Browse Articles Labour & Service Law Articles


30 September 2016 at 18:23

If employee has not disclosed: Higher educational qualification, it is not misconduct

  POSTED BY Kumar Doab

>>> Whether omitting to disclose information regarding higher academic qualification than required for vacant post amounted to misrepresentation / misconduct?Has such omission caused harm to employer?If such guilt is discovered, it justifies

  6 comments |   488 Views


30 September 2016 at 18:22

Apex Court: No time limit for referring labor disputes to Labor Court, Tribunal

  POSTED BY Kumar Doab

Often the employee whose employment is terminated ponder that there is a prescribed period of limitation to approach the labor court, tribunal.Or the dispute is stale dispute and cannot be referred for adjudication. The affected employee may get conf

  5 comments |   864 Views


28 September 2016 at 10:03

Do research centers fall within the definition of Industry?

  POSTED BY Dr Gubbi

This is an appeal made before the Supreme Court of India challenging the dismissal of reinstatement of an employee( driver) by the High Court

  0 comments |   72 Views


26 September 2016 at 15:41

Commissioner of compensation cannot extend disability

  POSTED BY Dr Gubbi

COMMISSIONER OF COMPENSATION CANNOT EXTEND DISABILITY( future disability) PERIOD TO COMPENSATE BEYOND ADJUDICATION DATEDr Gubbi, Counselor & Advocate, BangaloreIn the case of Bajaj Allianz General Insurance Company Ltd vs. Sri. Mridal Roy ( 2016-

  0 comments |   62 Views


26 September 2016 at 15:41

Do not dispense with the service of a workman simultaneously retaining juniors and engaging fresh hands without proper compliance of law

  POSTED BY Dr Gubbi

Respondent/Workman was engaged on daily wages basis by Petitioner. The Petitioner dispensed with the services of workman

  0 comments |   61 Views


26 September 2016 at 15:39

Back Wages beyond period of closure of a company

  POSTED BY Dr Gubbi

Labour Law Citation: Supreme Court: 2016-I-LLJ-257(SC) LNIND 2016 SC 8: MANAGEMENT OF NARENDRA AND COMPANY PRIVATE LTD vs. WORKMEN OF NARENDRA AND COMPANYWo

  0 comments |   57 Views


21 September 2016 at 10:43

Employment of an employee cannot be terminated without inquiry

  POSTED BY Kumar Doab

It becomes necessary to know the truth or to unravel the real factual position so that the legal rights of an employee are not infringed. Many times it so happens that the te

  11 comments |   796 Views


02 September 2016 at 11:23

Only secret ballots can decide majority union-supreme

  POSTED BY Dr Gubbi

M/s. Faxconn (India), a multinational company situated in Sriperumbudur in Chennai, entered into a settlement with the minority Union bypassing democratic principles

  8 comments |   535 Views


01 September 2016 at 14:00

Important citations under labour laws

  POSTED BY Dr Gubbi

1. Contract Labour (Regulation and Abolition) Act 1970- Sections 7 and 12: The High Court Of Calcutta has held in the case of MMTC LTD - Petitioner Versus Learned Fourth Industrial Tribunal

  8 comments |   892 Views


30 August 2016 at 10:28

An analysis of draft Bill on the Contract Labour (Regulation & Abolition) Act, 2015

  POSTED BY Dr Gubbi

In Chapter I, Preliminary, Section 1. (4)(a) of the Draft Bill related to the application of the Act to establishments, has brought in

  0 comments |   733 Views


29 August 2016 at 13:14

Registration of Trade Union obtained by fraud/mistake can be cancelled - Supreme Court

  POSTED BY Dr Gubbi

One Mr. R.G. D'souza, President of Poona Employees' Union submitted an application for registration of the Trade Union, which was granted.

  0 comments |   431 Views


25 August 2016 at 11:29

Divorced Daughter Eligible for Freedom Fighter's Pension

  POSTED BY Kumar Doab

Father of Khajani Delvi of Bhiwani in Haryana, a freedom fighter, died in 1994. She lost her mother a year later. She is the only daughter of her parents. Khajani had divorced her husband in 1989 and moved in with her parents.She has no child.After t

  5 comments |   510 Views


25 August 2016 at 11:29

Dismissal for fraud not justified when other three accomplices were not punished - SC

  POSTED BY Dr Gubbi

One Sri. A.K. Saxena joined State Bank of Patiala as Cashier-cum-Clerk in 1978. On 16.04

  16 comments |   497 Views


25 May 2016 at 10:45

Bonus Act Amendment 2015

  POSTED BY Jay

Applicability of High Court Orders across India on retrospective effect of Payment of Bonus (Amendment) Act, 2015

  3 comments |   1685 Views


28 March 2016 at 10:58

Payment of gratuity under the provisions of the payment of gratuity act, 1972

  POSTED BY seshadri vikrala

1ARTICLEPAYMENT OF GRATUITYUNDER THE PROVISIONS OF THE PAYMENT OF GRATUITY ACT, 1972VIS-À-VISTHE RULES OF THE GOI/ VARIOUS MINISTRIES/DEPARTMENTS/STATES—A STUDYRETROGRADE FOR PROSPECTIVE AND RIGHTFUL CLAIMBY THE EMPLOYEE’S RETIREMENT ON SUPERANNUATIO

  2 comments |   1642 Views


22 September 2015 at 11:30

Restrictions on Appearance of Advocates under Sec 36(4) of Industrial Disputes Act 1947

  POSTED BY jagadish paranjape

�Restrictions on Appearance of Advocates under Sec 36(4) of Industrial Disputes Act 1947 � Needs Reconsideration� The subject of appearance of the Advocates as of right beforeer of

  22 comments |   2650 Views


21 January 2015 at 10:46

Protection of women under the labour laws

  POSTED BY Adv. Rahul Nath

INTRODUCTION Women constitute half the population of the society and it is presumed that best creation belong to the women. But it is a harsh reality that women have been ill-treated in every society for ages and India is no exception. Women are

  9 comments |   8572 Views


25 October 2014 at 11:18

Need for amendment in Industrial Disputes Act, 1947

  POSTED BY SUSANT DASH

The 18th Law Commission was constituted for a period of three years from 1st September, 2006 by Order No. A.45012/1/2006-Admn.III (LA) dated the 16th October, 2006, issued by the Government of India, Ministry of Law and Justice, Department of Legal

  2 comments |   3088 Views


13 March 2014 at 12:31

Brief Overview of Labour Laws in India

  POSTED BY Rajkumar Adukia

Introduction to Labour Law in India Labour Law is the body of law that governs the employer-employee relationship, including individual employment contracts, the application of tort and contract doctrines, and a large group of statutory regulation

  9 comments |   11610 Views


14 May 2012 at 13:00

Disciplinary Actions

  POSTED BY Nahid

CHARGE-SHEET/SHOW CAUSE NOTICE A charge-sheet is a document which sets out the allegations of miscondu

  31 comments |   11473 Views










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