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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ARUN R.PEDNEKER
L. G Balakrishnan & Bros Ltd. – Appellant
Versus
Aurangabad Mazdoor Union (CITU) – Respondent
| Table of Content |
|---|
| 1. nature and basis of unfair labour practices. (Para 1 , 4 , 5 , 6) |
| 2. procedural and jurisdictional aspects in the case. (Para 2 , 3 , 10 , 11) |
| 3. arguments regarding compliance and unfair treatment of union members. (Para 9 , 12 , 14 , 15) |
| 4. assessment of evidence and management's credibility in termination. (Para 22 , 30 , 32 , 42) |
| 5. final decision on reinstatement and backwages. (Para 46 , 49 , 51) |
JUDGMENT :
ARUN R. PEDNEKER, J.
1) By the present writ petition, the petitioner challenges the judgment and order dated 28/02/2025 passed by the learned Member, Industrial Court Maharashtra Bench at Jalna in Complaint U.L.P. No. 225/2019 filed under section 28 r/w Item Nos. 1(a), 1(b), 4(a) and 5 of Schedule I and Items 2, 5, 6, 9 and 10 Schedule-IV of the Maharashtra Recognition Trade Union and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the ‘MRTU & PULP Act’ for short). By the impugned order the Industrial Court declared that the petitioners herein indulged in unfair labour practices under section 28 r/w Item Nos. 1(a), 1(b), 4(a) and 5 of Schedule I and Items 2, 5, 6 and 9 Schedule-IV of the MRTU & PULP Act and directed the petitioner to
Unlawful termination of employees engaged in union activities constitutes unfair labor practices, entitling them to reinstatement and back wages.
The court upheld the Labour Court's finding of unjustified non-employment of workmen due to unfair labor practices, establishing the employer-employee relationship despite claims of contract labor.
Temporary employees' termination post-ULP complaint illegal sans compliance; reinstatement upheld sans permanency; backwages limited to 50% pendency, arrears 90 days pre-filing; entitled to minimum p....
There may be cases where termination of a daily-wage worker is found to be illegal on the ground that it was resorted to as unfair labour practice or in violation of the principle of last come first ....
Compliance with the principle of natural justice is crucial in employment termination cases, and workmen are entitled to full back wages in case of illegal termination.
Burden of proof in employment disputes shifts to the employer once workmen establish their employment. In cases of termination, statutory compliance is critical.
The main legal point established in the judgment is the requirement to prove the contents of documents by primary evidence or secondary evidence under Sections 61 and 65 of the Evidence Act.
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