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

59 judgments · newest first · showing 1–59

CHIEF EXECUTIVE OFFICERversusSATISH GYANOBA GAIKWAD

DISPOSED OFF

The petition was filed by the Chief Executive Officer challenging an order of the Industrial Court (Latur Bench) that had granted regularisation to a watchman employed on daily wages since 1990, finding that he had completed 240 days of service in a year. The petitioner argued that the employee was …

SUNIL VITHALRAO JIKAREversusJANSEVA NAGARI SAHAKARI BANK THROUGH MANAGER

DISPOSED OFF

The petitioner, a peon at Janseva Nagari Sahakari Bank, was terminated on 31 July 2014 for alleged sexual harassment of a female co‑worker, despite no disciplinary enquiry being held. The Labour Court, relying on the employee’s complaint, the petitioner’s own apology letter and undertaking admitting …

CERAFLUX INDIA PRIVATE LIMITED, THR. ITS DIRECTOR.versusSUNIL DIPAK PATIL

Dismissed

Ceraflux India Private Limited terminated a permanent employee, Sunil Dipak Patil, without complying with the procedural safeguards mandated by the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 and the Maharashtra Industrial Employment (Standing Orders) …

MAHALAKSHMI GLASS WORKS PVT. LTD.versusSUNIL V. MAGAR AND ORS

Disposed Off

Mahalakshmi Glass Works Pvt. Ltd. (Petitioner) sought to close its glass‑container factory in Mumbai and obtained permission from the Labour Commissioner in 2006. A recognised union (Bhartiya Kamgar Sena) and other workers filed applications for review, leading the State Government to refer the …

MAHALAKSHMI GLASS WORKS PVT. LTD.versusSUNIL V. MAGAR AND ORS

Disposed Off

Mahalakshmi Glass Works Pvt. Ltd. (Petitioner) sought to close its glass‑container factory in Mumbai and obtained permission from the Labour Commissioner in 2006. A recognised union (Bhartiya Kamgar Sena) and other workers filed applications for review, leading the State Government to refer the …

JAPFA COMFEED INDIA PVT LTDversusKASHINATH JADHAV

Partly Allowed

JAPFA COMFEED India Pvt. Ltd. filed a writ petition challenging a stay order dated 11 October 2023 issued by the First Labour Court, Pune, which halted the termination of employee Kashinath Jadhav pending a determination of his status under the Maharashtra Recognition of Trade Unions and Prevention …

THE BUSINESS CO OP BANK LTD AND ANRversusVIRENDRA VIJAY DANI

Partly Allowed

The Business Co-operative Bank dismissed Senior Executive Virendra Vijay Dani for refusing to obey a transfer order and alleged misconduct, without conducting a disciplinary enquiry. Dani challenged the dismissal before the Labour Court, which set aside the termination and ordered reinstatement …

MAHARASHTRA STATE ROAD TRANSPORT CORPORATIONversusDILIP UTTAM JAYABHAY

2022 INSC 5Appeal(s) allowed

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 …

OIL AND NATURAL GAS CORPORATIONversusKRISHAN GOPAL & ORS.

2020 INSC 147Directions issued

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 …

RAJNEESH KHAJURIAversusM/S. WOCKHARDT LTD. & ANR.

2020 INSC 43Dismissed

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 …

NATIONAL KAMGAR UNIONversusKRAN RADER PVT. LTD. & ORS.

2018 INSC 3Disposed off

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 …

NASHIK WORKERS UNIONversusHINDUSTAN AERONAUTICS LIMITED

2016 INSC 1170Appeal(s) allowed

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 …

M/S ARIANE ORGACHEM PVT. LTD.versusWYETH EMPLOYEES UNION & ORS.

2015 INSC 372Dismissed

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 …

MACKINON MACKENZIE & COMPANY LTD.versusMACKINNON EMPLOYEES UNION

2015 INSC 154Dismissed

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: …

SIEMENS LTD. & ANOTHERversusSIEMENS EMPLOYEES UNION & ANOTHER

2011 INSC 754Appeal(s) allowed

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 …

RAYMOND LTD. & ANOTHERversusTUKARAM TANAJI MANDHARE & ANOTHER

2011 INSC 192Matter referred to larger bench

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 …

TATA MEMORIAL HOSPITAL WORKERS UNIONversusTATA MEMORIAL CENTRE AND ANOTHER

2010 INSC 487Appeal(s) allowed

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 …

M/S. EMPIRE INDUSTRIES LTD.versusSTATE OF MAHARASHTRA & ORS.

