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Documents citing Bajaj Auto Limited vs Rajendra Kumar Jagannath Kathar & Ors on 4 April, 2013

Bajaj Auto Limited Through Manager ... vs The State Of Maharashtra And Ors on 31 January, 2018

One more group succeeded in this Court in the year 2013 and the decision given by this Court was endorsed by the Apex Court in the case reported as (2013) 5 SCC 691 (Bajaj Auto Ltd. v. Rajendra ::: Uploaded on - 31/01/2018 ::: Downloaded on - 01/02/2018 01:57:55 ::: 18 LPA 78 of 2013 Kumar Jagannath Kathar). Such complaints were filed right from the year 1997 and on the date of the application filed for registration some references were decided and some were pending. It was submitted that some references are still pending. Only due to the final orders made by the Apex Court in the matters, it can be said their entitlement to get reinstatement came to an end. As they succeeded to prove that the appellant had engaged in unfair labour practice they ought to have been absorbed they got compensation. Further period after the date of termination was considered by the Apex Court for calculating the lump sum amount of compensation. Thus, the rights of the employees were alive to get reinstatement as against the appellant-company and the rights came to an end only after the decision given by the Apex Court. It needs to be mentioned that some references are still pending. These circumstances need to be considered in the present matter as the appellant- company contended that these employees were terminated in the year 1997 and they were not engaged or employed on the establishment or the industry of the appellant-company on the relevant date. This Court holds ::: Uploaded on - 31/01/2018 ::: Downloaded on - 01/02/2018 01:57:55 ::: 19 LPA 78 of 2013 that those terminated employees were workers for the purpose of this Act. In view of these circumstances, this Court holds that it cannot be said that the requirements of aforesaid provision of the Act were not complied with on the relevant date and the authority, Registrar committed mistake in giving certificate of registration in favour of the respondent - Trade Union.
Bombay High Court Cites 25 - Cited by 0 - T V Nalawade - Full Document
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