hearing, and the learned counsel for the parties were thoroughly heard.
4. These matters concern the determination of territorial jurisdiction of Labour/Industrial Courts in Maharashtra to entertain complaints of unfair labour practices all
Labour/Industrial Courts in Maharashtra have jurisdiction to hear complaints of unfair labour practice if relevant decisions are made within Maharashtra, despite employee postings outside the State.
The main legal point established in the judgment is the interpretation of the provisions of the MRTU & PULP act, the Regulations framed thereunder, and the notification specifying the territorial jur....
The situs of employment is an important factor which determines the jurisdiction. The cause of action is to be determined by applying the principle as enumerated in Code of Civil Procedure, 1908. The....
The Labour Court at Chandigarh has jurisdiction over the dispute as the decision to terminate the workman was made at the head office located there, despite the workman being posted in Tirupur.
The Labour Court at Chandigarh has jurisdiction to adjudicate the termination claim as the decision to terminate was made at the head office in Chandigarh, establishing part of the cause of action th....
The court affirmed that the Labour Courts in Delhi have jurisdiction for disputes arising from the Majithia Wage Board recommendations based on combined cause of action and situs tests, emphasizing e....
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