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december 2009

Supreme Court of India · 2009-12-03

MAHINDRA & MAHINDRA LTD. vs AVINASH DHANIRAMJI KAMBLE

Citation / case number
SC 2008/13184
Court
Supreme Court of India
Petitioner
MAHINDRA & MAHINDRA LTD.
Respondent
AVINASH DHANIRAMJI KAMBLE

Judgment text excerpt

The Supreme Court addressed appeals against the Bombay High Court's judgment regarding unfair labor practices under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The Court upheld the Industrial Court's finding that complaints were not maintainable under certain items of Schedule IV, but clarified that periods of involuntary unemployment must be considered when assessing continuous service. The Court affirmed the Division Bench's ruling that the employer could not deny work availability while engaging temporary workers in a rotational manner, thus reinforcing employee rights under the Model Standing Orders.

MAHINDRA & MAHINDRA LTD. vs AVINASH DHANIRAMJI KAMBLE · Niyam