Labour & Service
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...
Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur
The Central Administrative Tribunal, Jabalpur bench of Justice Akhil Kumar Srivastava (Judicial Member) and Kumar Rajesh Chandra (Administrative Member) held that departmental proceedings and proceedings in criminal case can proceed simultaneously, as there is no bar in their being conducted simultaneously, though separately. It held that the purpose of departmental enquiry and of prosecution are two different and distinct aspects. Brief Facts: The matter pertained to the issuance of...
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...
Labour & Service Monthly Digest: April 2024
Supreme Court Financial Position Of Employer Strong Factor In Fixing Wage Structure Of Employees: Supreme Court Case Title: The VVF Ltd. Employees Union v. M/s. VVF India Limited & Anr., Civil Appeal Nos. 2744 - 2745 of 2023 (and connected matter) Citation : 2024 LiveLaw (SC) 299 While setting aside a High Court judgment over an industrial dispute, the...
Limitation To File Complaints Under Factories Act Is Strictly 3 Months, There Is No Provision For Condonation: Jharkhand High Court
The Jharkhand High Court single bench of Justice Sanjay Kumar Dwivedi held that the period of limitation under the Factories Act is strictly 3 months from either the date of the offence or the date on which the occurrence came to the Inspector's knowledge. Further, there exists no provision for the condonation of delay for the filing of such complaints. It was also observed that the Judicial Magistrate did not apply his judicial discretion appropriately after taking cognizance of the...
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,...