Back
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
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 desist from committing such unfair labour practices. The Industrial Court has also quashed and set aside the termination orders dated 31.1.2020 and 1.2.2020 issued to the complainants/workmen by the petitioner and directed the petitioner to reinstate the complainants within two months of the passing of the order. Petitioner is further directed to pay the balance of 50% of backwages to the complainants from the date
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.
The court has the discretion to mold relief under Section 30(1) based on the circumstances, including the closure of the company, and may award compensation in lieu of full reinstatement with back-wa....
The main legal point established in the judgment is that the employer must follow the relevant provisions of the I.D. Act before terminating the service of an employee, and failure to do so may entit....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
