Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

The workmen (appellants) left their original trade union, were falsely accused of assault, arrested and suspended, and a domestic inquiry was initiated under the Model Standing Orders. They obtained a stay of the domestic inquiry from the Labour Court pending the criminal trial, after which the employer reduced their s…

The petitioners, who were daily‑wage/N.M.R. workers in various Orissa government projects, filed writ petitions seeking regularisation of their services and equal pay with regular staff on the ground that they performed the same duties, invoking Article 14 of the Constitution. The Orissa High Court allowed the petition…

The appellant, Ariane Orgachem Pvt. Ltd., took over the Wyeth Ltd. pharmaceutical factory and its workers under s.25FF of the Industrial Disputes Act, 1947. It later introduced a Voluntary Retirement Scheme (VRS) which 45 of the 143 workers accepted. The Wyeth Employees Union later demanded reinstatement of those worke…

The appellants, a workers' union, challenged a complaint filed under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, arguing that the employer‑employee relationship with the principal employer was disputed and should be decided under the Industrial Disputes Act, 1947. Th…

The Supreme Court examined whether Maharashtra State Road Transport Corporation (MSRTC) could be compelled to grant permanent status, wages and benefits to bus‑cleaners who had been employed as casuals, and whether complaints filed by an unrecognised union under item 6 of Schedule IV of the Maharashtra Recognition of T…

The Nashik Workers Union filed several complaints under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 seeking reinstatement and back wages for trainees of Hindustan Aeronautics Limited (HAL). The dispute turned on whether, for HAL, the "appropriate Government" under Sec…

The case arose from the merger of Murphy India Ltd. with CEAT Ltd., after which 45 workmen were appointed on a temporary basis on 1‑Feb‑1991 and placed on probation. A Memorandum of Settlement dated 29‑Apr‑1991 provided benefits to "permanent workmen" on the rolls as of 31‑Dec‑1990. The workmen claimed that, upon succe…

Mackinnon Mackenzie & Co. Ltd. retrenched about 98 workmen by serving a notice on 27 July 1992, claiming closure of its clearing and forwarding department due to severe financial losses. The workmen’s union challenged the retrenchment, alleging non‑compliance with the Industrial Disputes Act, 1947: no one‑month notice …

The case concerned whether the 1984 Patankar Award of the Industrial Tribunal, which made permanent those workers who had completed 240 days of continuous service, applied to seasonal employees of the Maharashtra State Cooperative Cotton Growers' Marketing Federation. The Union of seasonal employees claimed that the aw…

Bharat Co-operative Bank (Mumbai) Ltd., a multi‑state co‑operative bank, challenged the jurisdiction of the Maharashtra Trade Union Act, arguing that under Section 2(a) of the Industrial Disputes Act, 1947 the "appropriate Government" for a "Banking Company" with branches in more than one state is the Central Governmen…

The Supreme Court examined a challenge by the Balmer Lawrie Workers Union (a non‑recognised union) to the constitutional validity of Section 20(2)(b) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 and to Clause 17 of a settlement that required a 15 % deduction from ar…

The employer, Mis. S.V. Tank & Vessel Pvt. Ltd., retrenched 33 employees and faced a strike. The Engineering Workers Association filed a complaint in the Industrial Court challenging the retrenchment, alleging it was illegal. The Industrial Court set aside the retrenchment and ordered back wages and other benefits, but…

Uttam Manohar Nakate, a helper employed by Bharat Forge Co. Ltd., was found sleeping on duty and admitted the misconduct. A domestic enquiry under Standing Order 24(1) of the Industrial Employment (Standing Orders) Act, 1946 found him guilty and dismissed him, noting three prior misconducts with minor punishments. Naka…

The workmen of Bajaj Auto Ltd. alleged that the company employed a rotation system of temporary workers to avoid granting permanency after 240 days of uninterrupted service, invoking Rule 4C of the Model Standing Orders. The Industrial Court found unfair labour practices under Item 6 of Schedule IV of the Maharashtra R…

Subhash Kondiba Sontakke, a driver employed by Maharashtra State Road Transport Corporation since 1980, was dismissed after a bus under his control rammed a bridge railing due to alleged rash and negligent driving, causing damage to the vehicle. The disciplinary authority dismissed him, but the First Appellate Authorit…

Daily‑wage workers at Punjabrao Krishi Vidyapeeth performed permanent‑nature work continuously and alleged that they were being kept as temporary to deny them permanent benefits, invoking unfair labour practice provisions. The Industrial Court held that the university was guilty of unfair practice and directed it to re…

The appellant, Empire Industries Ltd., locked out its Garlick Engineering factory over three demands: cessation of agitational activities, a ceiling on dearness allowance, and retrenchment of workers. The State of Maharashtra, exercising power under section 10(3) of the Industrial Disputes Act, 1947, issued an order pr…

The General Labour Union (Red Flag) Bombay filed two complaints alleging that the employers, Delta Wires Pvt. Ltd. and Delta Spokes Manufacturing Co., had imposed a lock‑out in violation of the Industrial Disputes Act, 1947 and the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1…

CEAT Ltd. introduced a Voluntary Retirement Scheme (VRS‑I) which 337 employees accepted, and later a second scheme (VRS‑II) under a Memorandum of Understanding which 179 employees accepted. Six former employees who had retired under VRS‑I alleged that the company committed an unfair labour practice by paying a Rs 90,00…

