Labour Court' Archives

Workmen won’t be estopped from challenging retrenchment order if employer does not follow S. 25-F of Industrial Disputes Act: Jammu and Kashmir and Ladakh HC

Jammu and Kashmir and Ladakh High Court stated that workmen can challenge their retrenchment order even after accepting retrenchment amount in case their employer has not followed the mandate of S. 25-F of Industrial Disputes Act, 1947

Case Briefs High Courts

Delhi High Court denies regularisation request of a messenger boy of a Bank for not being appointed through a regular process

The Delhi High Court upheld the order of the Labour Court wherein it was held that since the messenger boy of a Bank was unable to establish that he moved an application for absorption in the service in pursuance of the Bipartite Settlement, therefore, he was not entitled to regularisation of service. Further, the Dehi High Court held that regularisation was not a matter of right and therefore, this Court could not direct the respondent Bank to regularize the services of the messenger boy.

Case Briefs Supreme Court

Supreme Court| Principal employer cannot be directed to absorb contractual workers in absence of notification prohibiting contract labour, or allegations of contract being sham

Supreme Court reiterated that, in absence of any notification under S.10 of CLRA Act, 1970 and any allegations that the contract was sham and camouflage, the Courts cannot direct the principal employer to absorb contractual workers as employees

Case Briefs High Courts

Kerala High Court| Object of an enquiry under S. 33 (2) (b) of the Industrial Dispute Act, 1947 is to lift the veil to find out any hidden motive in punishing the workman

Kerala High Court: In a petition challenging the order dismissing the application filed under Section 33(2)(b) of the Industrial Disputes

Case Briefs High Courts

“An Award of the Labour Court without any fundamental flaws, does not invite a High Court’s interference”; Gujarat HC dismisses petitions by employees of Indian Petrochemicals Corporation regarding the company’s Voluntary Retirement Schemes

Gujarat High Court: The instant petitions came up before the Court challenging the Award of the Labour Court, Vadodara, whereby which it

Interviews

In conversation with Senior Advocate Sanjay Bhasin, on his journey in the field of litigation and arbitration

Interviewed by Ayush Shukla

Case Briefs High Courts

Gujarat High Court | Municipality has power to retire a municipal servant at any time on or after he attains the age of 55 years on giving him three months notice

Gujarat High Court: Biren Vaishnav, J. allowed petitions which were filed challenging the awards of the Labour Court ordering reinstatement

Case Briefs High Courts

[ID Act] Kar HC | Labour Court has no jurisdiction to first decide the workmen’s entitlement and then proceed to compute the benefit so adjudicated; Labour Court’s power like that of the Executing Court’s power

Karnataka High Court: K.S. Mudagal, J., allowed the petition and set aside the impugned award awarding compensation as well as the silver

Case Briefs High Courts

Customer produced to prove the guilt of misconduct by Conductor of DTC Bus: Is it correct? Del HC answers while reiterating established position of law

Delhi High Court: Prathiba M. Singh, J., while examining a case which was dismissed 30 years ago with regard to a workman’s

Case Briefs Supreme Court

Is dismissal from service per se an unfair labour practice for being disproportionate to the misconduct proved? Supreme Court answers

Supreme Court: While hearing the appeal filed by Maharashtra SRTC, the Division Bench comprising of M. R. Shah* and B. V. Nagarathna,

Case Briefs High Courts

Can ‘minor’ who succumbed to an accident during course of employment be compensated under Employees Compensation Act or Insurance Company will be absolved of its liability? Bom HC explains

Bombay High Court: Bharati Dangre, J., Whether the Insurance Company can be absolved of its liability to pay compensation under the Employees

Case Briefs High Courts

If Labour Court orders reinstatement and employer challenges the said order, is workman entitled to payment of full wages during pendency of challenge by employer? Del HC explains in consonance of Industrial Disputes Act

Delhi High Court: The Division Bench of Rajiv Shakdher and Talwant Singh, JJ., decided a matter with regard to payment of full

Case Briefs High Courts

All HC | Can workman who was employed for particular project be considered employee of the company and given permanent status after project is over? Court answers

Allahabad High Court: Siddhartha Verma, J. reiterated the law laid down by the Supreme Court in Lal Mohammad v. Indian Railway Construction

Case Briefs High Courts

To exercise rights, can contractual employees approach a permanent employer? Bom HC verdict determines

Bombay High Court: Reiterating the well-settled position that, contractual employees are not the employees of the principal employer, N.B. Suryawanshi, J., held

Case Briefs High Courts

Representation by Advocates before Labour Courts: Del HC reiterates there is no absolute bar

Delhi High Court: Prathiba M. Singh, J., while reiterating that there is no absolute bar on legal practitioners representing Management before Labour Courts,

Case Briefs High Courts

Jhar HC | Employees of Telco Recreation Club cannot claim parity in pay with employees of Telco Ltd.; HC quashes Labour Court’s order

Jharkhand High Court: S.N.Pathak, J., held that the employees of Telco Recreation Club cannot claim parity in pay and other benefits at

Case Briefs Supreme Court

Failure to make an enquiry before dismissal or discharge of a workman can be justified by leading evidence before the Labour Court: SC clarifies

Supreme Court: The 3-judge bench of L. Nageswara Rao, Navin Sinha and Indu Malhotra* has set aside the impugned judgment of Uttaranchal

Case Briefs High Courts

Bom HC | Will strict rules of pleadings as applicable for suits filed under CPC be applicable under Industrial Disputes Act as well? HC elaborates

Bombay High Court: Anil S. Kilor, J., reiterated that the strict rule of pleadings as applicable to civil suits is not applicable under

Case Briefs High Courts

Utt HC | Labour Court is not free to widen scope of reference made to it; Reinstated workman given the status of trainee and not regular employee

Uttaranchal High Court: Sharad Kumar Sharma, J. contemplated the writ petition where the petitioner raised questions related to the order of the