jayanttelang
14 December 2008 at 22:48
Dear sir,i could not find the details about following case law on www.judis.nic.in
kindly help me, which high courts/district courts have been decided these case laws or send me details about these case law-
1.Shantanu v Hindustan Antibiotics 2000(3)CLR 881
2.Dolphin Laboratories v Labour Court n2001(2)LLJ 559
3.Lupin Ltd v Suresh 2007(4)KLT 1092
please help me as early as possible.
jayanttelang
13 December 2008 at 21:13
Dear sir,can u please provide me full details about following citations(case Laws)?
1.Shantanu v/s Hindustan antibiotics 2000 (3)CLR 881
2.Dolphin Laboratories v/s Labour Court 2001(2)LLJ 559
3.Lupin Ltd.v/s Suresh 2007(4)KLT 1092
Keshav Kumar Saxena
12 December 2008 at 18:36
Dear Sir,
Please tell whether it is necessary to provide Bonus to his employees for a Limited Company as per company act while the company is a new incorporated unit and has not completed five years.
Associate R
12 December 2008 at 13:53
Respected Experts,
I have filed a complaint of unfair labour practice against the Company at Bombay Industrial Court on closure of the company praying for interim relief to make the payment of legal dues within one month. The Hon'ble court raised a query about its power/authority to pass such order directing the Respondent to pay the dues within one month and directed me to submit case law on the point. The Hon'ble Court is very much concerned about the time period of payment and expressed its inability to pass such order in the absence of any case law. I will be greatful if anyone provide me with case law to this pont.
Thanks in advance!
Aditya Mudgal
11 December 2008 at 17:32
Dear Experts,
If there is a clause in a contract where the principal employer frees himself from all responsibilities as far as labour law is concerned and places the responsibility on the contractor, will it free itself from any liability arising thereon. Examine the following clause:
"Service Provider shall ensure that the workmen employed shall not raise any industrial dispute, either directly or indirectly with or against Company in respect of their service conditions or otherwise."
Now, the CLRA states that
20. LIABILITY OF PRINCIPAL EMPLOYER IN CERTAIN CASES. - (1) If any amenity required to be provided under section 16, section 17, section 18 or section 19 for the benefit of the contract labour employed in an establishment is not provided by the contractor within the time prescribed therefore, such amenity shall be provided by the principal employer within such time as may be prescribed.
(2) All expenses incurred by the principal employer in providing the amenity may be recovered by the principal employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt by the contractor.
&
23. CONTRAVENTION OF PROVISIONS REGARDING EMPLOYMENT OF CONTRACT LABOUR. - Whoever contravenes any provision of this Act or of any rules made there under prohibiting, restricting or regulating the employment of contract labour, or contravenes any condition of a license granted under this Act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
Can this clause mentioned above absolve the PE from liability?
Basically, can a contractual agreement transfer statutory liability to another?
Thanks
anu
11 December 2008 at 16:54
I am working in Multinational Company in noida as a software engineer in India.I joined on 25th August 2008. There is a bond with the company of Rs. 1 Lacs for two year working with them.Its a one way bond i.e. only from my side to the company . But due to some reason i would like to leave the company before two years,is it necessary to fill that bond of Rs. 1Lacs? Tell me tha way i.e. i should not fill that bond.
Please reply
aneeta.hbti@gmail.com
Manjit
11 December 2008 at 14:13
In a case before us one Mr.A gave a bribe to Mr.B on behalf of MR.C.We have decided to initiate disciplinary actions against MR.A and Mr.C.In this case Mr.B would be a be our managements witness in both the chargesheet.My query is whether i should cite MrA as managements witness to the chargesheet issued to Mr C and vice-versa?How should inquiry officer prove the charges i.e whether he should call Mr A as management witness in case of Mr C and vice versa.What if both turn hostile/protect each other.NOTE:Mr B has already filed FIR.
Manjit
11 December 2008 at 13:47
In case the main contractor gives the work to a sub-contractor then in that case whether i am supposed to give Form-V to (1) only main contractor or to(2)only sub contractor or to (3)both of them.Are there any case laws on this issue.
Aditya Mudgal
09 December 2008 at 12:06
Dear All,
What are the various guidelines to be followed when one wants to engage contract labour? What all labour laws are to be complied with? Are there any risks involved? Does anyone have any checklist for the various documents required etc?
We are in the process of increasing output but cannot afford to take full time employees.. Please advise.. Much appreciated..
Thank you
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Maharashtra Labour Welfare Fund
Hi :
Under the The Mumbai Labour Welfare Fund Act,1953 and others states Labour Welfare Fund Act, managers are not covered under the Act and no contribution is payable in respect of Supervisors drawing salary above Rs.3500/-.
Please clarify what is the interpretatin of supervisor and Manager. Mere designation can bar the eligibiilty or any other criteria is there. Also please clarify Rs.3500 salary means what whether it is basic, da or gross salary.
Please need your help.