The Bombay High Court has stressed that an employer cannot be permitted to urge that, notwithstanding the illegal closure, the workmen must establish that he was not gainfully employed to be entitled to claim the benefits which are available under the law. In that context, the Bench of Justice NJ Jamadar observed that, “A special… Continue reading Employer Who Resorts To Illegal Closure Of Establishment Cannot Urge That Workmen Must Prove They Were Not Gainfully Employed: Bombay HC
MUMBAI: Upholding termination of an employee’s services for two Facebook posts against an auto parts company, Bombay High Court quashed and set aside a labour court’s order to reinstate him. “Freedom of speech and expression cannot be allowed to be transgressed beyond reasonableness. If that is allowed, it could lead to disastrous consequences. In a… Continue reading HC upholds sacking for anti-company hate on FB
In a legal victory, the Allahabad High Court at Lucknow, under the stewardship of Justice Manish Mathur, delivered a landmark judgment in the case of Smt. Sonali Sharma versus the State of Uttar Pradesh. The court, in its order dated November 28, 2023, has not only quashed the order rejecting Sharma’s application for a second… Continue reading No Bar for an Employee Seeking a Second Maternity Benefit Within a Period of Two Years From the Grant of the First Maternity Benefit: Allahabad
NEW DELHI: A hotel cannot take the cover of ‘owner’s risk’ clause on parking tokens to deny compensation to its guests for theft or damage to their vehicles once keys are handed over to the valet, the Supreme Court has ruled. A bench of Justices M M Shantanagoudar and Ajay Rastogi upheld the order of… Continue reading Hotel liable for vehicle theft from parking: SC
The Supreme Court held that amending the Gender Sensitization and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition, and Redressal) Regulations, 2013 (Regulations) to include other persons – LGBTQIA+ would dilute and denude the main objective and purpose of the legislation. The Court disposed of an Application filed by Advocate Binu… Continue reading Inclusion Of LGBTQIA+ In Definition Of “Aggrieved Woman” Would Dilute And Denude Principal Objective Of Sexual Harassment Regulations: Supreme Court
Supreme Court has directed District Officers and Local Complaints committees under the Prevention of Sexual Harassment Act should be mandatorily trained regarding the nature of sexual harassment, gendered interactions The Supreme Court on Thursday ordered that hospitals, nursing homes, sports institutes, stadiums, sports complex or competition or games venues must establish internal complaints committees for… Continue reading Supreme Court orders hospitals, sports institutes, stadiums to establish internal complaints committees to report sexual harassment
BENGALURU: Many Indian IT C-suite executives are joining direct competitors without any cool-off period. HR consultants say most would have non-compete clauses in their employment contracts, but that does not seem to bother them. Because such clauses are not enforceable in courts. There was a time when executives’ contracts had 6-12 months of non-compete obligations.… Continue reading Top IT executives join rivals, ignore cooling-off period
Granting relief to a State Police officer against whom a ‘desertion’ order was passed by his department on account of his absence from service (as he had to take care of his wife who was expecting a child), the Madras High Court has emphasised the need for paternity leave legislation in India. Highlighting the importance… Continue reading ‘Refusing Paternity Leave To Father Violates Child’s Right To Life U/Article 21’: Madras HC, Says India Needs A Law On This Subject
The Supreme Court on Thursday(17 Aug) held that maternity benefits have to be granted even if the period of benefit overshoots the term of contractual employment. Maternity benefits can travel beyond the term of contractual employment. The court directed the employer to pay maternity benefits as would have been available in terms of Sections 5… Continue reading Maternity Benefits Must Be Granted Even If Period Of Benefit Overshoots Term Of Contractual Employment: Supreme Court
The Jammu & Kashmir and Ladakh High Court has held that the legality or correctness of an Award passed by the Labour Court cannot be challenged under Article 226 of the Constitution of India. The Labour Court assumes the powers of a Civil Court when passing an award under the Industrial Disputes Act. Any orders… Continue reading Legality Of Award Passed By Labour Court Can’t Be Challenged Under Article 226 Of Constitution: Jammu & Kashmir High Court
