Labour & Service
Abandonment Of Service Needs To Be Established By Conduction Of Enquiry: Bombay High Court
A single judge bench of the Bombay High Court comprising of Justice Sandeep V. Marne while deciding a Writ Petition in the case of Bhushan Industries vs Lohasingh Ramavadh Yadav has held that abandonment of service is a question of fact that needs to be established by conduction of an enquiry. Background Facts Bhushan Industries (Petitioner) was a partnership engaged in business...
Lengthy Period Of Absence Without Leave Documentation Is Unjustified, Bombay High Court Reduces Back Wages Of MSRTC's Employee
The High Court of Bombay single bench of Justice Sandeep V. Marne held that lengthy periods of absence from duty without proper leave documentation are unjustified, regardless of the plausibility of the reason behind the absence. The High Court acknowledged that the Labour Court's decision of reinstatement of the absent employee with 25% back wages could not be reversed as the employer failed...
Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court
The High Court of Karnataka single bench of Mrs Justice K.S Hemalekha held that persons carrying managerial and supervisory responsibilities do not fall within the scope of 'workman', as defined under Section 2(s) of the Industrial Disputes Act. Once it is determined that the person is not a 'workman' under the Act, the labour court does not have jurisdiction to adjudicate whether...
Industrial Disputes Act | Labour Court Has Ample Power To Examine Correctness Of Finding Of Inquiry Officer In Discharge Or Dismissal Order: Allahabad High Court
The Allahabad High Court single bench of Justice Dinesh Pathak held that the Labour Court has been given ample power under Section 11-A of the Industrial Disputes Act, 1947 to examine the correctness of the finding returned by the Inquiry Officer in passing the discharge or dismissal order. The High Court held that Section 11 of the Industrial Disputes Act denotes the power of the Labour...
Undisputed Employer-Employee Relationship Must For Proceedings Under Contract Labour (Regulation & Abolition) Act, 1970: Bombay High Court Set Asides Industrial Court Order
The Bombay High Court single bench of Justice Amit Borkar held that for the proceedings under the provisions of Contract Labour (Regulation & Abolition) Act, 1970, the relationship between employer-employee should be undisputed. The court held that in absence of such a relationship, the labour court or the industrial court doesn't have any jurisdiction to deal with the matter...
[Industrial Disputes Act] Labour Court Can't Award Interest In Proceedings For Recovery Of Money From Employer U/S 33C(2): Allahabad High Court
The Allahabad High Court has held that while proceeding under Section 33C(2) of the Industrial Disputes Act, 1947, Labour Court does not have the power to grant interest to the employee on delayed payment of amount due by the employer. The Court held that proceeding under Section 33C(2) are execution proceedings.Section 33C (1) provides that where any money is due to an employee from...
'Nagar Ayukt Not Child Or Ward Sitting In Director's Lap': Allahabad HC Imposes ₹10K Cost For Not Granting Increment To Retired Employee
Recently, the Allahabad High Court has imposed a cost of Rs. 10,000 on the Nagar Ayukt, Nagar Nigam, Meerut for denying an increment to the government employee retiring on the day prior to the accrual of the increment. The Court held that the action of the Nagar Ayukt based on a Government Order was against various judgments of the Allahabad High Court and the judgment of the Supreme Court...
Lack Of Discipline By Disciplined Forces Constitute 'Gravest Act Of Misconduct': Punjab And Haryana High Court
A single judge bench of the Punjab and Haryana High Court comprising of Justice Namit Kumar while deciding an appeal in the case of State of Punjab and Ors vs Ex. Constable Amarjit Singh has held that discipline is the first requirement of a disciplined force and the very act of absence from duty by a member of a disciplined force is gravest act of misconduct under Rule 16.2 of the Punjab...
No Further Enquiry Can Be Ordered Unless A Case Is Made Out: Karnataka High Court
The Karnataka High Court has dismissed a petition filed by Chairman of Central Board of Direct Taxes challenging an order of Central Administrative Tribunal's whereby it quashed the 'charge sheet' in the disciplinary enquiry against Assistant Income Tax Commissioner and directed it to hold 'Review DPC' within two months to consider her case for promotion.A division bench of Justice Krishna...
Financial Position Of Employer Strong Factor In Fixing Wage Structure Of Employees: Supreme Court
While setting aside a High Court judgment over an industrial dispute, the Supreme Court recently reiterated that financial capacity of an employer is an important factor which cannot be ignored while fixing wage structure of employees.The Bench of Justices Aniruddha Bose and Sanjay Kumar was deciding on an appeal against a judgment of the Bombay High Court directing wage revisions, when it...
1974 Harness Rules | Allahabad High Court Asks Authority To Reconsider Married Daughter's Compassionate Employment Claim
Recently, the Allahabad High Court has held that the definition of 'family' under Rule 2(c) and Rule 5 of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 does not require the person seeking compassionate appointment to be dependent on the deceased employee.While directing the authorities to reconsider the application for compassionate appointment moved by...
Termination Of Contractual Employee Governed By Contract, Cannot Be Adjudicated Under Article 226: Allahabad High Court
The Allahabad High Court has held that a termination of a contractual employee by the employer in terms of the conditions of the contract or their violation cannot be adjudicated upon by the High Court under Article 226 of the Constitution of India as there cannot be a violation of Article 14 or Article 16 where the terms of the contract are per se not arbitrary.The Court held that...