Labour & Service
Predominant Function Of Undertakings Performing Several Functions Must Be Considered For Determination Of Status As 'Industry' Under ID Act: Delhi High Court
The Delhi High Court single bench of Justice Chandra Dhari Singh reiterated the established principles to determine the status of an undertaking as an 'industry' under the Industrial Disputes Act, of 1947. The bench held that when an undertaking performs multiple functions, its predominant function has to be considered for the determination of its status. It was further observed that associations and societies of apartment owners employ workers for personal service. Therefore,...
Seniority Considered From Date Of Absorption If Temporary Employee Absorbed Under Policy Containing Cutoff Date: Patna High Court
A single judge bench of the Patna High Court comprising of Justice Anil Kumar Sinha while deciding a Writ Petition in the case of Kuraisa Begum Vs. B. R. A. Bihar University & Ors has held when a temporary employee is absorbed under some policy containing a cut-off date, seniority is considered from the date of such absorption. Background Facts Kuraisa Begum (Petitioner) is the wife of Late M. N. A. Anjum (Original Petitioner). The Original Petitioner was appointed as a Lecturer...
Transfer, Being An Exigency Of Service, Is Neither A Matter Of Right Nor Choice: Delhi High Court
A Division bench of the Delhi High Court comprising of Justice V. Kameswar Rao and Justice Saurabh Banerjee while deciding a Writ Petition in the case of Pawan Kumar Mathuri. vs UOI & Ors. has held that transfer, being an exigency of service, is neither a matter of right nor a matter of choice Background Facts Pawan Kumar Mathuri (Petitioner) joined Central Industrial Security Force (CISF) in 2010. In 2018 the Petitioner was posted at the Agra Airport where he started suffering...
Plea Of Automatic Reinstatement Upon Setting Aside Of The Dismissal Order Is Not Tenable: Tripura HC
A Division bench of the Tripura High Court comprising of Justice Aparesh Kumar Singh and Justice S.D. Purkayastha while deciding a Writ Appeal in the case of Rajesh Das vs Society for Tripura Medical College & Ors has held that plea for automatic reinstatement upon setting aside of the dismissal order is not tenable. Background Facts The Society for Tripura Medical College (Respondent) framed charges against Rajesh Das (Petitioner) for criticizing the Respondent through the...
Person Has No Right To Be Promoted But Has Fundamental Right To Be Considered For Promotion: Calcutta High Court
A single judge bench of the Calcutta High Court comprising of Justice Amrita Sinha while deciding a Writ Petition in the case of Dr. Tapas Kumar Mandal Vs. UOI & Ors has held that an employee has no right to be promoted but he has a fundamental right to be considered for promotion Background Facts Dr. Tapas Kumar Mandal (Petitioner) was serving on the post of Associate Professor at Saha Institute of Nuclear Physics (Respondent) and superannuated on 30.06.2010. The Petitioner was ...
Discretionary Jurisdiction Of Court cant Be Used To Extend Employee's Service Beyond The Period Entitled : Punjab And Haryana High Court
A division bench of the Punjab and Haryana High Court comprising of Hon'ble Mr. Justice G.S. Sandhawalia, Acting Chief Justice and Hon'ble Ms. Justice Lapita Banerji, while deciding Letters Patent Appeal in the case of Jai Bhagwan vs State of Haryana & others, held that the discretionary jurisdiction of the courts cannot be employed to prolong an employee's tenure beyond the period specified as per their accepted date of birth by the employers. Background Facts Jai Bhagwan...
Personal Services Lacking Commercial Activity Do Not Qualify As Industrial Work For Purposes Of Industrial Disputes Act: Gujarat High Court
The Gujarat High Court single bench of Justice Mauna M. Bhatt held that personal services which are not in nature of a commercial activity render the serving Association outside the ambit of the definition of 'industry' under Section 2(j) of the Industrial Disputes Act, 1947. The bench noted that services rendered to the members of a society, formed solely for their benefit, do not qualify as industrial activities. Brief Facts: Adinath Owners Association (“Association”) was...
Duty Of Labour Commissioner To Refer Application For Maternity Benefits To Inspector Even If Erroneously Submitted: Madhya Pradesh High Court
The Madhya Pradesh High Court single bench of Justice Subodh Abhyankar held that even if the application for maternity benefits was erroneously submitted by an employee before the Labour Commissioner, it is the duty of the Commissioner to refer the same to the Inspector as provided under Section 17 of the Maternity Benefit Act, 1961 Brief Facts: The Petitioner, employed as an Assistant Manager (HR) with Yutika Natural Pvt. Ltd., applied for maternity benefits as per the provisions of...
Findings Of Inquiry Officer Are Not Binding On Punishing Authorities: Punjab And Haryana High Court
The Punjab and Haryana High Court single bench of Justice Namit Kumar held that the punishing authority may or may not agree with the findings recorded by the Inquiry Officer. Further, it held that while deciding a case where the disciplinary enquiry is conducted for the alleged misconduct against the public servant, the Court has to determine: (a) Whether the enquiry was held by the competent authority; (b) whether rules of natural justice are complied with; and, (c) whether the ...
Once Termination Of Workman Is Declared Illegal, Remedy Is Limited To Either Reinstatement Or Lumpsum Compensation: Gujarat High Court
The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi held that once the termination of a Workman is declared illegal, the remedy is limited to either reinstatement or a lumpsum compensation. Considering the impracticality of reinstatement due to passing of substantial time after termination and the Workman's proximity to retirement age, the High Court held it appropriate to award a lump sum compensation to the Workman. Brief Facts: The...
Burden Of Proof In Establishing Employer-Employee Relationship Rests With Party Claiming It, Delhi High Court Dismisses Writ Petition Filed By Workmen
The Delhi High Court single bench of Justice Chandra Dhari Singh held that the onus of proof in establishing an employer-employee relationship rests with the party making such a claim. The High Court dismissed a writ petition filed by certain Workmen hired on a contractual basis, who failed to establish a direct relationship with the Association they were working for. Brief Facts: The matter pertained to a dispute concerning the employment status of workers involved in the...
Guest Faculty In Education Institutions Are Hired On Contractual Basis, Can't Claim Regularization Of Service As Inherent Right: Madhya Pradesh High Court
The Madhya Pradesh High Court division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra held that while Guest Faculty members may continue their services, they cannot demand regularization as an inherent right, emphasizing the contractual nature of their employment and the absence of specific rules or regulations governing their regularization. Brief Facts: The Petitioners were working as Guest Faculty. They alleged that they have fulfilled the requirements for...