Labour Law

Supreme Court clarifies gratuity eligibility for teachers under the Payment of Gratuity Act: Birla Institute of Technology vs. State of Jharkhand (2019)

/ Abhay Manohar Sapre, Employee Rights, Gratuity, Indu Malhotra, Judges, Labour Law, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 1(3)(c), Payment of Gratuity Act, 1972 with Section 2(e)

Supreme Court clarifies gratuity eligibility for teachers under the Payment of Gratuity Act: Birla Institute of Technology vs. State of Jharkhand (2019) LEGAL ISSUE: Whether teachers are considered “employees” under the Payment of Gratuity Act, 1972, and thus eligible for gratuity benefits. CASE TYPE: Labour Law Case Name: Birla Institute of Technology vs. The State […]

Supreme Court clarifies gratuity eligibility for teachers under the Payment of Gratuity Act: Birla Institute of Technology vs. State of Jharkhand (2019) Read Post »

Supreme Court modifies compensation for daily wage worker: State of Uttarakhand vs. Raj Kumar (2019)

/ Abhay Manohar Sapre, Indu Malhotra, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 25-F, Judges, Retrenchment, Uttar Pradesh Industrial Disputes Act, 1947, Uttar Pradesh Industrial Disputes Act, 1947 with Section 11-A

Supreme Court modifies compensation for daily wage worker: State of Uttarakhand vs. Raj Kumar (2019) LEGAL ISSUE: Whether a daily wage worker is entitled to reinstatement with full back wages upon illegal termination or monetary compensation. CASE TYPE: Labour Law Case Name: State of Uttarakhand & Anr. vs. Raj Kumar [Judgment Date]: January 07, 2019

Supreme Court modifies compensation for daily wage worker: State of Uttarakhand vs. Raj Kumar (2019) Read Post »

Supreme Court clarifies re-employment of retrenched workers in U.P. Jal Nigam: Badri Vishal Pandey vs. Rajesh Mittal (2019)

/ A.M. Khanwilkar, Daily Wage Workers, Hemant Gupta, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 6N, Industrial Disputes Act, 1947 with Section 6Q, Judges, Reinstatement, Retrenchment, Service Law

Supreme Court clarifies re-employment of retrenched workers in U.P. Jal Nigam: Badri Vishal Pandey vs. Rajesh Mittal (2019) LEGAL ISSUE: Whether retrenched daily wage workers have a right to automatic reinstatement based on a previous court order. CASE TYPE: Contempt of Court/Service Law Case Name: Badri Vishal Pandey & Ors. vs. Rajesh Mittal & Ors.

Supreme Court clarifies re-employment of retrenched workers in U.P. Jal Nigam: Badri Vishal Pandey vs. Rajesh Mittal (2019) Read Post »

Supreme Court overturns High Court order on continuity of service for contract employees after misconduct: The Depot Manager vs. Sri R.K. Reddy (2018)

/ Continuity of Service, Contract Employees, Dhananjaya Y. Chandrachud, Industrial Dispute, Judges, Labour Court, Labour Law, M.R. Shah, Service Law, Termination of Service

Supreme Court overturns High Court order on continuity of service for contract employees after misconduct: The Depot Manager vs. Sri R.K. Reddy (2018) LEGAL ISSUE: Whether a contract employee, terminated for misconduct after a departmental inquiry, is entitled to continuity of service upon re-engagement. CASE TYPE: Service Law, Labour Law. Case Name: The Depot Manager

Supreme Court overturns High Court order on continuity of service for contract employees after misconduct: The Depot Manager vs. Sri R.K. Reddy (2018) Read Post »

Supreme Court clarifies continuity of service for re-engaged contract employees: APSRTC vs. A.U.M. Rao (2018)

/ Contractual Employment, D.Y. Chandrachud, Judges, M.R. Shah, Re-engagement, Service Law, Termination of Service

Supreme Court on Continuity of Service for Re-engaged Contract Employees: APSRTC vs. A.U.M. Rao (2018) Date of the Judgment: 7 December 2018 Citation: 2018 INSC 1018 Judges: Hon’ble Dr. Justice D.Y. Chandrachud and Hon’ble Mr. Justice M.R. Shah Can a contract employee, re-engaged after termination, claim continuity of service for the period between termination and

Supreme Court clarifies continuity of service for re-engaged contract employees: APSRTC vs. A.U.M. Rao (2018) Read Post »

Supreme Court Upholds Termination of Employee Refusing Alternate Job: Manju Saxena vs. Union of India (2018)

/ Abhay Manohar Sapre, Indu Malhotra, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 2(oo), Industrial Disputes Act, 1947 with Section 25F, Judges, Retrenchment

