Labour Law

Supreme Court enhances compensation for illegal termination of daily wager in Shyamali Chatterjee vs. Municipal Corporation, Bhilai (14 May 2018)

/ Compensation, Illegal Termination, Judges, Kurian Joseph, Labour Law, Mohan M. Shantanagoudar

Supreme Court Enhances Compensation for Illegal Termination of Daily Wager: Shyamali Chatterjee vs. Municipal Corporation, Bhilai (2018) LEGAL ISSUE: Whether the High Court was justified in reducing the compensation awarded by the Labour Court for illegal termination of a daily wager. CASE TYPE: Labour Law. Case Name: Shyamali Chatterjee vs. Municipal Corporation, Bhilai. [Judgment Date]: […]

Supreme Court enhances compensation for illegal termination of daily wager in Shyamali Chatterjee vs. Municipal Corporation, Bhilai (14 May 2018) Read Post »

Supreme Court settles the employee status of Canteen Workers in Chennai Port Trust: Chennai Port Trust vs. Chennai Port Trust Industrial Employees Canteen Workers Welfare Association (27 April 2018)

/ Abhay Manohar Sapre, Contract Labour, Definition of Employee, Industrial Disputes Act, 1947, Employee Rights, Industrial Disputes Act, 1947, Judges, Labour Law, R.K. Agrawal

Chennai Port Trust Canteen Workers: Supreme Court Rules on Employee Status (2018) LEGAL ISSUE: Whether canteen workers of Chennai Port Trust are to be treated as regular employees of the Port Trust. CASE TYPE: Labour Law Case Name: Chennai Port Trust vs. The Chennai Port Trust Industrial Employees Canteen Workers Welfare Association and Ors. Judgment

Supreme Court settles the employee status of Canteen Workers in Chennai Port Trust: Chennai Port Trust vs. Chennai Port Trust Industrial Employees Canteen Workers Welfare Association (27 April 2018) Read Post »

Supreme Court Upholds Employee Rights in Retirement Age Dispute: Paradeep Phosphates Ltd. vs. State of Orissa (2018)

/ Abhay Manohar Sapre, Employee Rights, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Fourth Schedule, Industrial Disputes Act, 1947 with Section 9A, Judges, Labour Law, R.K. Agrawal, Service Conditions

Supreme Court Upholds Employee Rights in Retirement Age Dispute: Paradeep Phosphates Ltd. vs. State of Orissa (2018) LEGAL ISSUE: Whether a temporary increase in the retirement age of employees constitutes a ‘privilege’ that cannot be withdrawn without prior notice under Section 9A of the Industrial Disputes Act, 1947. CASE TYPE: Industrial Dispute Case Name: Paradeep

Supreme Court Upholds Employee Rights in Retirement Age Dispute: Paradeep Phosphates Ltd. vs. State of Orissa (2018) Read Post »

Supreme Court allows gratuity claim for employee with continuous service: Netram Sahu vs. State of Chhattisgarh (2018)

/ Abhay Manohar Sapre, Continuous Service, Judges, Labour Law, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 2(e), Payment of Gratuity Act, 1972 with Section 2A, R. K. Agrawal, Regularization of Service

Supreme Court allows gratuity claim for employee with continuous service: Netram Sahu vs. State of Chhattisgarh (2018) LEGAL ISSUE: Whether an employee is eligible for gratuity for the entire period of service including the period as a daily wager, when the services were subsequently regularized. CASE TYPE: Labour Law Case Name: Netram Sahu vs. State

Supreme Court allows gratuity claim for employee with continuous service: Netram Sahu vs. State of Chhattisgarh (2018) Read Post »

Supreme Court Intervenes on Construction Workers’ Welfare: A National Disgrace Uncovered

/ Building and Other Construction Workers Act, 1996, Building and Other Construction Workers’ Welfare Cess Act, 1996, Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 39, Deepak Gupta, Fundamental Rights, Judges, Labour Law, Madan B. Lokur

Supreme Court Intervenes on Construction Workers’ Welfare: A National Disgrace Uncovered LEGAL ISSUE: Implementation of welfare measures for construction workers CASE TYPE: Public Interest Litigation Case Name: National Campaign Committee for Central Legislation on Construction Labour (NCC -CL) vs. Union of India & Ors. Judgment Date: 19 March 2018 Date of the Judgment: 19 March

Supreme Court Intervenes on Construction Workers’ Welfare: A National Disgrace Uncovered Read Post »

Supreme Court clarifies procedure for Labour Court in termination cases: Kurukshetra University vs. Prithvi Singh (2018)

/ Abhay Manohar Sapre, Domestic Inquiry, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 10, Industrial Disputes Act, 1947 with Section 2(oo), Judges, Labour Law, R.K. Agrawal, Retrenchment, Termination of Employment, Workman

Supreme Court clarifies procedure for Labour Court in termination cases: Kurukshetra University vs. Prithvi Singh (2018) Date of the Judgment: February 15, 2018 Citation: (2018) INSC 128 Judges: R.K. Agrawal, J. and Abhay Manohar Sapre, J. The Supreme Court addressed the crucial question of how Labour Courts should handle cases of employee termination, especially when

