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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

The government is contemplating enhancing the wage ceiling under the Employees’ Provident Fund Organisation (EPFO) to at least ₹21,000 from ₹15,000 now to widen the social security coverage, a step towards achieving universal social security. The proposal, which has been on the backburner for several years now, is being re-looked at. We are evaluating all… Continue reading Wage ceiling under EPFO may be raised to ₹21k

The Hon’ble Supreme Court in a bench comprising Hon’ble Mrs. Justice Hima Kohli and Hon’ble Mr. Justice A. Amanullah while dealing with a claim of forceful resignation by a person claiming to be a workman while performing a managerial role in the absence of power to appoint or dismiss employees held that such could not… Continue reading [Workman definition] Supreme Court holds: Absence of power to appoint or dismiss employees does not negate managerial role

Recently, the Supreme Court held that the legal heirs of a deceased partner do not become liable for any liability of the firm upon the death of the partner. The case relates to the recovery of the investment made by the complainant in the partnership firm from the legal heirs of the deceased partner of the firm… Continue reading Legal Heirs Of Deceased Partner Do Not Become Liable For Liability Of Partnership Firm Upon Partner’s Death: Supreme Court