The government is considering various strategies to ensure a nationwide roll out of the four labour codes even though some states and union territories are yet to pre-publish draft rules under one or more of these codes. The ministry of labour and employment is considering several options including a gradual repeal of the old labour… Continue reading Government exploring options to roll out labour codes
New Delhi: Fifteen years after the law was amended to include international workers within the ambit of employees’ provident fund and pension scheme, the Karnataka HC has struck down the provisions as “unconstitutional and arbitrary”. The move, which is likely to be challenged by govt and the Employees Provident Fund Organisation (EPFO), will impact thousands… Continue reading Inclusion of foreign workers in PF unconstitutional: High Court
The Madhya Pradesh High Court (“High Court”) single bench of Justice Gurpal Singh Ahluwalia held that the Assistant Labour Commissioner is not a competent authority to decide the claims arising out of payment of less than the minimum rates of wages under the Minimum Wages Act, 1948. It held that the Assistant Labour Commissioner is not competent to decide… Continue reading Assistant Labour Commissioner Not Competent To Decide Complaint Filed By Inspector Under Minimum Wages Act: Madhya Pradesh High Court
The Bombay High Court has observed that simply because an employee supervises the activities of persons who are not direct employees of an establishment, it cannot mean that he ceases to be employed in a supervisory capacity. In that context, the Bench of Justice Sandeep V Marne observed that, “In a given organisation, it may… Continue reading Employee Supervising Activities Of Persons Who Are Not Direct Employees Of An Establishment Does Not Cease To Be Employed In Supervisory Capacity: Bombay HC
Taking note of prevalent service jurisprudence, the Supreme Court on Thursday (April 25) held that the employment is deemed to be terminated from the date on which the letter of resignation is accepted by the appropriate authority. The Bench comprising Justice PS Narasimha and Aravind Kumar observed that before the withdrawal of the resignation letter by the… Continue reading Acceptance Of Resignation Results In Termination Of Employment, Non-Communication Of Acceptance To Employee Immaterial: Supreme Court
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 deemed… Continue reading Dismissal Of Workman During Pendency Of Industrial Dispute Without Tribunal’s Approval Is Void, Karnataka High Court Orders Reinstatement Of Workman
The Bombay High Court allowed Indus Tower’s petition holding that an employer-employee relationship must be undisputed to maintain proceedings under the Contract Labour (Regulation & Abolition) Act, 1970. The case involved a challenge of the Industrial Court’s rejecting the Indus Towers’s application to remove their name from a complaint’s cause title which was contested on… Continue reading Employee-Employer Relationship Must Be Undisputed To Maintain Proceedings Under Contract Labour (Regulation & Abolition) Act: Bombay HC
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… Continue reading Person At Managerial Or Supervisory Role Is Not ‘Workman’ Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court
Mumbai: Bombay high court, on Friday, overturned a 2012 tribunal order that set aside a 2001 termination by a disciplinary panel of a Hindustan Petroleum Corporation Ltd (HPCL) workman for slapping a supervisor. HC said it was “startled’’ that the industrial tribunal in 2012 found it not to be serious enough to merit his sacking.… Continue reading ‘Slapping superior is grave’: HC overturns 2012 tribunal order
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… Continue reading Financial Position Of Employer Strong Factor In Fixing Wage Structure Of Employees: Supreme Court