Supreme Court clarifies procedure for Labour Court in termination cases: Kurukshetra University vs. Prithvi Singh (2018) Read Post »

Supreme Court Rules on Housing for Retired Employees: Steel Authority of India Ltd. vs. Choudhary Tilotama Das & Ors. (12 February 2018)

/ Company Policy, Contract Law, Employee Housing, Judges, Labour Law, Lease Agreements, R. Banumathi, Ranjan Gogoi, Voluntary Retirement Scheme

Supreme Court on Employee Housing: SAIL vs. Choudhary Tilotama Das (2018) Date of the Judgment: 12 February 2018 Citation: (2018) INSC 123 Judges: Ranjan Gogoi, J., R. Banumathi, J. Can a company be compelled to provide long-term housing leases to its retired employees? The Supreme Court of India recently addressed this question in a case

Supreme Court Rules on Housing for Retired Employees: Steel Authority of India Ltd. vs. Choudhary Tilotama Das & Ors. (12 February 2018) Read Post »

Supreme Court awards compensation in termination case: Baburao Dadu Sankpal vs. Kolhapur Zilla Sahakari (2018)

/ Compensation, Industrial Disputes Act, Judges, Kurian Joseph, Labour Law, Mohan M. Shantanagoudar, Termination of Employment

Supreme Court awards compensation in termination case: Baburao Dadu Sankpal vs. Kolhapur Zilla Sahakari (2018) LEGAL ISSUE: Whether a terminated employee is entitled to compensation despite the termination being upheld by the Industrial Court. CASE TYPE: Labour Law Case Name: Baburao Dadu Sankpal(D) Thr L.Rs. vs. Kolhapur Zilla Sahakari Doodh Utpadak Sangh, Kolhapur & Ors.

Supreme Court awards compensation in termination case: Baburao Dadu Sankpal vs. Kolhapur Zilla Sahakari (2018) Read Post »

Supreme Court Upholds Dismissal in Theft Case: BHEL vs. Mani (2017)

/ Abhay Manohar Sapre, Departmental Inquiry, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 379, Industrial Disputes Act, 1947, Judges, Labour Law, Labour Law with Section 11-A, R.K. Agrawal

LEGAL ISSUE: Whether a departmental inquiry is vitiated if a criminal court acquits the employee on the same charges. CASE TYPE: Labour Law, Service Law Case Name: Management of Bharat Heavy Electricals Ltd. vs. M. Mani Judgment Date: 9 November 2017 Date of the Judgment: 9 November 2017 Citation: (2017) INSC 977 Judges: R.K. Agrawal,

Supreme Court Upholds Dismissal in Theft Case: BHEL vs. Mani (2017) Read Post »

Supreme Court directs reference to Labour Court despite delay: Daler Khan vs. State of Himachal Pradesh (2017)

/ Delay in Approaching Court, Judges, Judicial Consistency, Kurian Joseph, Labour Law, R. Banumathi, Reference to Labour Court

Date of the Judgment: November 6, 2017 Citation: (2017) INSC 934 Judges: Kurian Joseph, J., R. Banumathi, J. Can a delay in approaching the court be a ground to deny a case from being referred to the Labour Court? The Supreme Court in this case addressed this question and directed the State of Himachal Pradesh

Supreme Court directs reference to Labour Court despite delay: Daler Khan vs. State of Himachal Pradesh (2017) Read Post »

Supreme Court Denies Back Wages to Reinstated Employee: Karupaiah vs. Thruuvalluvar Transport Corporation (2017)

/ Abhay Manohar Sapre, Back Wages, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 17-B, Judges, Labour Law, R.K. Agrawal, Reinstatement

LEGAL ISSUE: Whether an employee is automatically entitled to back wages upon reinstatement after being acquitted of a criminal charge. CASE TYPE: Labour Law Case Name: P. Karupaiah (D) Thr.Lrs. vs. The General Manager Thruuvalluvar Transport Corporation Ltd. Judgment Date: 12 October 2017 Date of the Judgment: 12 October 2017 Citation: (2017) INSC 884 Judges:

Supreme Court Denies Back Wages to Reinstated Employee: Karupaiah vs. Thruuvalluvar Transport Corporation (2017) Read Post »

Supreme Court clarifies definition of ‘wages’ under Employees State Insurance Act: Employees State Insurance Corporation vs. Mangalam Publications (21 September 2017)

/ Arun Mishra, Employees' State Insurance Act, 1948, Employees' State Insurance Act, 1948 with Section 2(22), Employees' State Insurance Law, Judges, Labour Law, Mohan M. Shantanagoudar, Wages, Wages

LEGAL ISSUE: Whether interim relief paid to employees constitutes “wages” under the Employees’ State Insurance Act, 1948. CASE TYPE: Employees’ State Insurance Law Case Name: Employees State Insurance Corporation & Anr. vs. Mangalam Publications (I) Private Limited [Judgment Date]: 21 September 2017 Introduction Date of the Judgment: 21 September 2017 Citation: (2017) INSC 811 Judges:

Supreme Court clarifies definition of ‘wages’ under Employees State Insurance Act: Employees State Insurance Corporation vs. Mangalam Publications (21 September 2017) Read Post »

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