Labour & Service
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...
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...
Findings Of Inquiry Officer Are Not Binding On Punishing Authorities: Punjab And Haryana High Court
The Punjab and Haryana High Court single bench of Justice Namit Kumar held that the punishing authority may or may not agree with the findings recorded by the Inquiry Officer. Further, it held that while deciding a case where the disciplinary enquiry is conducted for the alleged misconduct against the public servant, the Court has to determine: (a) Whether the enquiry was held by...
Once Termination Of Workman Is Declared Illegal, Remedy Is Limited To Either Reinstatement Or Lumpsum Compensation: Gujarat High Court
The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi held that once the termination of a Workman is declared illegal, the remedy is limited to either reinstatement or a lumpsum compensation. Considering the impracticality of reinstatement due to passing of substantial time after termination and the Workman's proximity to retirement age, the...
Burden Of Proof In Establishing Employer-Employee Relationship Rests With Party Claiming It, Delhi High Court Dismisses Writ Petition Filed By Workmen
The Delhi High Court single bench of Justice Chandra Dhari Singh held that the onus of proof in establishing an employer-employee relationship rests with the party making such a claim. The High Court dismissed a writ petition filed by certain Workmen hired on a contractual basis, who failed to establish a direct relationship with the Association they were working for. Brief...
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...
No Recovery Can Be Made When Pay Is Wrongly Fixed Without Any Misrepresentation By Employee: Patna High Court
A single judge bench of the Patna High Court comprising of Justice Rajesh Kumar Verma while deciding a Writ Petition in the case of Bikrama Singh & Anr Vs. State of Bihar & Ors has held when there is no misrepresentation or fraud leading to wrong pay fixation or pay, no recovery can be made from employees. Background Facts Bikrama Singh (Petitioner No. 1) & Rajendra...
Reengagement Of Casual Labourer Cannot Ordered By Court If He Was Engaged In Temporary Scheme: Orrisa High Court
The Orrisa High Court (“High Court”) division bench of Chief Justice Chakradhari Sharan Singh andJustice M.S. Raman held that upon the expiry of a temporary scheme, the reengagement of a casual labourer cannot be ordered by the court. Brief Facts: The Petitioner, a workman, worked under the management of Horticulturist, Bhubaneswar on a Nominal Muster Roll (NMR)...
Upon Attaining Permanency Daily-Wage Workmen Must Be Treated On Equal Footing With Regularly Appointed Workmen: Gujarat High Court
The Gujarat High Court single bench of Justice Nikhil S. Kariel held that in accordance with Section 25B of the Industrial Disputes Act, daily-wage workmen who have completed a specific tenure are entitled to permanency. It further noted that once permanency is granted, these workmen are also entitled to additional benefits such as pensions and higher pay scales which are available...
Writ Is Not Maintainable Against Private Companies, Orrisa High Court Suggests Workmen To Pursue Matter In Appropriate Forum
The Orrisa High Court single bench of Justice Aditya Kumar Mohapatra dismissed a writ petition against private companies based on the reason that private companies do not classify as the State, as defined under Article 12 of the Indian Constitution. The employees were set at liberty to pursue the matter in an appropriate forum. Brief Facts: All Odisha Bharati Infratel...
Application For Compassionate Appointment Can Be Made By A Minor Under Tamil Nadu Compassionate Appointment Rules, 2023: Madras High Court
A Division Bench of the Madras High Court comprising of Justice R. Suresh Kumar and Justice G. Arul Murugan while deciding a Writ Appeal in the case of State of TN & Ors Vs. C. Arnold has held that application for compassionate appointment can be made by a minor under Rule 6 of the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023. However appointment to...
Candidate In Final Selection List Does Not Have An Indefeasible Right To Appointment : Delhi High Court Reiterates
A single judge bench of the Delhi High Court comprising of Justice Tushar Rao Gedela while deciding a Writ Petition in the case of Dr. Shashi Bhushan Vs. University of Delhi has held that a candidate even in the final selection list does not have an indefeasible right to appointment. Background Facts Dr. Shashi Bhushan (Petitioner) participated in the recruitment process for the post...