Labour Law

Supreme Court Modifies Reinstatement Order in Contractual Employment Case: MSRTC vs. Kalawati Pandurang Fulzele (2022)

/ B.V. Nagarathna, Contractual Employment, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 2(oo)(bb), Industrial Disputes Act, 1947 with Section 25-F, Industrial Disputes Act, 1947 with Section 25-G, Judges, Labour Law, M.R. Shah, Unfair Labour Practices

Supreme Court Modifies Reinstatement Order in Contractual Employment Case: MSRTC vs. Kalawati Pandurang Fulzele (2022) LEGAL ISSUE: Whether a contractual employee is entitled to reinstatement and back wages upon termination, or if a lump sum compensation is more appropriate. CASE TYPE: Labour Law Case Name: Divisional Controller Maharashtra State Road Transport Corporation vs. Kalawati Pandurang […]

Supreme Court Modifies Reinstatement Order in Contractual Employment Case: MSRTC vs. Kalawati Pandurang Fulzele (2022) Read Post »

Supreme Court Restricts Representation by Ex-Employees in Departmental Inquiries: Rajasthan Marudhara Gramin Bank vs. Ramesh Chandra Meena (2022) INSC 10

/ Departmental Inquiries, Employee Rights, Judges, M. R. Shah, Rajasthan Marudhara Gramin Bank (Officers and Employees) Service Regulation, 2010, Rajasthan Marudhara Gramin Bank (Officers and Employees) Service Regulation, 2010 with Regulation 44, Sanjiv Khanna, Service Law

Supreme Court Restricts Representation by Ex-Employees in Departmental Inquiries: Rajasthan Marudhara Gramin Bank vs. Ramesh Chandra Meena (2022) INSC 10 LEGAL ISSUE: Whether an employee has the right to be represented by a former employee in departmental proceedings. CASE TYPE: Service Law. Case Name: Rajasthan Marudhara Gramin Bank & Anr. vs. Ramesh Chandra Meena &

Supreme Court Restricts Representation by Ex-Employees in Departmental Inquiries: Rajasthan Marudhara Gramin Bank vs. Ramesh Chandra Meena (2022) INSC 10 Read Post »

Supreme Court Upholds Dismissal in MSRTC Accident Case: Dilip Uttam Jayabhay vs. Maharashtra State Road Transport Corporation (03 January 2022)

/ B. V. Nagarathna, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 279, Judges, Labour Law, M. R. Shah, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Unfair Labour Practices

Supreme Court Upholds Dismissal in MSRTC Accident Case: Dilip Uttam Jayabhay vs. Maharashtra State Road Transport Corporation LEGAL ISSUE: Whether the Industrial Court was justified in interfering with the order of dismissal of a driver involved in a fatal accident, and whether the punishment of dismissal was disproportionate to the misconduct proved. CASE TYPE: Labour

Supreme Court Upholds Dismissal in MSRTC Accident Case: Dilip Uttam Jayabhay vs. Maharashtra State Road Transport Corporation (03 January 2022) Read Post »

Supreme Court overturns reinstatement order in MSRTC driver dismissal case: Maharashtra State Road Transport Corporation vs. Dilip Uttam Jayabhay (2022) INSC 5 (03 January 2022)

/ B. V. Nagarathna, Criminal Law, Criminal Law with Section 279, Disciplinary Proceedings, Dismissal from Service, Industrial Disputes, Judges, Labour Law, M. R. Shah, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 with Section 1(g), Schedule IV, Reinstatement, Service Law, Unfair Labour Practices

Supreme Court overturns reinstatement order in MSRTC driver dismissal case Date of the Judgment: 03 January 2022 Citation: (2022) INSC 5 Judges: M. R. Shah, J. and B. V. Nagarathna, J. Can an Industrial Court interfere with a disciplinary authority’s decision to dismiss an employee, especially when the employee’s misconduct led to a fatal accident?

Supreme Court overturns reinstatement order in MSRTC driver dismissal case: Maharashtra State Road Transport Corporation vs. Dilip Uttam Jayabhay (2022) INSC 5 (03 January 2022) Read Post »

Supreme Court Upholds Dismissal of Conductor for Misconduct: UP Road Transport Corp vs. Gajadhar Nath (2021)

/ Applicability of Indian Evidence Act, 1872, Domestic Inquiry, Hemant Gupta, Indian Evidence Act, 1872, Industrial Disputes Act, 1947, Judges, Labour Law, Labour Law with Section 11A, V. Ramasubramanian

Supreme Court Upholds Dismissal of Conductor for Misconduct: UP Road Transport Corp vs. Gajadhar Nath (2021) LEGAL ISSUE: Whether a disciplinary authority can rely on the statement of an inspector to prove misconduct of a bus conductor even without examining passengers who were allegedly traveling without tickets. CASE TYPE: Labour Law/ Industrial Dispute Case Name:

Supreme Court Upholds Dismissal of Conductor for Misconduct: UP Road Transport Corp vs. Gajadhar Nath (2021) Read Post »

Supreme Court Upholds Labour Court Orders, Modifies Interest Rate in Zilla Parishad Case (30 November 2021)

/ Ajay Rastogi, Civil Procedure, Judges, Labour Court, Labour Law, Review of Labour Court Orders, Review Petition, Uday Umesh Lalit

Supreme Court Upholds Labour Court Orders, Modifies Interest Rate in Zilla Parishad Case (2021) Date of the Judgment: 30 November 2021 Citation: (Not Available in the provided document) Judges: Justice Uday Umesh Lalit and Justice Ajay Rastogi. Can a higher court interfere with the orders passed by the Labour Court and the High Court? The

Supreme Court Upholds Labour Court Orders, Modifies Interest Rate in Zilla Parishad Case (30 November 2021) Read Post »

