Labour Law

Supreme Court clarifies inter-regional transfer rules for UDC: Regional Director, ESI vs. Soumitra Sengupta (2017)

LEGAL ISSUE: Inter-regional transfer of an employee and their appropriate placement in the new region. CASE TYPE: Service Law Case Name: The Regional Director, Employees State Insurance Corporation & Anr. vs. Soumitra Sengupta & Ors. [Judgment Date]: November 23, 2017 Date of the Judgment: November 23, 2017 Citation: (2017) INSC 1009 Judges: Hon’ble Mr. Justice […]

Supreme Court clarifies inter-regional transfer rules for UDC: Regional Director, ESI vs. Soumitra Sengupta (2017) Read Post »

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

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)

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)

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)

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 »

Supreme Court Enhances Compensation in Motor Accident Case: Anita vs. Arun Yadav (2017)

LEGAL ISSUE: Determination of fair compensation in motor accident claims, specifically regarding income assessment of the deceased. CASE TYPE: Motor Accident Compensation. Case Name: Anita and Others vs. Arun Yadav and Others. Judgment Date: September 7, 2017. Introduction Date of the Judgment: September 7, 2017. The Supreme Court of India, in a recent judgment, addressed

Supreme Court Enhances Compensation in Motor Accident Case: Anita vs. Arun Yadav (2017) Read Post »

Supreme Court Upholds Termination of Apprentice Trainees: Ram Gopal Dwivedi vs. Kanpur Electricity Supply Co. Ltd. (25 July 2017)

Date of the Judgment: 25 July 2017 Citation: [Not Available in Source] Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. Can an employer terminate an apprentice’s training contract upon completion of the training period without it being considered an illegal termination? The Supreme Court of India addressed this question in the case of Ram Gopal

Supreme Court Upholds Termination of Apprentice Trainees: Ram Gopal Dwivedi vs. Kanpur Electricity Supply Co. Ltd. (25 July 2017) Read Post »

Supreme Court Addresses Representation of Unrecognised Unions in Industrial Disputes: Hind Kamgar Sanghatana vs. Dai Ichi Karkaria Ltd. (2017)

LEGAL ISSUE: Whether an unrecognized union can represent workers in industrial disputes when there is no recognized union. CASE TYPE: Industrial Dispute Case Name: Hind Kamgar Sanghatana vs. Dai Ichi Karkaria Ltd. and Anr. Judgment Date: 18 July 2017 Date of the Judgment: 18 July 2017 Citation: Civil Appeal No. 9222 of 2017 [@ Special

Supreme Court Addresses Representation of Unrecognised Unions in Industrial Disputes: Hind Kamgar Sanghatana vs. Dai Ichi Karkaria Ltd. (2017) Read Post »

Supreme Court Leaves Open Questions in Termination Case: Transport and Dock Workers Union vs. Shree Sadguru Krupa Freight Services (29 August 2017)

LEGAL ISSUE: Whether the termination of employees by an employer is valid. CASE TYPE: Labour Law Case Name: Transport and Dock Workers Union vs. M/s. Shree Sadguru Krupa Freight Services Judgment Date: 29 August 2017 Date of the Judgment: 29 August 2017 Citation: Not Available Judges: Kurian Joseph, J., R. Banumathi, J. Can a legal

Supreme Court Leaves Open Questions in Termination Case: Transport and Dock Workers Union vs. Shree Sadguru Krupa Freight Services (29 August 2017) Read Post »

Supreme Court clarifies retrenchment definition in contractual employment: Bhavnagar Municipal Corporation vs. Salimbhai Umarbhai Mansuri (2013)

LEGAL ISSUE: Whether termination of service on expiry of a fixed-term contract constitutes retrenchment under the Industrial Disputes Act, 1947. CASE TYPE: Labour Law Case Name: Bhavnagar Municipal Corporation vs. Salimbhai Umarbhai Mansuri Judgment Date: 16 July 2013 Introduction Date of the Judgment: 16 July 2013 Citation: 2013 INSC 507 Judges: K.S. Radhakrishnan, J., Pinaki

Supreme Court clarifies retrenchment definition in contractual employment: Bhavnagar Municipal Corporation vs. Salimbhai Umarbhai Mansuri (2013) Read Post »

Supreme Court clarifies pension eligibility for municipal employees: Sanchari Devi & Ors. vs. Ara Municipal Corporation & Ors. (2013) INSC 467 (25 June 2013)

Date of the Judgment: 25 June 2013 Citation: (2013) INSC 467 Judges: A.K. Patnaik, J. and Ranjan Gogoi, J. Can a municipal corporation deny pension benefits to its employees by delaying the implementation of pension rules? The Supreme Court of India addressed this critical question in a case concerning the Bihar Municipal Officers and Servants

Supreme Court clarifies pension eligibility for municipal employees: Sanchari Devi & Ors. vs. Ara Municipal Corporation & Ors. (2013) INSC 467 (25 June 2013) Read Post »

Supreme Court Clarifies the Scope of Labour Court’s Power in Declaring Workmen Permanent: U.P. State Sugar & Cane Development Corporation Ltd. vs. Chini Mill Mazdoor Sangh & Ors. (26 September 2008)

Introduction Date of the Judgment: 26 September 2008 Judges: Altamas Kabir, J., Markandey Katju, J. The central question in this case revolves around whether a Labour Court can declare seasonal workers as permanent employees, especially when their work’s nature appears continuous. The Supreme Court addressed this issue in an appeal concerning the U.P. State Sugar

Supreme Court Clarifies the Scope of Labour Court’s Power in Declaring Workmen Permanent: U.P. State Sugar & Cane Development Corporation Ltd. vs. Chini Mill Mazdoor Sangh & Ors. (26 September 2008) Read Post »

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