The predecessor of Hindustan Lever Ltd. served chargesheets on nine workmen who then filed complaints under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, alleging that the employer was engaging in unfair labour practices by initiating disciplinary proceedings that could lead…

Rajneesh Khajuria, a sales employee of Wockhardt Ltd., was transferred from Sagar to Mumbai and failed to report, after which his services were terminated. He filed a complaint under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 alleging that the transfer and terminatio…

The Association of Engineering Workers filed a complaint under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, alleging that Hindalco Industries treated its canteen staff as contract workers to avoid granting permanency and benefits. The Industri…

Siemens Ltd. issued a 2007 notification inviting workmen to apply for a two‑year Officer Trainee programme, after which successful candidates would be designated as Junior Executive Officers. The Siemens Employees Union alleged that this scheme violated clause 7 of a 1982 settlement (prohibiting officers from doing nor…

The Maharashtra Government transferred the cotton‑related activities of the Maharashtra State Cooperative Marketing Federation to a newly formed Maharashtra State Cooperative Cotton Growers Marketing Federation. Employees who had been declared permanent by an industrial award of the Marketing Federation claimed that th…

The Armed Forces Ex Officers Multi Services Cooperative Society (the appellant) terminated the services of 55 driver‑employees, members of the Rastriya Mazdoor Sangh (INTUC), claiming a closure of its transport business after a brief illegal strike in 2007. The employees were offered re‑employment on fresh terms, which…

Gangadhar Pillai was engaged by Siemens Ltd. on a series of temporary contracts for project work from 1978 to 2000, each appointment ending when the specific project was completed. She claimed that the employer’s practice of repeatedly hiring her as a temporary worker for over two decades amounted to an unfair labour p…

Tulip Star Hotels entered into a purchase agreement that required the introduction of a Voluntary Retirement Scheme (VRS). While most workers accepted VRS cheques, a new union of employees demanded that the VRS amounts be paid in separate cheques, which the employer refused to honor. The union filed a complaint under t…

The Supreme Court examined the constitutional validity of the Bharat Petroleum Corporation Ltd. (Determination of Conditions of Service of Employees) Act, 1988 and the schemes framed under it in 1989 and 1996. The appellant union argued that Section 3 of the Act gave the Central Government unguided power, that the retr…

The Tata Memorial Hospital Workers Union, a trade union registered under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, sought to maintain its recognition against a rival workers' association. The rival argued that the Tata Memorial Centre (TMC) was under the Central Go…

The appellants, Raymond Ltd. and another, filed complaints under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, claiming they were employees of the respondent company, which denied any direct employer‑employee relationship, asserting the complainants were engaged throug…

The Supreme Court examined a batch of appeals filed by Oil and Natural Gas Corporation (ONGC) challenging High Court orders that regularised workmen based on the PCLU judgment. The Court questioned whether the PCLU decision correctly interpreted clause 2(ii) of ONGC’s Certified Standing Orders and whether it had consid…

The appellant, Sharimk Uttarsah Sabha, a trade union, sought to be impleaded in an Industrial Court proceeding where Raymond Woolen Mills Ltd. had complained of unfair labour practices under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The Industrial Court had restrai…

The workmen employed by the Maharashtra Forest Department under the Panchgaon Parwati Scheme and social‑forestry projects alleged that they had been kept as casual labourers for five to six years, constituting an unfair labour practice under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Pr…

The Mumbai Mazdoor Sabha applied to the Industrial Court for recognition under Section 11 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, claiming 67% membership. The rival union (Times of India and Allied Publications Employees Union) raised objections, but after an …

The case concerned two plant operators (respondents 3 and 4) who were dismissed for sleeping on duty while the machine was left running. The Labour Court held that the dismissal was shockingly disproportionate and ordered reinstatement with back wages. The appellant appealed, arguing that Clause (g) of Item 1 of Schedu…

The National Kamgar Union (appellant) challenged the closure of Kran Rader Pvt. Ltd.'s manufacturing unit, alleging that more than 100 workers were employed and that the employer failed to comply with Section 25-K of Chapter VB of the Industrial Disputes Act, 1947. The Industrial Court had held that 115 workers were em…

The Maharashtra State Co‑operative Bank Ltd. (the Bank) took possession of mortgaged property of Vainganga Sahakari Sakhar Karkhana Ltd. (the Karkhana) after the Karkhana defaulted on a loan and later sold the property to Wainganga Sugar and Power Ltd. The Karkhana’s employees obtained a recovery certificate under the …

The Supreme Court considered two appeals involving Bank of India and a private company concerning wage deductions during industrial actions. In the first appeal, employees participated in a four‑hour strike covering crucial banking hours; the Bank had issued a circular stating that participants would forfeit the full d…

The S.G. Chemicals and Dyes Trading Employees' Union challenged the closure of the company’s Churchgate marketing and sales division, arguing that the closure violated section 25‑0 of the Industrial Disputes Act and amounted to an unfair labour practice under Item 9 of Schedule IV of the Maharashtra Recognition of Trad…

The Maharashtra State Road Transport Corporation (MSRTC) dismissed driver Dilip Uttam Jayabhay after a departmental enquiry found him guilty of rash and negligent driving that caused a 1992 accident killing four passengers. Although the driver was later acquitted in a criminal trial under IPC sections 279 and 304(a) du…

Two recognised workers' unions and a third union (respondent No.2) that was not recognised under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, challenged a circular issued by the Maharashtra State Road Transport Corporation regarding payment of interim relief. The unre…