The Complete Supreme Court Annual Digest- 2023 [Part-XIII]

Labour Law EPF Act can be applied even to factories not engaged in schedule 1 industries: Supreme Court rejects plea of umbrella making unit. Thankamma Baby v. Regional Provident Fund Commissioner, 2023 LiveLaw (SC) 972 Provident fund - when can two establishments be clubbed together for epf act coverage? the supreme court explains. Mathosri Manikbai Kothari College of Visual Arts v. Assistant Provident Fund Commissioner, 2023 LiveLaw (SC) 905 Electronics shop repairing & servicing electrical goods is a “factory” under ESI act. J.P. Lights India v. Regional Director, ESI Corporation, 2023 LiveLaw (SC) 637 Pathological labs in Kerala covered under ESI Act from 2007 & not 2002 : Supreme Court dismisses ESIC appeal. E.S.I. Corporation v. Endocrinology and Immunology Lab, 2023 LiveLaw (SC) 600 : AIR 2023 SC 3686 : (2023) 8 SCC 352 Settlement between employee union & employer would not override model standing orders unless it is more beneficial to employee. Bharatiya Kamgar Karmachari Mahasangh v. Jet Airways Ltd., 2023 LiveLaw (SC) 564 : AIR 2023 SC 3596 Poor line mazdoor dismissed from service for prolonged absence, Supreme Court invokes Article 142 to impose a lesser penalty. Eastern Coalfields Ltd. v Ajit Mondal, 2023 LiveLaw (SC) 209 In labour cases, workers should furnish their own permanent address instead of the union's; service of notice should be on worker. Creative Garments Ltd. v. Kashiram Verma, 2023 LiveLaw (SC) 198 : AIR 2023 SC 1542 : (2023) 2 SCR 958 The ESI Act should be given liberal interpretation so that social security can be given to employees. ESI Corporation v. Radhika Theatre, 2023 LiveLaw (SC) 53 : AIR 2023 SC 673 : (2023) 1 SCR 1045 Land Acquisition Act, 1894 Land Acquisition Act, 1894 - Allotment of Plot - Demand of Additional Price - The dispute pertains to demand of additional price for the allotment of plot to the Respondent - the additional price can be demanded in case there is enhancement in cost of the land awarded by the competent authority under the Land Acquisition Act. It is the admitted case of the Appellants that the land for allotment of the plot was never acquired. Hence, there could not be any enhancement in the cost of the land by any authority or court under the Land Acquisition Act. From these undisputed facts on record and the terms and conditions contained in the allotment letter, there is no illegality committed by the learned court below in setting aside the demand of the additional price of the plot allotted to the Respondent. There is no merit in the present appeal. (Para 12 - 13) Haryana Urban Development Authority v. Jagdeep Singh, 2023 LiveLaw (SC) 429 : AIR 2023 SC 2257 Land Acquisition Act, 1894 - Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Once it is found that the land acquisition proceedings under the 1894 Act are valid, then the claimant is not entitled to seek compensation under the 2013 Act. If the state has either paid compensation or taken possession then proceedings under 1894 would continue to be valid. (Para 5, 17) Delhi Development Authority v. Jagan Singh, 2023 LiveLaw (SC) 526 Land Acquisition Act, 1894 - The Act was made applicable to the whole of India except the State of Jammu and Kashmir. In the absence of the exercise of power by the Hon'ble Governor under sub-clause (1) of Clause 5 of the Fifth Schedule, the said law was applicable to the Scheduled Area. (Para 18) Adivasis for Social and Human Rights Action v. Union of India, 2023 LiveLaw (SC) 431 : AIR 2023 SC 2658 Land Acquisition Act, 1894 - If the land is continued to be under temporary acquisition for number of years, meaning and purpose of temporary acquisition would lose its significance. Temporary acquisition cannot be continued for approximately 20 to 25 years. It cannot be disputed that once the land is under temporary acquisition and the same is being used by the ONGC for oil exploration, it may not be possible for the landowners to use the land; to cultivate the same and/or to deal with the same in any manner. (Para 7) Manubhai Sendhabhai Bharwad v. Oil and Natural Gas Corporation Ltd; 2023 LiveLaw (SC) 55 : AIR 2023 SC 992 : (2023) 1 SCR 1021 Land Acquisition Act, 1894; Section 5A - Merely because Section 5A has not been mentioned in the said order, the entire acquisition proceedings including notifications under Sections 4 & 6 of the Act, 1894 and more particularly the declaration which was issued after considering the report/objections under section 5A cannot be declared illegal. When the Collector has exercised the power of the appropriate government and a declaration under section 6 of the Act has been issued after considering the report on the objections under Section 5A of the Act, the High Court has seriously erred in quashing and setting aside the entire acquisition proceedings on the...

The Complete Supreme Court Annual Digest- 2023 [Part-XIII]

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