Labour Law

Supreme Court overturns High Court order on contractual appointments: Rajasthan State Road Development vs. Piyush Kant Sharma (2020)

/ Ashok Bhushan, Contractual Employment, Employer-Employee Relationship, Interim Orders, Judges, M. R. Shah, R. Subhash Reddy, Service Law

Supreme Court overturns High Court order on contractual appointments: Rajasthan State Road Development vs. Piyush Kant Sharma (2020) LEGAL ISSUE: Whether a High Court can restrain an employer from hiring new contractual employees when there is a dispute about the employer-employee relationship with the existing contractual employee. CASE TYPE: Service Law. Case Name: Rajasthan State […]

Supreme Court overturns High Court order on contractual appointments: Rajasthan State Road Development vs. Piyush Kant Sharma (2020) Read Post »

Supreme Court Directs States to Complete Migrant Worker Transportation Within 15 Days: Suo Motu Writ Petition (Civil) No(s).6/2020 (09 June 2020)

/ Ashok Bhushan, Construction Workers Act, 1996, Disaster Management Act, 2005, Disaster Management Act, 2005 with Section 51, Inter-State Migrant Workmen Act, 1979, Judges, Labour Law, M.R. Shah, Migrant Labourers, Sanjay Kishan Kaul

Supreme Court Directs States to Complete Migrant Worker Transportation Within 15 Days LEGAL ISSUE: Ensuring the safe and timely return of migrant workers to their native places during the COVID-19 pandemic and addressing their immediate needs. CASE TYPE: Public Interest Litigation (PIL), Suo Motu. Case Name: In Re : Problems and Miseries of Migrant Labourers

Supreme Court Directs States to Complete Migrant Worker Transportation Within 15 Days: Suo Motu Writ Petition (Civil) No(s).6/2020 (09 June 2020) Read Post »

Supreme Court clarifies regularisation of contract workers: FCI Labour Federation vs. Ravuthar Dawood Naseem (19 May 2020)

/ A.M. Khanwilkar, Contempt of Court, Contract Labour (Regulation and Abolition) Act, Dinesh Maheshwari, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 10(1)(d), Judges, Labour Law, Regularisation of Contract Labourers

Supreme Court on Regularisation of Contract Labourers: FCI Workers vs. Ravuthar Dawood Naseem (2020) LEGAL ISSUE: Whether the Food Corporation of India (FCI) was in contempt of court for not regularizing contract workers under the Departmental Labour System. CASE TYPE: Contempt of Court, Labour Law Case Name: The Workmen through the Convener FCI Labour Federation

Supreme Court clarifies regularisation of contract workers: FCI Labour Federation vs. Ravuthar Dawood Naseem (19 May 2020) Read Post »

Supreme Court settles whether construction workers are consumers under Consumer Protection Act: Joint Labour Commissioner vs. Kesar Lal (2020)

/ Ajay Rastogi, Building and Other Construction Workers Act, 1996, Building and Other Construction Workers Act, 1996 with Section 16, Building and Other Construction Workers Act, 1996 with Section 2(b), Building and Other Construction Workers Act, 1996 with Section 24, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(o), Consumer Protection Act, 1986 with Section 2(d), Definition of Consumer, Dhananjaya Y Chandrachud, Judges

Supreme Court settles whether construction workers are consumers under Consumer Protection Act: Joint Labour Commissioner vs. Kesar Lal (2020) LEGAL ISSUE: Whether a construction worker registered under the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996, is a ‘consumer’ under the Consumer Protection Act, 1986. CASE TYPE: Consumer Law

Supreme Court settles whether construction workers are consumers under Consumer Protection Act: Joint Labour Commissioner vs. Kesar Lal (2020) Read Post »

ONGC Regularisation: Supreme Court Refers Case to Larger Bench on Interpretation of Standing Orders and Unfair Labour Practices

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 2(ra), Industrial Disputes Act, 1947 with Section 25(T), Judges, Unfair Labour Practices

Supreme Court refers ONGC Regularisation Case to Larger Bench Date of the Judgment: February 7, 2020 Judges: Dr Dhananjaya Y Chandrachud, J and Ajay Rastogi, J. Can a temporary employee of a public sector undertaking, who has worked for more than 240 days, automatically become a permanent employee? The Supreme Court of India grappled with

ONGC Regularisation: Supreme Court Refers Case to Larger Bench on Interpretation of Standing Orders and Unfair Labour Practices Read Post »

Supreme Court Upholds Amendment Transferring Labour Law Offenses to Criminal Courts: State of M.P. vs. M.P. Transport Workers Fedn. (29 January 2020)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Fundamental Rights, Judges, Jurisdiction of Courts, K.M. Joseph, Labour Law, Madhya Pradesh Labour Laws (Amendment) Act, 2002, Sanjay Kishan Kaul

Supreme Court Upholds Amendment Transferring Labour Law Offenses to Criminal Courts: State of M.P. vs. M.P. Transport Workers Fedn. (2020) LEGAL ISSUE: Whether the transfer of jurisdiction for trying offenses under labour laws from Labour Courts to regular criminal courts is constitutional. CASE TYPE: Constitutional Law, Labour Law Case Name: State of M.P. & Anr.

