Madhya Pradesh High Court
[Indore Lok Sabha Elections] MP High Court Declines Plea Of Congress' 'Substitute' Candidate Whose Nomination Was Rejected From Contesting As 'Approved' Candidate
A division bench of Madhya Pradesh High has refused to interfere with a single judge bench order holding that a 'substitute candidate' fielded by the Congress Party cannot be considered as an 'approved candidate' due to the withdrawal of the initially approved candidate from the Lok Sabha Elections 2024.The single bench had held that if the substitute candidate's form is signed by only one proposer, on acceptance of the form of the 'approved candidate', the form of the substitute candidate would...
Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court
Madhya Pradesh High Court has recently underscored that notice of proceedings should have been issued to the petitioner and not his counsel in the matter.The single-judge bench of Justice Pranay Verma observed that when a direction was issued by the court to grant the opportunity of hearing to all interested parties, including the petitioner, the respondent-Joint Director, Directorate of Town and Country Planning was obligated to issue notice to the petitioner himself.Pursuant to a High Court...
Assistant Labour Commissioner Not Competent To Decide Complaint Filed By Inspector Under Minimum Wages Act: Madhya Pradesh High Court
The Madhya Pradesh High Court (“High Court”) single bench of Justice Gurpal Singh Ahluwalia held that the Assistant Labour Commissioner is not a competent authority to decide the claims arising out of payment of less than the minimum rates of wages under the Minimum Wages Act, 1948. It held that the Assistant Labour Commissioner is not competent to decide the complaint filed by...
Dismissal Of Woman During Her Absence From Employment Or Pregnancy Has To Be Dealt By Prescribed Authority Under Maternity Benefit Act: Madhya Pradesh High Court
The Madhya Pradesh High Court single bench of Justice Subodh Abhyankar held that dismissal of a woman during her absence from employment or pregnancy has to be dealt by the prescribed authority only, before whom, an efficacious alternative remedy, by way of an appeal, as provided under the Maternity Benefit Act, 1961 lies. Brief Facts: Smt. Priyanshi Garg, a contractual...
Duty Of Labour Commissioner To Refer Application For Maternity Benefits To Inspector Even If Erroneously Submitted: Madhya Pradesh High Court
The Madhya Pradesh High Court single bench of Justice Subodh Abhyankar held that even if the application for maternity benefits was erroneously submitted by an employee before the Labour Commissioner, it is the duty of the Commissioner to refer the same to the Inspector as provided under Section 17 of the Maternity Benefit Act, 1961 Brief Facts: The Petitioner, employed as an...
Guest Faculty In Education Institutions Are Hired On Contractual Basis, Can't Claim Regularization Of Service As Inherent Right: Madhya Pradesh High Court
The Madhya Pradesh High Court division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra held that while Guest Faculty members may continue their services, they cannot demand regularization as an inherent right, emphasizing the contractual nature of their employment and the absence of specific rules or regulations governing their regularization. Brief...
Industrial Disputes Act Inapplicability Of Sections 25F And 25N If Workman Fails To Work Continuously For One Year: Madhya Pradesh High Court Dismisses Writ Petition
TheMadhya Pradesh High Courtsingle bench of Justice Vivek Agarwal recently dismissed a writ petition and held that since the Workman didn't work continuously for one year under an employer, provisions of theIndustrial Disputes Act, 1947 such as Section 25F and Section 25N had no application to the facts and circumstances of the case. Brief Facts: The Petitioner (“Workman”), a...
Disputes About Promotion And Seniority Fall Within Definition Of 'Industrial Disputes', Labour Court Has Jurisdiction To Adjudicate: Madhya Pradesh High Court
The Madhya Pradesh High Court single bench of Justice Vivek Agarwal held that disputes related to promotion and seniority fall within the scope of industrial disputes as defined under Section 2(k) of the Industrial Disputes Act, 1947. Therefore, being a forum established by the ID Act, the Labour Court has the rightful jurisdiction to adjudicate on such matters. Brief...
Educational Institutions Not Obligated To Conduct Formal Disciplinary Proceedings Before Terminating Temporary Workmen: Madhya Pradesh High Court
The Madhya Pradesh High Court single bench of Justice Anil Verma held that the termination of the Worklady's services was justified due to unsatisfactory performance and loss of confidence in the Management, nullifying the Labour Court's award of reinstatement and back-wages. The bench noted that the Worklady was not a permanent employee, therefore, formal disciplinary proceedings...
Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court
Noting that 'Marital rape' has not been recognised as an offence in India, the Madhya Pradesh High Court has observed that any sexual intercourse, including unnatural sex by a man with a wife, won't amount to rape as the consent of the wife becomes immaterial in such cases. A bench of Justice Gurpal Singh Ahluwalia held that if a wife is residing with her husband during the...
Bhojshala Temple-Kamal Maula Mosque Dispute | MP High Court Directs ASI To Submit Its Survey Report By July 4
In a recent development in the Bhojshala Temple-Kamal Maula Mosque dispute, the Madhya Pradesh High Court has granted an additional eight weeks to the Archaeological Survey of India (ASI) to submit its comprehensive report pertaining to the survey of the complex. A bench of Justice SA Dharmadhikari and Justice Gajendra Singh has now directed the ASI to submit its report to the Court...
[Majithia Wage Board Recommendations] Employee's Satisfaction With Wages Not Absolute, Doesn't Preclude Them From Claiming Higher Wages: MP High Court
In a petition filed by Dainik Bhaskar challenging the order passed by the Labour Court (Hoshangabad), the Madhya Pradesh High Court has clarified that a declaration given by the employee stating that he is satisfied with the wages under Section 20(j) of Majithia Wage Board Recommendations cannot be deemed to be absolute. The employee receiving lesser wages won't be estopped from claiming...