2026 LLR WEB 815 - CALCUTTA HIGH COURT
A Labour Court has inherent jurisdiction to decide preliminary facts going to the root of its own jurisdiction, including employer-employee relationship, but cannot invalidate an Order of Reference made by the appropriate Government.
INDUSTRIAL DISPUTE Order of Reference Maintainability Jurisdiction of Labour Court Employer-Employee Relationship Written Demand Section 10 and Section 10(4) of the Industrial Disputes Act,...... read full judgement
2026 LLR WEB 814 - BOMBAY HIGH COURT
Exoneration in domestic enquiry does not validate an appointment made without sanctioned post or due recruitment procedure.
INDUSTRIAL DISPUTES ACT, 1947 Section 2-A Section 25-F Public employment Void appointment Sanctioned post Articles 14 and 16 of the Constitution Domestic enquiry Exoneration Reinstatemen...... read full judgement
2026 LLR WEB 813 - BOMBAY HIGH COURT
Dismissal without approval under Section 33(2)(b) during pending proceedings is void; reinstatement follows as a statutory consequence, not discretionary relief.
SECTION 33(2)(b) INDUSTRIAL DISPUTES ACT, 1947 Pendency of proceedings Section 20(3) Section 17A Approval Dismissal void Reinstatement Back wages A workman was charge-sheeted, found guil...... read full judgement
2026 LLR WEB 812 - BOMBAY HIGH COURT
Completion of probation without a written confirmation order does not confer deemed permanency on a probationer.
PROBATION CONFIRMATION Model Standing Orders Clause 4A of Schedule I Rule 32 Deemed confirmation Written order Retrenchment Section 25F Section 2(oo)(bb) of the Industrial Disputes Act, ...... read full judgement