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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
University of Mumbai – Appellant
Versus
Amit S. Bagul – Respondent
| Table of Content |
|---|
| 1. factual background of ulp complaint and termination. (Para 1 , 2 , 3 , 4 , 5 , 6 , 21 , 22 , 23 , 24 , 25) |
| 2. petitioners contest jurisdiction, tenure, permanency rights. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. respondents claim victimisation, equal pay entitlement. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 4. no permanency; jurisdiction for pendant termination affirmed. (Para 20 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. termination invalid sans notice, retrenchment compliance. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 6. lowest salary erroneous; arrears limited to 90 days. (Para 42 , 43 , 44 , 45 , 46 , 47 , 48) |
| 7. minimum relevant pay scale for temporaries, no increments. (Para 49 , 50 , 51 , 52 , 53) |
| 8. 50% backwages absent unemployment pleading, evidence. (Para 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61) |
| 9. petition partly allowed; wages directions modified. (Para 62 , 63 , 64 , 65) |
JUDGMENT :
SANDEEP V. MARNE, J.
1) Petitioner-University has filed the present Petition challenging judgment and order dated 28 November 2023 passed by the Industrial Court, Mumbai allowing Complaint (ULP) No. 208 OF 2017 filed by Respondents alleging unfair labour practices under Item Nos. 5, 6 an
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 ....
The main legal point established is that in cases of illegal termination of daily wage workers, reinstatement with back wages is not automatic, and instead, the court may award monetary compensation ....
The principle of 'equal pay for equal work' as established by the Hon'ble Supreme Court was applied by the court to issue the direction for payment of salary in the minimum of the pay scale.
However, wherever it is found that similarly situated workmen are regularized by the employer itself under some scheme or otherwise and the workmen in question who have approached Industrial/Labour C....
Labour Law – Unfair labour practice - when similarly situated workmen have been grated permanency by the University, non-granting of the same to the present workmen is nothing but an unfair labour pr....
Unlawful termination of employees engaged in union activities constitutes unfair labor practices, entitling them to reinstatement and back wages.
Long-serving temporary employees may be regularized despite lack of sanctioned posts, emphasizing the need to address unfair labour practices in public institutions.
For placement in a regular pay scale, the claimant has to be a regular appointee selected on the basis of a regular process of recruitment. An employee appointed on a temporary basis cannot claim to ....
Termination of employment found unlawful under ID Act; reinstatement not automatic; compensation awarded instead.
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