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Labour & Service Law Judiciary

Exparte Award

 22 September 2008

Under section 17-A of the Industrial Disputes Act, 1947 an award becomes enforceable on the expiry of 30 days from the date of its publication. Once an award becomes enforceable, the industrial tribunal or the labour court, as the case may be, becom..


Award

 19 September 2008

Industrial Disputes Act, 1947, Sections 2(s) and 25F - Award - Non application of mind - Termination - Daily wager-muster roll employee - Reinstatement directed for violation of section 25F of the Act - Appellant specifically pleaded that it is part ..


Misconduct of Conductor

 18 September 2008

Removal - Misconduct - Breach of faith - Respondent, conductor issued ticket of 0.50 paisa denomination instead of Rs. 4/- to 16 lady passengers - Guilty of serious misconduct and the gravity of the misconduct cannot be minimized by the fact that he ..


discrimination and personal bias in vigilance action

 05 September 2008

due to the personal srtain relationship..


Award - Non application of mind

 04 September 2008

Industrial Disputes Act, 1947, Sections 2(s) and 25F - Award - Non application of mind - Termination - Daily wager-muster roll employee - Reinstatement directed for violation of section 25F of the Act - Appellant specifically pleaded that it is part ..


Jurisdiction of Civi Court in Labour disputes

 04 August 2008

Under Section 9 of Code of Civil Procedure Code whether the Civil Court has jurisdiction in the Labour disputes. Overlapping jurisdiction of two Courts in service matters. Held- when a right accrues under two statutes vis-à-vis the common law right, ..


Disciplinary action cannot be taken againstRetired employee

 02 August 2008

Relationship of Employer employee relationship ceases to exist after retirement.So the employer cannot initiate any disciplinary action after retirement...


Equal pay for equal work

 12 May 2008

The Supreme Court by affirming the order of Allahabad High Court held that when persons are discharging same functions and duties there is no reason to refuse some benefits to some of them and treat them differently. The Government of India granted v..


Scale of Pay-Equal ytreatment to all employees

 17 April 2008

Thus, the Corporation cannot put forth financial loss as a ground only with regard to a limited category of employees. It cannot be said that the Corporation is financially sound insofar granting of revised pay scales to other employees, but finds fi..


Question of bias in domestic enquiry

 17 April 2008

The very fact is that the disciplinary committee who found the respondent(herein) guilty participated in decision making process for finding the respondent(herein) guilty and to dismiss him from service is bias which is apparent & real...


PF is not applicable on leave encashment

 03 April 2008

Encashing the earned leave is not a part of "basic wage" under Section 2(b) of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (in short the 'Act') requiring pro rata employer's contribution..


Contravention of Section 22 of the Trade Unions Act, 1926

 27 March 2008

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Appeal under Workman Compensation Act

 27 March 2008

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Reference cannot be rejected on grounds of delay

 16 March 2008

Effect of a dispute raised after about 8 years was also not considered. It is not in dispute that the Labour Court cannot refuse to answer the reference because of delayed approach. But it can certainly modulate the relief...


Reinstatement with back wages

 16 March 2008

Labour Court and the High Court have held that self employment is not gainful employment - Whether running a small Betel Shop can be said to be gainful employment ..


Who is a workman?

 16 March 2008

Industrial Disputes Act, 1947 – Section 2(s) – Workman - Peon attached to the Public Prosecutor - For bringing in application of Section 2(s) of the Act, the workman must be employed in an industry. The Law department can, by no stretch of imaginatio..


Restriction of back wages

 16 March 2008

So far as delay in seeking the reference is concerned, no formula of universal application can be laid down. It would depend on facts of each individual case ..


Pension - Meaning of the term "broken period"

 14 March 2008

An employee, was entitled to pension provided he has completed the specified period of service. How such a period of service would be computed is a matter which is governed by the statute. It is one thing to say that a statute provides for completion..


No disciplinary proceeding after superannuation unless there

 07 March 2008

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Candidate appearing in selection is estopped from challengin

 07 March 2008

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