Madhya Pradesh High Court
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...
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...
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...
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...
Industrial Disputes Act Inapplicability Of Sections 25F And 25N If Workman Fails To Work Continuously For One Year: Madhya Pradesh High Court Dismisses Writ Petition
TheMadhya Pradesh High Courtsingle bench of Justice Vivek Agarwal recently dismissed a writ petition and held that since the Workman didn't work continuously for one year under an employer, provisions of theIndustrial Disputes Act, 1947 such as Section 25F and Section 25N had no application to the facts and circumstances of the case. Brief Facts: The Petitioner (“Workman”), a...
Disputes About Promotion And Seniority Fall Within Definition Of 'Industrial Disputes', Labour Court Has Jurisdiction To Adjudicate: Madhya Pradesh High Court
The Madhya Pradesh High Court single bench of Justice Vivek Agarwal held that disputes related to promotion and seniority fall within the scope of industrial disputes as defined under Section 2(k) of the Industrial Disputes Act, 1947. Therefore, being a forum established by the ID Act, the Labour Court has the rightful jurisdiction to adjudicate on such matters. Brief...
Educational Institutions Not Obligated To Conduct Formal Disciplinary Proceedings Before Terminating Temporary Workmen: Madhya Pradesh High Court
The Madhya Pradesh High Court single bench of Justice Anil Verma held that the termination of the Worklady's services was justified due to unsatisfactory performance and loss of confidence in the Management, nullifying the Labour Court's award of reinstatement and back-wages. The bench noted that the Worklady was not a permanent employee, therefore, formal disciplinary proceedings...
Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court
Noting that 'Marital rape' has not been recognised as an offence in India, the Madhya Pradesh High Court has observed that any sexual intercourse, including unnatural sex by a man with a wife, won't amount to rape as the consent of the wife becomes immaterial in such cases. A bench of Justice Gurpal Singh Ahluwalia held that if a wife is residing with her husband during the...
Bhojshala Temple-Kamal Maula Mosque Dispute | MP High Court Directs ASI To Submit Its Survey Report By July 4
In a recent development in the Bhojshala Temple-Kamal Maula Mosque dispute, the Madhya Pradesh High Court has granted an additional eight weeks to the Archaeological Survey of India (ASI) to submit its comprehensive report pertaining to the survey of the complex. A bench of Justice SA Dharmadhikari and Justice Gajendra Singh has now directed the ASI to submit its report to the Court...
[Majithia Wage Board Recommendations] Employee's Satisfaction With Wages Not Absolute, Doesn't Preclude Them From Claiming Higher Wages: MP High Court
In a petition filed by Dainik Bhaskar challenging the order passed by the Labour Court (Hoshangabad), the Madhya Pradesh High Court has clarified that a declaration given by the employee stating that he is satisfied with the wages under Section 20(j) of Majithia Wage Board Recommendations cannot be deemed to be absolute. The employee receiving lesser wages won't be estopped from claiming...
Sinhastha Terror Alarm: MP High Court Denies Relief To Man Booked For Posing As Muslim & Planting Explosives In Hostel
Reasoning that the test identification parade was sufficient to establish the involvement of the convict, Madhya Pradesh High Court has refused to suspend the sentence of Sushil Mishra for planting explosives in a hostel room at Ujjain back in 2016.According to the court, since the room in the hostel was taken by the appellant using the fake identity card of a non-existent Muslim...
Bhojshala Temple-Kamal Maula Mosque Dispute | ASI Seeks Further 8 Weeks To Submit Its Survey Report To MP High Court
The Archaeological Survey of India (ASI) has filed an application before the Madhya Pradesh High Court seeking an additional 8 weeks' time to file its report on the Bhojshala Temple-Kamal Maula Mosque survey. The High Court directed the ASI to submit its survey report in 6 weeks on March 11. In its application, the ASI submitted that a detailed survey of the complex and peripheral area...