Labour & Service
Reinstatement With Continuity of Service And Back Wages Is General Rule, Relief May Be Enhanced Considering Nature Of Misconduct By Management: Gujarat High Court
The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi held that in cases of wrongful termination, reinstatement with continuity of service and back wages is the general rule. The relief granted to the workmen might be enhanced if other wrongful conduct on the part of the Management is found. The High Court found that the Workman, employed as...
Discontinuation Of Establishment's Work Charge Status Does Not Disentitle Workmen From Attaining Work Charge Status: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Ajay Mohan Goel differentiated between the work charge status of an establishment and the work charge status of workmen. It held that the cessation of the establishment's work charge status does not negate the workman's right to conferment of work charge status upon completing the requisite service period. Work charge...
Appeal Under Section 30 Of Employees Compensation Act Must Involve Substantial Question Of Law: Delhi High Court
The Delhi High Court single bench of Justice Dharmesh Sharma held that Section 30 of the Employees Compensation Act, 1923, which provides for appeals against orders of compensation and other related matters, can only be exercised when the appeal involves a substantial question of law. The bench noted that the determination of the employer-employee relationship between the Management...
Industrial Disputes Act Is Beneficial Legislation; Strict Timelines Under Commercial Courts Act Or CPC Ought Not To Apply: Delhi High Court
The Delhi High Court division bench of Justice Rekha Palli and Justice Saurabh Banerjee partially upheld the order of an Industrial Tribunal to allow a Worklady to submit additional documents along with her affidavit of evidence. The bench held that the Industrial Disputes Act, 1947 is a beneficial legislation where the strict timelines under the Commercial Courts Act or the CPC ought...
Failure Of Management To Prove Credibility Of Resignation Letter, Termination Of Illiterate Worklady Declared Invalid: Punjab And Haryana High Court
The Punjab and Haryana High Court single bench of Justice Sanjay Vashisth declared the termination of an illiterate work lady violative of Section 25-F of the Industrial Disputes Act, based on the Management's failure to verify the handwriting on the resignation letter. Since the management failed to present any witnesses to support the authenticity of the resignation...
Company Must Be Necessary Party For Its Offenses Under Minimum Wages Act, Directors Can't Be Sued Separately For Vicariously Liability: Karnataka High Court
The Karnataka High Court single bench of Justice S Vishwajith Shetty held that a company must be accused as a necessary party for its offences under the Minimum Wages Act, 1948. Persons acting on its behalf, including directors, cannot be criminally prosecuted if the company itself is not named as an accused party. Brief Facts: Mr Padpara Patti and Mr...
Implementation Of Pay Scales Involves Executive Discretion, Courts Can't Intervene Unless There Is Illegality Or Glaring Irregularity: Delhi High Court
The Delhi High Court single bench of Justice Chandra Dhari Singh held that implementation of revised pay scales involves executive discretion and courts do not have the authority to intervene unless there is evidence of illegality or a glaring irregularity. The case involved allegations against the Municipal Corporation of Delhi for failure to implement an enhanced pay scale for...
Service As Work Charge Later Regularized Can Be Considered For Qualifying Service For Pension, Not For Computation Of Pension: Allahabad High Court
The Allahabad High Court has held that services rendered by an employee as a daily wager cannot be taken as qualifying service for pension/ calculating pension amount. It has been held that when employee was rendering services as work charge and was later regularized, period served as work charge must be counted for qualifying services for pension. The bench comprising of...
Dismissal Of Workman During Pendency Of Industrial Dispute Without Tribunal's Approval Is Void, Karnataka High Court Orders Reinstatement Of Workman
The Karnataka High Court single-judge bench of Justice Shivshankar Amarannavar held that when an industrial dispute is pending in an adjudicatory body, the employer must seek approval from the Tribunal for the dismissal of the worker, as mandated by Section 33(2)(b) of the Industrial Disputes Act. If any approval is not sought and granted, such dismissal would be...
High Court's Intervention On Industrial Tribunal's Decision Is Restricted To Cases Of Perversity: Delhi High Court
The Delhi High Court division bench of Justice Rekha Palli and Justice Sudhir Kumar Jain held that the scope of intervention of the High Court is very limited in matters of factual findings made by Industrial Tribunals unless they were found to be perverse or based on no evidence.The High Court was adjudicating on the letters patent appeals filed by Delhi Doordarshan Kendra, which was accused...
Procedural Requirements Of Retrenchment Notice And Payment In Lieu Of Notice Must Be Fulfilled Under Both S. 25F of ID Act And State Rules: Gujarat High Court
The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi summarily dismissed an appeal filed against Trivedi Crafts, an Ahmedabad-based marble dealer. The bench perused Section 25F of the Industrial Disputes Act and Rule 80B of the Industrial Disputes (Gujarat) Rules, 1996 and held that the procedural requirements of retrenchment were duly followed by...
Employee Entitled To Interest On Withheld Gratuity Amount On Acquittal In Criminal Proceedings: Calcutta High Court
A Division Bench of the Calcutta High Court comprising of Justice Tapabrata Chakraborty and Justice Uday Kumar while deciding a Writ Petition in the case of Md. Farid Vs. Union of India & Ors has held that an employee is entitled to interest on the withheld amount of gratuity upon acquittal in the criminal proceedings pending against him on the date of his retirement. Background...