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 Supreme Court recently reiterated that financial capacity of an employer is an important factor which cannot be ignored while fixing wage structure of employees. The Bench of Justices Aniruddha Bose and Sanjay Kumar was deciding on an appeal against a judgment of the Bombay High Court directing wage revisions, when it said that though High Courts may not altogether avoid reappreciating evidence, the appropriate course in the present case would have been for the court to remit the matter back to the Industrial Tribunal. “In the given facts where the employer seriously contested the use of the concerned units as comparable ones, and highlighted its difficult financial position, the proper course would have been to remit the matter to the Industrial Tribunal rather than entering into these factual question independently in exercise of the writ jurisdiction. This exercise would have required leading of evidence before the primary forum, the Industrial Tribunal in this case", the court said. Delhi High Court High Court's Intervention On Industrial Tribunal's Decision Is Restricted To Cases Of Perversity: Delhi High Court Case Title: Director General, Delhi Doordarshan Kendra vs Mohd. Shahbaz Khan and Others Citation: 2024 LiveLaw (Del) 506 Case No.: LPA 242/2024, CM APPL.18228/2024 (stay), CM APPL.18229/2024 (delay of 50 days) & CM APPL. 18230/2024 (exemption) + LPA 243/2024, CM APPL.18232/2024 (stay), CM APPL.18233/2024 (delay of 50 days) & CM APPL. 18234/2024 (exemption) + LPA 244/2024, CAV 150/2024, CM APPL.18238/2024 (stay), CM APPL.18239/2024 (delay of 50 days) & CM APPL. 18240/2024 -Ex + LPA 245/2024, CM APPL.18245/2024 (stay), CM APPL.18246/2024 (delay of 50 days) & CM APPL. 18247/2024 (exemption) + LPA 246/2024, CM APPL.18251/2024 (stay), CM APPL.18252/2024 (delay of 50 days) & CM APPL. 18253/2024 (exemption). The Delhi High Court division bench of Justice Rekha Palli and Justice Sudhir Kumar Jain held that the scope of intervention of the High Court is very limited in matters of factual findings made by Industrial Tribunals unless they were found to be perverse or based on no evidence. The High Court was adjudicating on the letters patent appeals filed by Delhi Doordarshan Kendra, which was accused of illegally terminating the employment of its permanent workers by falsely claiming them as 'contract workers'. It was already factually determined by the Industrial Tribunal that the Management was not authorized to employ contract workers, as it lacked a license under the Contract Labour (Regulation and Abolition) Act, of 1970. Retired Officer Cannot Be Termed As “Public Servant” Under Export Inspection Employees Rules, 1978: Delhi High Court Case No. : Civil Writ Petition No. 3940/2017 Case Name: Parveen Kumar vs Export Inspection Council & Ors Citation: 2024 LiveLaw (Del) 405 A single judge bench of the Delhi High Court comprising of Justice Tushar Rao Gedela while deciding a Civil Writ Petition in the case of Parveen Kumar vs Export Inspection Council & Ors has held that a retired officer appointed as Inquiry Officer does not fulfil the criteria of “public servant” under Rule 11(2) of the Export Inspection Employees (Classification, Control & Appeal) Rules, 1978 (EIA Rules). Onus To Establish Employee-Employer Relationship Rests On the Claimant: Delhi High Court Case: Sunil Kumar & Ors. v. The State & Ors. Citation: 2024 LiveLaw (Del) 386 Case No. W.P. (C) 2931/2024 A single-judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a writ petition in the case of Sunil Kumar & Ors. v. The State & Ors. has reiterated that the onus to establish the relationship of employee-employer between the management and the workman is on the claimant, i.e., the person who sets up a plea of existence of such relationship between the parties. Suppression Of Pendency Of Criminal Case By Person Seeking Appointment To A Police Post Has Bearing On His Suitability: Delhi High Court Case: Shri Nomil Rana v. The Union of India and Ors. Citation: 2024 LiveLaw (Del) 387 Case No. W.P.(C) 7385/2018 A two-judge 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 Shri Nomil Rana v. Union of India and Ors. has held that suppression of the material information regarding pendency of Criminal Case by a person seeking appointment to a police post wherein he is required to maintain public order has bearing on his...

Labour & Service Monthly Digest: April 2024

Rajesh Kumar

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