2010 INSC 156Dismissed

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, …

SUBHASHversusDIVISIONAL CONTROLLER M.S.R.T.C. AND ANR.

2009 INSC 1147Case Partly allowed

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 …

HINDALCO INDUSTRIES LTD.versusASSOCIATION OF ENGINEERING WORKERS

2008 INSC 369Dismissed

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 …

TULIP STAR HOTELS AND ORS.versusUNION OF CENTAUR-TULIP EMPLOYEES AND ORS.

2007 INSC 556Disposed off

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 …

BHARAT CO-OPERATIVE BANK (MUMBAI) LTD.versusCO-OPERATIVE BANK EMPLOYEES UNION

2007 INSC 331Dismissed

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 …

GANGADHAR PILLAIversusM/S. SIEMENS LTD.

2006 INSC 830Dismissed

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 …

CEAT LTD.versusMURPHY INDIA EMPLOYEES UNION

2006 INSC 250Dismissed

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 …

CEAT LTD.versusANAND ABASAHEB HAWALDAR AND ORS.

2006 INSC 89Appeal(s) allowed

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 …

STATE OF MAHARASHTRA AND ORS.versusR.S. BHONDE AND ORS.

2005 INSC 363Case Partly allowed

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 …

M/S. S.V. TANK & VESSEL PVT. LTD.versusENGINEERING WORKERS ASSOCIATION

2005 INSC 213Disposed off

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 …

BHARAT FORGE CO. LTD.versusUTTAM MANOHAR NAKATE

2005 INSC 39Appeal(s) allowed

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 …

BAJAJ AUTO LTD.versusBHOJANE GOPINATH D. AND ORS.

2003 INSC 729Disposed off

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 …

SARVA SHRAMIK SANGHversusMIS. INDIAN SMELTING AND REFINING CO. LTD. AND ORS.

2003 INSC 569Dismissed

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 …

STATE OF ORISSA AND ORS.versusBALARAM SAHU AND ORS.

2002 INSC 450Appeal(s) allowed

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 …

B.D. SHETTY AND ORS.versusM/S. CEAT LTD. AND ANR.

2001 INSC 537Leave Granted & Allowed

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 …

COLOUR-CHEM LTD.versusA.L. ALASPURKAR AND ORS.

1998 INSC 67Dismissed

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) …

M.R. PATIL AND ANR.versusMEMBER, INDUSTRIAL COURT AND ANR.

1997 INSC 343Leave Granted & Allowed

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 …

PROCESS TECHNICIANS AND ANALYSTS' UNIONversusUNION OF INDIA AND ORS.

1997 INSC 240Dismissed

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 …

CHIEF CONSERVATOR OF FORESTSversusJAGANNATH MARUTI KONDHARE

1995 INSC 847Dismissed

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 …

HINDUSTAN LEVER LTD.versusASHOK VISHNU KATE AND ORS.

1995 INSC 575Dismissed

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 …

SHARMIK UTTARSH SABHAversusRAYMOND WOOLLEN MILLS LTD. AND ORS.

1995 INSC 103Dismissed

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 …

MAHARASHTRA STATE COOPERATIVE COTTAN GROWERS' MARKETING FEDERATION LTD. AND ANR.versusMAHARASHTRA STATE COOPERATIVE COTTON GROWERS' MARKETING FEDERATION EMPLOYEES UNION AND ANR.

1994 INSC 23

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 …

BANK OF INDIAversusT.S. KELAWALA AND ORS.

1990 INSC 192Appeal(s) allowed

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 …

MUMBAI MAZDOOR SABHAversusBENNET COLEMAN & COMPANY LTD. & ORS.

1986 INSC 109Appeal(s) allowed

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 …

BALMER LAWRIE WORKERS' UNION, BOMBAY AND ANR.versusBALMER LAWRIE AND CO. LTD. AND ORS.

1984 INSC 241Dismissed

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 …

GENERAL LABOUR UNION (RED FLAG) BOMBAYversusB. V. CHAVAN AND ORS.

1984 INSC 214Disposed off

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 …