Labour & Service
Once Employer Deposes Salary Particulars, Not Open For Insurance Company To Quantify Compensation As Per Wages Under Minimum Wages Act, 1948: Andhra Pradesh High Court
The Andhra Pradesh High Court single bench of Justice Nyapathy Vijay held that once the employer himself deposed about the salary particulars, it is not open for the insurance company to insist on quantification of compensation under Workmen Compensation Act as per the wages fixed under the Minimum Wages Act, 1948. Brief Facts: The Respondents all directly depended on...
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...
Consent Certificate Does Not Absolve Authorities From Basing Deductions From Retiral Benefits On Legally Valid Grounds.: Manipur High Court
A single bench of the Manipur High Court comprising of Justice Ahanthembimol Singh while deciding a Writ Petition in the case of K Yangla vs State of Manipur & Ors has held that Consent Certificate given by employee agreeing to deductions of Government Dues from retiral benefits does not absolve authorities from basing such deduction on legally valid and tenable...
Date Of Birth Recorded In HSC Pass Certificate Is To Be Taken As The Date Of Birth For All Purposes: Orissa High Court
A single bench of the Orissa High Court comprising of Justice Biraja Prasanna Satapathy while deciding a Writ Petition in the case of Madan Raul vs State of Orissa & Ors has held that date of birth recorded in the HSC Pass Certificate is to be taken as the Date of birth for all purposes. Background Facts Madan Raul (Petitioner) entered into service in 1968 as a...
Labour & Service Monthly Digest: April 2024
Supreme Court Financial Position Of Employer Strong Factor In Fixing Wage Structure Of Employees: Supreme Court Case Title: The VVF Ltd. Employees Union v. M/s. VVF India Limited & Anr., Civil Appeal Nos. 2744 - 2745 of 2023 (and connected matter) Citation : 2024 LiveLaw (SC) 299 While setting aside a High Court judgment over an industrial dispute, the...
Limitation To File Complaints Under Factories Act Is Strictly 3 Months, There Is No Provision For Condonation: Jharkhand High Court
The Jharkhand High Court single bench of Justice Sanjay Kumar Dwivedi held that the period of limitation under the Factories Act is strictly 3 months from either the date of the offence or the date on which the occurrence came to the Inspector's knowledge. Further, there exists no provision for the condonation of delay for the filing of such complaints. It was also observed that...
Predominant Function Of Undertakings Performing Several Functions Must Be Considered For Determination Of Status As 'Industry' Under ID Act: Delhi High Court
The Delhi High Court single bench of Justice Chandra Dhari Singh reiterated the established principles to determine the status of an undertaking as an 'industry' under the Industrial Disputes Act, of 1947. The bench held that when an undertaking performs multiple functions, its predominant function has to be considered for the determination of its status. It was further observed...
Seniority Considered From Date Of Absorption If Temporary Employee Absorbed Under Policy Containing Cutoff Date: Patna High Court
A single judge bench of the Patna High Court comprising of Justice Anil Kumar Sinha while deciding a Writ Petition in the case of Kuraisa Begum Vs. B. R. A. Bihar University & Ors has held when a temporary employee is absorbed under some policy containing a cut-off date, seniority is considered from the date of such absorption. Background Facts Kuraisa Begum (Petitioner) is...
Transfer, Being An Exigency Of Service, Is Neither A Matter Of Right Nor Choice: Delhi High Court
A Division bench of the Delhi High Court comprising of Justice V. Kameswar Rao and Justice Saurabh Banerjee while deciding a Writ Petition in the case of Pawan Kumar Mathuri. vs UOI & Ors. has held that transfer, being an exigency of service, is neither a matter of right nor a matter of choice Background Facts Pawan Kumar Mathuri (Petitioner) joined Central Industrial Security...
Person Has No Right To Be Promoted But Has Fundamental Right To Be Considered For Promotion: Calcutta High Court
A single judge bench of the Calcutta High Court comprising of Justice Amrita Sinha while deciding a Writ Petition in the case of Dr. Tapas Kumar Mandal Vs. UOI & Ors has held that an employee has no right to be promoted but he has a fundamental right to be considered for promotion Background Facts Dr. Tapas Kumar Mandal (Petitioner) was serving on the post of Associate Professor...
Discretionary Jurisdiction Of Court cant Be Used To Extend Employee's Service Beyond The Period Entitled : Punjab And Haryana High Court
A division bench of the Punjab and Haryana High Court comprising of Hon'ble Mr. Justice G.S. Sandhawalia, Acting Chief Justice and Hon'ble Ms. Justice Lapita Banerji, while deciding Letters Patent Appeal in the case of Jai Bhagwan vs State of Haryana & others, held that the discretionary jurisdiction of the courts cannot be employed to prolong an employee's tenure beyond...
Personal Services Lacking Commercial Activity Do Not Qualify As Industrial Work For Purposes Of Industrial Disputes Act: Gujarat High Court
The Gujarat High Court single bench of Justice Mauna M. Bhatt held that personal services which are not in nature of a commercial activity render the serving Association outside the ambit of the definition of 'industry' under Section 2(j) of the Industrial Disputes Act, 1947. The bench noted that services rendered to the members of a society, formed solely for their benefit, do...