Supreme Court Clarifies Retrenchment Under Section 25F of the Industrial Disputes Act for Daily Wage Workers: K.V. Anil Mithra & Anr. vs. Sree Sankaracharya University of Sanskrit & Anr. (27 October 2021)

/ Abhay S. Oka, Ajay Rastogi, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 2(oo), Industrial Disputes Act, 1947 with Section 25F, Judges, Retrenchment

Supreme Court Clarifies Retrenchment Under Section 25F of the Industrial Disputes Act for Daily Wage Workers LEGAL ISSUE: Whether the termination of daily wage workers without complying with Section 25F of the Industrial Disputes Act, 1947 is valid, irrespective of the legality of their initial appointments. CASE TYPE: Industrial Dispute/Labour Law Case Name: K.V. Anil

Supreme Court Clarifies Retrenchment Under Section 25F of the Industrial Disputes Act for Daily Wage Workers: K.V. Anil Mithra & Anr. vs. Sree Sankaracharya University of Sanskrit & Anr. (27 October 2021) Read Post »

Supreme Court Upholds Voluntary Retirement Acceptance Despite Employee’s Withdrawal Attempt: New Victoria Mills vs. Shrikant Arya (2021)

/ Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 25(o), Judges, Labour Law, M.M. Sundresh, Sanjay Kishan Kaul, Service Law, Voluntary Retirement Scheme

Supreme Court Upholds Voluntary Retirement Acceptance Despite Employee’s Withdrawal Attempt: New Victoria Mills vs. Shrikant Arya (2021) LEGAL ISSUE: Whether an employee can withdraw their voluntary retirement application after it has been accepted by the employer but before the effective date of retirement, especially when the employer postpones the relieving date. CASE TYPE: Labour Law/Service

Supreme Court Upholds Voluntary Retirement Acceptance Despite Employee’s Withdrawal Attempt: New Victoria Mills vs. Shrikant Arya (2021) Read Post »

Supreme Court clarifies the application of Section 33 of the Industrial Disputes Act in Sri Dorairaj Spintex vs R Chittibabu (22 September 2021)

/ B.V. Nagarathna, Conciliation Proceedings, Dhananjaya Y. Chandrachud, Employer Rights, Industrial Dispute, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 33, Judges, Labour Law, Vikram Nath, Workmen Rights

Supreme Court clarifies the application of Section 33 of the Industrial Disputes Act in Sri Dorairaj Spintex vs R Chittibabu LEGAL ISSUE: The core legal issue revolves around the interpretation and application of Section 33 of the Industrial Disputes Act, 1947, specifically concerning the conditions under which an employer can take disciplinary action against workmen

Supreme Court clarifies the application of Section 33 of the Industrial Disputes Act in Sri Dorairaj Spintex vs R Chittibabu (22 September 2021) Read Post »

Supreme Court Modifies Compensation for Daily Wage Worker Termination: Ranbir Singh vs. Executive Engineer PWD (2021)

/ Daily Wage Workers, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 25F, Judges, K.M. Joseph, Labour Law, Pamidighantam Sri Narasimha, Reinstatement, Retrenchment

Supreme Court Modifies Compensation for Daily Wage Worker Termination: Ranbir Singh vs. Executive Engineer PWD (2021) Date of the Judgment: September 2, 2021 Citation: (2021) INSC 580 Judges: K.M. Joseph, J. and Pamidighantam Sri Narasimha, J. Can a daily wage worker, whose services were terminated in violation of Section 25F of the Industrial Disputes Act,

Supreme Court Modifies Compensation for Daily Wage Worker Termination: Ranbir Singh vs. Executive Engineer PWD (2021) Read Post »

Supreme Court Directs Registration of Migrant Workers and Food Security Measures: Suo Motu Writ Petition (Civil) No. 6 of 2020 (29 June 2021)

/ Ashok Bhushan, Building and Other Construction Workers Act, 1996, Constitutional Law, Constitutional Law with Article 21, Food Security Law, Food Security Law with Section 3, Fundamental Rights, Inter-State Migrant Workmen Act, 1979, Judges, Labour Law, M.R. Shah, National Food Security Act, 2013, Unorganized Workers’ Social Security Act, 2008

Supreme Court Directs Registration of Migrant Workers and Food Security Measures: Suo Motu Writ Petition (Civil) No. 6 of 2020 (29 June 2021) Date of the Judgment: 29 June 2021 Citation: Suo Motu Writ Petition (Civil) No. 6 of 2020 Judges: Ashok Bhushan, J. and M.R. Shah, J. Can the government ensure basic necessities for

Supreme Court Directs Registration of Migrant Workers and Food Security Measures: Suo Motu Writ Petition (Civil) No. 6 of 2020 (29 June 2021) Read Post »

Supreme Court Clarifies “Injury” in Seafarer Disability Claims: Nawal Kishore Sharma vs. Union of India (2021)

/ Dinesh Maheshwari, Disability Law, Hrishikesh Roy, Judges, Labour Law, Maritime Law, National Maritime Board Agreement, Persons with Disabilities Act, 1995, Rights of Persons with Disabilities Act, 2016, Sanjay Kishan Kaul, Service Law

Supreme Court Clarifies “Injury” in Seafarer Disability Claims: Nawal Kishore Sharma vs. Union of India (2021) LEGAL ISSUE: Interpretation of “injury” in maritime employment contracts for disability compensation. CASE TYPE: Labour Law/Service Law. Case Name: Nawal Kishore Sharma vs. Union of India and Ors. [Judgment Date]: 10 February 2021 Introduction Date of the Judgment: 10

Supreme Court Clarifies “Injury” in Seafarer Disability Claims: Nawal Kishore Sharma vs. Union of India (2021) Read Post »

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