The Architecture Of Uncertainty: Understanding "Blindspot" And Contractual Trap In 2025 Labour Codes

The formal announcement of India's four broad Labour Codes on November 21, 2025, was the biggest change in the country's industrial relations since the post-colonial legal framework was put in place. The State has completely rewritten the social contract between capital and labour by combining 29 separate central laws into the Code on Wages (2019), the Industrial Relations (IR) Code (2020), the Code on Social Security (2020), and the Occupational Safety, Health, and Working Conditions (OSH) Code...

Employees' Compensation Act | Insurer Not Liable To Bear Penalty Imposed On Employer For Delayed Compensation Payment : Supreme Court

The Supreme Court on Monday (February 23) observed that an employer's liability to pay a penalty for delaying payment of compensation to its employee cannot be fastened upon the insurance company. A bench of Justices Aravind Kumar and Prasanna B. Varale set aside that part of the Delhi High Court's order which had fastened the liability of the employer to pay a penalty to the employee for...

Unmarried Woman Can't Be Denied Public Employment Over Fear That She May Relocate After Marriage: Gujarat High Court

The Gujarat High Court has held that denying public employment to an unmarried woman on the ground that she may marry and relocate is arbitrary and unconstitutional, observing that such reasoning reflects clear favouritism and violates equality principles.Coming down heavily on the appointing authority, Justice Maulik J. Shelat observed, “This is a classic example of outright favouritism by...

Advanced-Stage Recruitment Cannot Be Abandoned Without Rational Basis: J&K&L High Court Set Aside Cancellation Of GDS Post

The Jammu and Kashmir High Court held that while participation in a recruitment process does not confer an indefeasible right to appointment, the State cannot arbitrarily cancel a selection process that has reached an advanced stage without a rational basis.A Division Bench comprising of Chief Justice Arun Palli and Justice Rajnesh Oswal allowed appeal and set aside the cancellation...

Writ Against Private Institute Over Termination Not Maintainable In Absence Of Public Law Element: Rajasthan High Court

The Rajasthan High Court has rejected a writ petition filed against Indian Institute of Health Management Research, filed by its employee against his termination order, opining that the challenged order arose out of a service relationship between the parties, which is private in nature. Since there was no public law element, a writ petition is not maintainable. The bench of Justice...

“Professional Misunderstandings Should Be Resolved Through Dialogue, Not Courts”: Sikkim HC Declines Interference In Transfer Dispute

The Sikkim High Court held that workplace disputes involving personal grievances and communication gaps should be addressed through introspection and mutual understanding, rather than blame or litigation. The Court noted that strained professional relationships often arise from misunderstandings rather than legal violations and the employees must focus on their responsibilities and engage...

Salary Details Of Husband Is 'Personal Information': Rajasthan High Court Upholds Dismissal Of Wife's RTI Plea

Rajasthan High Court upheld the State's order to deny wife's RTI application seeking details of salary paid to the husband who was employed with the concerned department, opining that information relating to performance of an employee or officer in an organization fell within “personal information”. The petitioner had filed an RTI application with the concerned department seeking copies...

'Check Period' After Minor Punishment Illegal; Employee Entitled To Promotion Consideration : Madras HC

A Division bench of the Madras High Court comprising Justice C.V. Karthikeyan and Justice R. Vijayakumar held that the penalty cannot justify withholding promotion after punishment ends. Further the 'check period' concept is illegal after imposition of the punishment. Background Facts The employee was working in the School Education Department. He had been issued a charge memo,...

Bombay High Court Dismisses Retired Zilla Parishad Doctors' Plea For NPA From 2016, Calls It Impermissible Judicial Interference In Policy

The Bombay High Court has held that fixation of an operative date for extending a fiscal or service-benefit, such as Non-Practising Allowance (NPA), is a matter of executive policy and that classification based on the date of retirement does not per se violate Article 14 of the Constitution. The Court observed that the reliefs sought would require the Court to rewrite the Government Resolution...

Long-Standing Discretionary Benefits Can Crystallise Into Service Conditions; Employer Cannot Withdraw Without Notice: Bombay High Court

The Bombay High Court has held that when a discretionary concession is granted repeatedly over decades through formal administrative approvals and published circulars, it may crystallise into a customary concession or service condition, and the employer cannot withdraw it without complying with Section 9-A of the Industrial Disputes Act, 1947. The Court observed that prospective discontinuance...

Moving From Chowkidar To MPA/FGM Passing Trade Test Is Promotion, Not Entitled For Second ACP: Calcutta HC

A Division Bench of the Calcutta High Court comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen held that movement from the post of Chowkidar/ General Mazdoor to Motor Pump Attendant (MPA)/Fitter General Mechanic (FGM) after clearing a trade test amounts to promotion and not reclassification, hence employees who have already been promoted are not entitled to benefits...

Designed To Exclude: Legal Architecture Of Informality In India

India's labour market is often characterised as 'informal', with over 93% of workers located outside the organised sector in what is known as the 'informal economy'. Notably though, the divide between formal and informal workers emerges as a product of legal architecture rather than a category based on the degree of vulnerability of the workers or their nature of work. Formal or 'organized sector' labour, legally, refers to work performed in registered establishments, where workers draw regular...