Supreme Court Upholds Termination of Employee Refusing Alternate Job: Manju Saxena vs. Union of India (2018) LEGAL ISSUE: Whether an employee’s refusal to accept alternate job offers from the employer constitutes abandonment of service, thereby justifying termination. CASE TYPE: Industrial Dispute Case Name: Manju Saxena vs. Union of India & Anr. Judgment Date: 3rd December

Supreme Court Upholds Termination of Employee Refusing Alternate Job: Manju Saxena vs. Union of India (2018) Read Post »

Supreme Court Directs Railways to Absorb Parcel Porters: Ram Bhajan Das & Ors. vs. Union of India & Ors. (28 November 2018)

/ Constitutional Law, Constitutional Law with Article 142, Contract Labour, Hemant Gupta, Judges, Kurian Joseph, Railway Employees, Regularization of Employees, Service Law

Supreme Court Directs Railways to Absorb Parcel Porters: Ram Bhajan Das & Ors. vs. Union of India & Ors. (2018) LEGAL ISSUE: Whether long-serving parcel and goods porters should be absorbed into regular railway employment. CASE TYPE: Service Law Case Name: Ram Bhajan Das & Ors. vs. Union of India & Ors. Judgment Date: 28

Supreme Court Directs Railways to Absorb Parcel Porters: Ram Bhajan Das & Ors. vs. Union of India & Ors. (28 November 2018) Read Post »

Supreme Court clarifies resignation rules for employees under the Industrial Employment Act: Sanjay Jain vs. National Aviation Co. (2018)

/ Arun Mishra, Industrial Employment (Standing Orders) Act, 1946, Industrial Employment (Standing Orders) Act, 1946 with Standing Order 18, Judges, Labour Law, Resignation, Standing Orders, Termination of Service, Vineet Saran

Supreme Court Clarifies Resignation Rules Under Industrial Employment Act: Sanjay Jain vs. National Aviation Co. (2018) LEGAL ISSUE: Whether an employee’s resignation is effective immediately upon serving the required notice period, or if it requires acceptance by the employer under the Industrial Employment (Standing Orders) Act, 1946. CASE TYPE: Labour Law Case Name: Sanjay Jain

Supreme Court clarifies resignation rules for employees under the Industrial Employment Act: Sanjay Jain vs. National Aviation Co. (2018) Read Post »

Supreme Court Upholds University’s Right to Evict Retired Employees from Housing: Ranchi University vs. Jharkhand State Housing Board (2018)

/ Abhay Manohar Sapre, Breach of contract, Contract Law, Contractual Obligations, Employee Rights, Eviction, Indu Malhotra, Judges, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Retirement Benefits, Service Law

Supreme Court Upholds University’s Right to Evict Retired Employees from Housing: Ranchi University vs. Jharkhand State Housing Board (2018) LEGAL ISSUE: Whether retired employees of a university can claim a right to continue occupying university-allotted housing after their retirement, based on a cancelled allotment and subsequent payment to the housing board. CASE TYPE: Civil Law

Supreme Court Upholds University’s Right to Evict Retired Employees from Housing: Ranchi University vs. Jharkhand State Housing Board (2018) Read Post »

Supreme Court Limits Full Back Wages in Reinstatement Cases: Rajasthan State Road Transport Corporation vs. Phool Chand (20 September 2018)

/ Abhay Manohar Sapre, Back Wages, Constitutional Law, Constitutional Law with Article 142, Judges, Labour Law, Reinstatement, S. Abdul Nazeer

Supreme Court Limits Full Back Wages in Reinstatement Cases: Rajasthan State Road Transport Corporation vs. Phool Chand (2018) LEGAL ISSUE: Whether a workman is automatically entitled to full back wages upon reinstatement after their dismissal is deemed unlawful. CASE TYPE: Labour Law, Service Law. Case Name: Rajasthan State Road Transport Corporation, Jaipur vs. Shri Phool

Supreme Court Limits Full Back Wages in Reinstatement Cases: Rajasthan State Road Transport Corporation vs. Phool Chand (20 September 2018) Read Post »

Supreme Court Upholds Overtime Wages for Currency Press Employees: Currency Note Press vs. N.N. Sardesai (2018)

/ Abhay Manohar Sapre, Factories Act, 1948, Industrial Disputes Act, 1947, Judges, Labour Law, Labour Law with Section 33-C(2) of the Industrial Disputes Act, 1947, S. Abdul Nazeer

Supreme Court Upholds Overtime Wages for Currency Press Employees: Currency Note Press vs. N.N. Sardesai (2018) LEGAL ISSUE: Whether the High Court was justified in setting aside the Labour Court’s order and allowing the employees’ claim for overtime wages. CASE TYPE: Labour Law. Case Name: Currency Note Press & Anr. vs. N.N. Sardesai & Ors.

Supreme Court Upholds Overtime Wages for Currency Press Employees: Currency Note Press vs. N.N. Sardesai (2018) Read Post »

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 »

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