High Courts
Employer who got Sufficient Opportunity To Defend Claim Before Assistant Labour Officer Cannot Approach High Court Claiming Prejudice: Kerala High Court
The Kerala High Court single bench of Justice Murali Purushothaman held that the employer was provided sufficient opportunity to defend the claim before theccannot approach the High Court alleging that she was not given sufficient opportunity to defend the claim. Brief Facts: The Inspector initiated Minimum Wages proceedings against the Petitioner, alleging that she paid less than the minimum rate of wages to seven employees in her hotel establishment between 1.5.2009 to 30.10.2009....
Dismissal From Service Is Disproportionate For Misconduct Of Overwriting Reasons Of Absence On Gatepass: Bombay High Court
A single judge bench of the Bombay High Court comprising of Justice Sandeep V. Marne while deciding a Writ Petition in the case of Danfoss Systems Ltd vs Johnson Gomes has held that dismissal of service of a workman was disproportionate for an offence of overwriting the reason of absence on the Gatepass. Background Facts Johnson Gomes (Workman) was working in the factory of Danfoss Systems Ltd (Employer). There was an allegation of forging the Gatepass and missing the work against...
When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates
A single bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a Writ Petition in the case of AIIMS vs Ashok Kumar has held that when the termination is found to be illegal, grant of reinstatement with full back wages has to be provided as per the facts and circumstances of each case and shall not be awarded mechanically. Background Facts Ashok Kumar (Workman) was appointed as a daily wage worker in the laundry department of AIIMS 1989. In 1995, the...
Assistant Labour Commissioner Not Competent To Decide Complaint Filed By Inspector Under Minimum Wages Act: Madhya Pradesh 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 the complaint filed by the Inspector under the Minimum Wages Act. The High Court noted that Section 20(1) of the Minimum Wages Act...
Once Employer Deposes Salary Particulars, Not Open For Insurance Company To Quantify Compensation As Per Wages Under Minimum Wages Act, 1948: Andhra Pradesh High Court
The Andhra Pradesh High Court single bench of Justice Nyapathy Vijay held that once the employer himself deposed about the salary particulars, it is not open for the insurance company to insist on quantification of compensation under Workmen Compensation Act as per the wages fixed under the Minimum Wages Act, 1948. Brief Facts: The Respondents all directly depended on the deceased, G. Nagendra who worked as a driver. Nagendra earned a monthly salary of Rs. 3,500 along with a...
Dismissal Of Woman During Her Absence From Employment Or Pregnancy Has To Be Dealt By Prescribed Authority Under Maternity Benefit Act: Madhya Pradesh High Court
The Madhya Pradesh High Court single bench of Justice Subodh Abhyankar held that dismissal of a woman during her absence from employment or pregnancy has to be dealt by the prescribed authority only, before whom, an efficacious alternative remedy, by way of an appeal, as provided under the Maternity Benefit Act, 1961 lies. Brief Facts: Smt. Priyanshi Garg, a contractual employee, has filed a writ petition under Article 226 of the Constitution of India challenging an order dated...
Consent Certificate Does Not Absolve Authorities From Basing Deductions From Retiral Benefits On Legally Valid Grounds.: Manipur High Court
A single bench of the Manipur High Court comprising of Justice Ahanthembimol Singh while deciding a Writ Petition in the case of K Yangla vs State of Manipur & Ors has held that Consent Certificate given by employee agreeing to deductions of Government Dues from retiral benefits does not absolve authorities from basing such deduction on legally valid and tenable grounds. Background Facts K. Yangla (Petitioner) was serving as Assistant Sub-Inspector of Police (ASI) in the Manipur...
Date Of Birth Recorded In HSC Pass Certificate Is To Be Taken As The Date Of Birth For All Purposes: Orissa High Court
A single bench of the Orissa High Court comprising of Justice Biraja Prasanna Satapathy while deciding a Writ Petition in the case of Madan Raul vs State of Orissa & Ors has held that date of birth recorded in the HSC Pass Certificate is to be taken as the Date of birth for all purposes. Background Facts Madan Raul (Petitioner) entered into service in 1968 as a Peon. His date of birth was recorded as 12.07.1948 in the service book opened after this appointment. The...
Wife Attending Midnight Calls Despite Husband's Repeated Objections, Doesn't Amount to Abetment of Suicide: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that a wife attending calls from unknown numbers during the dead of night wouldn't constitute abetment of suicide under Section 107 of the Indian Penal Code (IPC).Justice Sanjeev Kumar made this observation while dismissing a criminal revision petition filed by Kunti Devi, the mother of the deceased, Surinder Kumar, against the discharge of her daughter-in-law Neelam Devi from the case.Background of the Case:Neelam Devi and Surinder Kumar...
Cost Of Air Conditioning Services Provided In Schools Have To Be Borne By Parents: Delhi High Court
The Delhi High Court has observed that the cost of air conditioning services provided to children in schools have to be borne by the parents.A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said that the air conditioning facility is no different from other charges such as lab and smart class fee levied by the schools.The court rejected a PIL seeking a direction on the Delhi Government's Directorate of Education to ensure that Maharaja Agrasain Public...
Delhi High Court Weekly Round-Up: April 29 To May 05, 2024
Citations 2024 LiveLaw (Del) 507 to 2024 LiveLaw (Del) 545NOMINAL INDEXMukesh Kumar Singh Versus Commissioner Of Delhi GST 2024 LiveLaw (Del) 507M/s Oasis Projects Ltd v. National Highway & Infrastructure Development Corporation Ltd 2024 LiveLaw (Del) 508Larsen & Turbo Ltd v. IREO Victory Valley Pvt Ltd 2024 LiveLaw (Del) 509ASHOK KUMAR SINGH AND ORS v. UNION OF INDIA AND ANR 2024 LiveLaw (Del) 510Anand S Jondhale v. Shri Rajiv Kumar Chief Election Commissioner of India & Anr. 2024...
Benefits Under Central Assistance Scheme Can't Be Denied To Victims Of Terrorism Solely Because Incident Occurred Before Its Official Launch: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that victims of terrorist violence, communal clashes, left-wing extremism, cross-border firing, and mine/IED blasts cannot be denied benefits under the Central Scheme for Assistance to Civilian Victims (CSACV) solely because the incident occurred before the scheme's official launch.In allowing a plea for compensation under the scheme Justice Sindhu Sharma observed,“The only issue is there guidelines provide for incidence that are operative...