Category: Labour Cases

Prohibition of employment of contract labour – In the absence of any notification under Section 10 of the CLRA Act and in the absence of any allegations and/or findings that the contract was sham and camouflage, both the Industrial Tribunal as well as the High Court have committed a serious error in reinstating the contesting respondents

SUPREME COURT OF INDIA DIVISION BENCH KIRLOSKAR BROTHERS LIMITED — Appellant Vs. RAMCHARAN AND OTHERS — Respondent ( Before : M.R. Shah and Hima Kohli, JJ. ) Civil Appeal Nos.…

High Court ought to have considered the writ petition preferred by the workman on merits and ought to have given some findings on the order passed by the Labour Court rejecting the 33(C) (2) application – Order passed by High Court is quashed and set aside – Matter is remitted back to the High Court.

SUPREME COURT OF INDIA DIVISON BENCH M/S MITRA S.P. (P) LTD. AND ANOTHER — Appellant Vs. DHIREN KUMAR — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Minimum Wages – when the earlier notification was issued after following the due procedure as required under Sections 4 and 5 of the Act, 1948, the same procedure ought to have been followed even while varying and/or modifying the notification – Hence, the notification could not have been modified by such an Errata Notification

SUPREME COURT OF INDIA DIVISON BENCH GOMANTAK MAZDOOR SANGH — Appellant Vs. STATE OF GOA AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Territorial jurisdiction – Preliminary issue – When the issue touches the question of territorial jurisdiction, as far as possible the same shall have to be decided first as preliminary issue – Labour Court did not commit any error in deciding the issue with respect to the territorial jurisdiction as a preliminary issue in the first instance.

SUPREME COURT OF INDIA DIVISION BENCH V.G. JAGDISHAN — Appellant Vs. M/S. INDOFOS INDUSTRIES LIMITED — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal…

It is a fundamental principle of law that a party who is in enjoyment of an interim order, is bound to lose the benefit of such interim order when the ultimate outcome of the case goes against him. HELD in view of the efflux of time and taking into account the fact that few employees are now no more, we direct the Management not to effect any recovery, if payment has already been made to any of the respondents or their families.

SUPREME COURT OF INDIA DIVISION BENCH CHAIRMAN-CUM-MANAGING DIRECTOR FERTILIZER CORPORATION OF INDIA LIMITED AND ANOTHER — Appellant Vs. RAJESH CHANDRA SHRIVASTAVA AND OTHERS — Respondent ( Before : Hemant Gupta…

Employee’s Compensation Act, 1923 – Section 4A(3) – HELD Therefore, on the death of the employee/deceased immediately, the amount of compensation can be said to be falling due. Therefore, the liability to pay the compensation would arise immediately on the death of the deceased.

SUPREME COURT OF INDIA DIVISION BENCH SHOBHA AND OTHERS — Appellant Vs. THE CHAIRMAN, VITHALRAO SHINDE SAHAKARI SAKHAR KARKHANA LIMITED AND OTHERS — Respondent ( Before : M.R. Shah and…

Employees Provident Fund And Miscellaneous Provisions Act, 1952 – Section 14B – Power to recover damages – Held, any default or delay in the payment of EPF contribution by the employer under the Act is a sine qua non for imposition of levy of damages under Section 14B of the Act 1952 and mens rea or actus reus is not an essential element for imposing penalty/damages for breach of civil obligations/liabilities.

SUPREME COURT OF INDIA DIVISION BENCH HORTICULTURE EXPERIMENT STATION GONIKOPPAL, COORG — Appellant Vs. THE REGIONAL PROVIDENT FUND ORGANIZATION — Respondent ( Before : Ajay Rastogi and Abhay S. Oka,…

You missed