Supreme Court Upholds Amendment Transferring Labour Law Offenses to Criminal Courts: State of M.P. vs. M.P. Transport Workers Fedn. (29 January 2020) Read Post »

Supreme Court clarifies Time-Bound Promotion Scheme for Electricians: Institute of Chartered Accountants of India vs. J.R. William Singh (24 January 2020)

/ Ashok Bhushan, Employee Rights, Judges, M. R. Shah, Service Law, Settlement Agreements, Time Bound Promotion Scheme

Supreme Court clarifies Time-Bound Promotion Scheme for Electricians: Institute of Chartered Accountants of India vs. J.R. William Singh (2020) Date of the Judgment: 24 January 2020 Citation: Civil Appeal No. 200 of 2020 Judges: Ashok Bhushan, J., M. R. Shah, J. Can an employee, specifically an electrician, claim a time-bound promotion to a higher post,

Supreme Court clarifies Time-Bound Promotion Scheme for Electricians: Institute of Chartered Accountants of India vs. J.R. William Singh (24 January 2020) Read Post »

Supreme Court Upholds Employer’s Right to Transfer, Limits Industrial Court’s Jurisdiction in Unfair Labour Practice Case: Rajneesh Khajuria vs. M/s. Wockhardt Ltd. & Anr. (2020) INSC 21

/ Hemant Gupta, Judges, L. Nageswara Rao, Labour Law, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Schedule IV, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Section 5, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Section 7, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Unfair Labour Practices

Supreme Court Upholds Employer’s Right to Transfer, Limits Industrial Court’s Jurisdiction in Unfair Labour Practice Case LEGAL ISSUE: Whether an employee’s transfer can be considered an unfair labor practice and whether the Industrial Court has jurisdiction over termination disputes arising from such transfers. CASE TYPE: Labour Law Case Name: Rajneesh Khajuria vs. M/s. Wockhardt Ltd.

Supreme Court Upholds Employer’s Right to Transfer, Limits Industrial Court’s Jurisdiction in Unfair Labour Practice Case: Rajneesh Khajuria vs. M/s. Wockhardt Ltd. & Anr. (2020) INSC 21 Read Post »

Supreme Court clarifies consumer status in ONGC employee retirement scheme: ONGC Ltd. vs. Consumer Education Research Society (2019)

/ Consumer, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(d), Deepak Gupta, Employee Benefits, Judges, Labour Law, Post-Retirement Benefits, S. Abdul Nazeer, Service Provider

Supreme Court Clarifies Consumer-Service Provider Relationship in ONGC Employee Scheme LEGAL ISSUE: Whether a relationship of consumer and service provider exists between employees and their employer, ONGC, under a post-retirement benefits scheme. CASE TYPE: Consumer Law Case Name: Chairman-Cum-Managing Director, ONGC Ltd. & Ors. vs. Consumer Education Research Society & Ors. Judgment Date: 09 December

Supreme Court clarifies consumer status in ONGC employee retirement scheme: ONGC Ltd. vs. Consumer Education Research Society (2019) Read Post »

Supreme Court Prioritizes Employee Dues over Secured Creditor in SARFAESI Act Case: Maharashtra State Co-operative Bank Ltd. vs. Babulal Lade (2019)

/ Enforcement of Security Interest, Government Claims on Land, Judges, Krishna Murari, Maharashtra Land Revenue Code, 1966, Maharashtra Land Revenue Code, 1966 with Section 169, 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 50, Mohan M. Shantanagoudar, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13, Unfair Labour Practices

Supreme Court Prioritizes Employee Dues over Secured Creditor in SARFAESI Act Case: Maharashtra State Co-operative Bank Ltd. vs. Babulal Lade (2019) LEGAL ISSUE: Whether employee dues can take precedence over the claim of a secured creditor under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). CASE TYPE:

Supreme Court Prioritizes Employee Dues over Secured Creditor in SARFAESI Act Case: Maharashtra State Co-operative Bank Ltd. vs. Babulal Lade (2019) Read Post »

Supreme Court clarifies wage calculation for contract laborers: Food Corporation of India vs. Pratap Kundu (29 November 2019)

/ Ashok Bhushan, Contract Labour, Contract Law, Contract Law with Clause 24, Contract between FCI and Pratap Kundu, Interpretation of Contracts, Judges, Labour Law, M.R. Shah, Wage Rates

Supreme Court Clarifies Wage Rates for Contract Laborers: Food Corporation of India vs. Pratap Kundu (2019) LEGAL ISSUE: Determination of wage rates for contract laborers and the applicability of a percentage above schedule of rates (ASOR) in a contract. CASE TYPE: Contractual Dispute/Labor Law Case Name: Food Corporation of India vs. Pratap Kundu [Judgment Date]:

Supreme Court clarifies wage calculation for contract laborers: Food Corporation of India vs. Pratap Kundu (29 November 2019) Read Post »

Supreme Court Upholds Pension Scheme Cut-Off Date but Grants Relief in Exceptional Case: Oriental Bank of Commerce vs. Janak Raj Sharma (2019)

/ A.S. Bopanna, Administrative Law, Bank Employees, Employee Rights, Hrishikesh Roy, Judges, Pension Law, Pension Law with Cut-off Dates, Pension Schemes, R. Banumathi, Retirement Benefits, Service Law

Supreme Court Upholds Pension Scheme Cut-Off Date but Grants Relief in Exceptional Case: Oriental Bank of Commerce vs. Janak Raj Sharma (2019) Date of the Judgment: 01 October 2019 Citation: 2019 INSC 1189 Judges: R. Banumathi, J., A.S. Bopanna, J., Hrishikesh Roy, J. Can a bank employee who missed the deadline to opt for a

Supreme Court Upholds Pension Scheme Cut-Off Date but Grants Relief in Exceptional Case: Oriental Bank of Commerce vs. Janak Raj Sharma (2019) Read Post »

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