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The Supreme Court observed that courts cannot interfere with the quantum of punishment imposed by the disciplinary authority unless it is grossly disproportionate. Quantum of punishment is within the discretionary domain and the sole power of the decision-making authority once the charge of misconduct stands proved, the bench comprising Justices Sanjiv Khanna and Bela M.… Continue reading Disciplinary Proceedings – High Court Cannot Interfere With Quantum Of Punishment Unless It Is Grossly Disproportionate: Supreme Court

The Supreme Court observed that the Labour Court cannot overturn the decision of the management on “ipse dixit” and its decision should not be based on mere hypothesis. Observing that the Labour Court converted itself into a “Court of Appeal”, the Supreme Court set aside the Labour Court’s decision which overturned the management’s decision to terminate the… Continue reading Labour Courts Cannot Overturn Management’s Decision On Mere Hypothesis : Supreme Court

The Supreme Court on September 24 observed that whether an employee has been able to discharge the burden that he was not gainfully employed after order of compulsory requirement or not is an issue which is to be decided in the facts of each case taking into consideration the entire material on record(National Gandhi Museum… Continue reading ID Act – Burden Is On Employee To Prove He Was Not Gainfully Employed After Dismissal : Supreme Court

The Supreme Court reiterated that reinstatement with full back wages is not automatic in every case, where termination / dismissal is found to be not in accordance with procedure prescribed under law.In this case, an employee appointed as Clerk-cum-Cashier was dismissed from service by the Allahabad Bank alleging his involvement in the incident relating to… Continue reading Reinstatement With Full Back Wages Is Not Automatic In Every Case Of Illegal Termination / Dismissal: Supreme Court

The roll out of the four labour codes at the earliest to enhance ease of doing business in the country and a big push to job creation will be the top priority of the new labour and employment minister Bhupender Yadav, who took charge from Santosh Kumar Gangwar on Thursday. “The minister, after taking over… Continue reading Labour Codes, Jobs Top Priority: New Labour Minister Bhupender Yadav

Labour Minister Santosh Gangwar tells ThePrint recent state elections & pandemic delayed process. The 4 labour codes passed in 2019 can’t become operational until rules are notified. New Delhi: The implementation of the Narendra Modi government’s four labour codes is being delayed due to the tardiness on the part of the states to finalise rules that… Continue reading Labour Codes Will Miss July Date As States Aren’t Ready, Govt Target Now 1 Oct: Gangwar

MUMBAI: A housing society is not an industry, the Bombay high court has ruled. Justice Suresh Gupte, in a significant order, quashed a labour court’s order asking a housing society in Mumbai to reinstate a watchman whose services were terminated. The labour court had held that since the society earned a profit from the additional… Continue reading Housing society not an industry even if it earns profit: HC