September 26, 2021

ID Act – Burden Is On Employee To Prove He Was Not Gainfully Employed After Dismissal : 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 v.Sudhir Sharma and others).

Latest Posts

Rising cost of having baby pushes insurance demand

Government exploring options to roll out labour codes

Inclusion of foreign workers in PF unconstitutional: High Court

Assistant Labour Commissioner Not Competent To Decide Complaint Filed By Inspector Under Minimum Wages Act: Madhya Pradesh High Court

Employee Supervising Activities Of Persons Who Are Not Direct Employees Of An Establishment Does Not Cease To Be Employed In Supervisory Capacity: Bombay HC

Acceptance Of Resignation Results In Termination Of Employment, Non-Communication Of Acceptance To Employee Immaterial: Supreme Court

Dismissal Of Workman During Pendency Of Industrial Dispute Without Tribunal’s Approval Is Void, Karnataka High Court Orders Reinstatement Of Workman

Employee-Employer Relationship Must Be Undisputed To Maintain Proceedings Under Contract Labour (Regulation & Abolition) Act: Bombay HC

Person At Managerial Or Supervisory Role Is Not ‘Workman’ Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court

‘Slapping superior is grave’: HC overturns 2012 tribunal order

Financial Position Of Employer Strong Factor In Fixing Wage Structure Of Employees: Supreme Court

Wage ceiling under EPFO may be raised to ₹21k

[Workman definition] Supreme Court holds: Absence of power to appoint or dismiss employees does not negate managerial role

Legal Heirs Of Deceased Partner Do Not Become Liable For Liability Of Partnership Firm Upon Partner’s Death: Supreme Court

Employee Can’t Dictate Terms Of His Employment To His Employer; Competent Authority’s View Within Organization Prevails: SC

Labour Codes May Top New Govt’s 100-Day Plan

Cos enlist firms to run moonlighting checks

Directors Cannot Be Criminally Liable Merely Because Of Their Position In A Company By The Principle Of Vicarious Liability: Punjab & Haryana HC

Maharashtra Labour Welfare Fund(Amendment) Act, 2024.

Can’t take lightly’: Dismissal of workman frequently using abusive language not disproportionate, rules Karnataka HC

IMC – Chamber of Commerce and Industry – SEMINAR ON LABOUR LAWS AND HR PRACTICES –

Workman Using Abusive Language Can’t Be Treated Lightly, Punishment Of Dismissal Not Disproportionate: Karnataka High Court

How Should High Courts Deal With Prayers For Grant Of Interim Relief? SC Issues Guidelines While Overruling Asian Resurfacing Judgment

Cannot deny full maternity leave, even if not on contract:

Govt’s first equal opportunity policy for transgender persons

Salary hikes likely to remain flat this year

Can An Employee Withdraw Prospective Resignation Before It Becomes Effective? Supreme Court Explains

Can Advocate Be Held Liable Under Consumer Protection Act? Supreme Court Starts Hearing

Labour Law Practitioners’ Association, Pune Seminar 2024 – Advocate Sundeep Puri

Cos Willing to be Flexible while Bringing Staff Back to Offices

Karnataka Compulsory Gratuity Insurance Rules, 2024

Domestic Staff may Get Minimum Wage, Pension

Align norms with Centre’s labour codes: Govt to states

Employer Who Resorts To Illegal Closure Of Establishment Cannot Urge That Workmen Must Prove They Were Not Gainfully Employed: Bombay HC

HC upholds sacking for anti-company hate on FB

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

Hotel liable for vehicle theft from parking: SC

Inclusion Of LGBTQIA+ In Definition Of “Aggrieved Woman” Would Dilute And Denude Principal Objective Of Sexual Harassment Regulations: Supreme Court

Supreme Court orders hospitals, sports institutes, stadiums to establish internal complaints committees to report sexual harassment

Top IT executives join rivals, ignore cooling-off period

‘Refusing Paternity Leave To Father Violates Child’s Right To Life U/Article 21’: Madras HC, Says India Needs A Law On This Subject

Maternity Benefits Must Be Granted Even If Period Of Benefit Overshoots Term Of Contractual Employment: Supreme Court

Legality Of Award Passed By Labour Court Can’t Be Challenged Under Article 226 Of Constitution: Jammu & Kashmir High Court

Sexual harassment cases in top Indian companies spike

Principal Employer Not Liable For Interest/ Penalty On Delayed Compensation For Accident/ Death Of Contractor’s Employee: Bombay High Court

Temporary employee can be terminated without enquiry: HC

A Canada court rules that thumbs-up emoji counts as a contract agreement

Employee terminated from service not automatically entitled to back wages on reinstatement: Supreme Court

Workmen’s Compensation Act: Proving Relationship Of Employee-Employer Is Essential: SC In Case Of Accidental Death

Committee appointed to examine wage ceiling under ESI Act

Industrial Disputes Act: Burden To Prove ‘Workman’ Status Is On Employee, Not Management, Rules Gauhati High Court

Roll-out of labour codes unlikely before 2024 polls

Employee Management-Modern Days Challenges and Solution

In Labour Cases, Workers Should Furnish Their Own Permanent Address Instead Of Union’s; Service Of Notice Should Be On Worker : Supreme Court

EPFO seeks Centre’s nod to extend time till May 4 for claiming higher PF pension

IMC – Seminar on “Employee Management – Modern Days Challenges and Solutions”

Chhattisgarh CM Bhupesh Baghel announces unemployment allowance

Labour Min Weighs Shift from Minimum to ‘Living’ Wages

THIS Indian company sets new working trend! You’ve to pay Rs 1 lakh fine if you disturb your colleague during off days

Fate of labour codes hangs in balance as states head for polls

Leave Travel Concession Is For Travel Within India; TDS To Be Deduced From LTC If Foreign Visit Is Involved : Supreme Court

Supreme Court Issues Notice On Challenge To ESIC Decision To Extend ESI Benefits To Workers Engaged At Construction Sites

Hybrid work without mgmt trust can hurt performance

PM Modi hails National Labour Conference of Labour Ministers

ESIC to cover entire India under ESI Scheme by year-end

Decriminalisation of labour penalties relieves employers

Employers in Australia warn against further minimum wage raise

Any Step Taken By Employer To Reduce Monetary Benefit Must Be Under Authority Of Law – Supreme Court

All states, UTs except four are ready with draft rules to roll out labour codes

Modi govt trades less in-hand salary for fat PF, may increase work hours

Disciplinary Proceedings – High Court Cannot Interfere With Quantum Of Punishment Unless It Is Grossly Disproportionate: Supreme Court

Labour Courts Cannot Overturn Management’s Decision On Mere Hypothesis : Supreme Court

ID Act – Burden Is On Employee To Prove He Was Not Gainfully Employed After Dismissal : Supreme Court

Reinstatement With Full Back Wages Is Not Automatic In Every Case Of Illegal Termination / Dismissal: Supreme Court

Labour Codes, Jobs Top Priority: New Labour Minister Bhupender Yadav

Labour Codes Will Miss July Date As States Aren’t Ready, Govt Target Now 1 Oct: Gangwar

Housing society not an industry even if it earns profit: HC

1 comment

Leave a comment

Your email address will not be published. Required fields are marked *

For Consultation