Labour Law

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 clarifies the status of Field Supervisors as Teachers: Registrar, Orissa University of Agriculture & Technology vs. Upendra Nath Patra & Anr. (23 April 2018)

/ Employee Rights, Judges, L. Nageswara Rao, Orissa University of Agriculture and Technology Act, 1965, Orissa University of Agriculture and Technology Act, 1965 with Section 2(10), S.A. Bobde, Service Law, Statutes of the Orissa University of Agriculture and Technology, 1966 with Statute 19

Supreme Court Clarifies Teacher Status of Field Supervisors in Orissa University of Agriculture & Technology Date of the Judgment: 23 April 2018 Citation: (2018) INSC 327 Judges: S.A. Bobde, J., L. Nageswara Rao, J. Can a university employee, specifically a Field Supervisor, be considered a teacher and be entitled to the benefits of a teacher?

Supreme Court clarifies the status of Field Supervisors as Teachers: Registrar, Orissa University of Agriculture & Technology vs. Upendra Nath Patra & Anr. (23 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 enhances compensation for retrenched workers in service matter: Karshanbhai Ramjibhai Jaladiya vs. District Development Officer (2018)

/ Compensation, Constitutional Law, Constitutional Law with Article 142, Judges, Kurian Joseph, Mohan M. Shantanagoudar, Retrenchment, Service Law, Service Law with Preferential Appointment

Supreme Court enhances compensation for retrenched workers in Karshanbhai Ramjibhai Jaladiya vs. District Development Officer (2018) LEGAL ISSUE: Whether the compensation awarded to retrenched workers was adequate. CASE TYPE: Service Law Case Name: Karshanbhai Ramjibhai Jaladiya vs. District Development Officer and Anr. [Judgment Date]: 19 March 2018 Can a court enhance the compensation awarded to

Supreme Court enhances compensation for retrenched workers in service matter: Karshanbhai Ramjibhai Jaladiya vs. District Development Officer (2018) 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 rules against long-term lease of employee quarters: Steel Authority of India Ltd. vs. Choudhary Tilotama Das & Ors. (12 February 2018)

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

Supreme Court Rules on Long-Term Lease of Employee Quarters: Steel Authority of India Ltd. vs. Choudhary Tilotama Das & Ors. (2018) Date of the Judgment: 12 February 2018 Citation: 2018 INSC 123 Judges: Ranjan Gogoi, J. and R. Banumathi, J. Can a company be compelled to provide long-term leases of employee quarters to its former

Supreme Court rules against long-term lease of employee quarters: Steel Authority of India Ltd. vs. Choudhary Tilotama Das & Ors. (12 February 2018) Read Post »

Supreme Court Upholds Denial of Contract Extension for Technical Assistant: Yogesh Mahajan vs. AIIMS (31 January 2018)

/ Contractual Employment, Deepak Gupta, Judges, Madan B. Lokur, Regularization of Services, Service Law

Supreme Court Upholds Denial of Contract Extension for Technical Assistant: Yogesh Mahajan vs. AIIMS (2018) LEGAL ISSUE: Whether a contract employee has a right to the renewal of their contract. CASE TYPE: Service Law. Case Name: Yogesh Mahajan vs. Prof. R.C. Deka, Director, All India Institute of Medical Sciences. [Judgment Date]: 31 January 2018 Introduction

Supreme Court Upholds Denial of Contract Extension for Technical Assistant: Yogesh Mahajan vs. AIIMS (31 January 2018) Read Post »

Supreme Court Upholds High Court Decision on Worker Count in Factory Closure Case: National Kamgar Union vs. Kran Rader Pvt. Ltd. (2018)

/ Abhay Manohar Sapre, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 25FFA, Industrial Disputes Act, 1947 with Section 25K, Judges, Lay-off, retrenchment, and closure, 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 28, R.K. Agrawal

Supreme Court Upholds High Court Decision on Worker Count in Factory Closure Case: National Kamgar Union vs. Kran Rader Pvt. Ltd. (2018) LEGAL ISSUE: Determination of the applicability of Chapter VB of the Industrial Disputes Act, 1947, based on the number of workers employed. CASE TYPE: Industrial Dispute Case Name: National Kamgar Union vs. Kran

Supreme Court Upholds High Court Decision on Worker Count in Factory Closure Case: National Kamgar Union vs. Kran Rader Pvt. Ltd. (2018) Read Post »

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