Category: Labour Cases

Industrial Disputes Act, 1947 – Section 11­A – Dismissal – Allegation of drunkenness – Its jurisdiction under Section 11­A of the Act 1947 although is a wide one but it must be judiciously exercised – Judicial discretion, it is trite, cannot be exercised either whimsically or capriciously. It may scrutinize or analyse the evidence but what is important is how it does so – Award passed by the Tribunal and confirmed by the High Court under impugned judgment is not sustainable in law – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH STANDARD CHARTERED BANK — Appellant Vs. R.C. SRIVASTAVA — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil Appeal No(s).…

Industrial Disputes Act, 1947 – Section 25F – Direction for reinstatement HELD when it comes to the case of termination of a daily-wage worker and where the termination is found illegal because of a procedural defect, namely, in violation of Section 25-F of the Industrial Disputes Act, this Court is consistent in taking the view that in such cases reinstatement with back wages is not automatic and instead the workman should be given monetary compensation which will meet the ends of justice. Rationale for shifting in this direction is obvious.

SUPREME COURT OF INDIA DIVISION BENCH RAM MANOHAR LOHIA JOINT HOSPITAL AND OTHERS — Appellant Vs. MUNNA PRASAD SAINI AND ANOTHER — Respondent ( Before : R. Subhash Reddy and…

HELD no factory/classes of factories could be exempted from compliance of the Factories Act, unless an ‘internal disturbance’ causes a grave emergency that threatens the security of the state, so as to constitute a ‘public emergency’ Pandemic is not emergency. Gujarat notification quashed.

  SUPREME COURT OF INDIA FULL BENCH  GUJARAT MAZDOOR SABHA AND ANOTHER — Appellant Vs. THE STATE OF GUJARAT — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Indu Malhotra…

SC Gives Option To Establishments And Workers To Negotiate On Full Payment Of Wages, Regardless Of MHA Order HELD “No industry can survive without the workers. Thus employers and employee need to negotiate and settle among themselves. If they are not able to settle it among themselves, they need to approach the concerned labour authorities to sort the issues out”

SC Gives Option To Establishments And Workers To Negotiate On Full Payment Of Wages, Regardless Of MHA Order [Read Order] LIVELAW NEWS NETWORK 12 Jun 2020 10:58 AM The Supreme…

[Employee’s Compensation Act] Relevant Date For The Determination Of Compensation Payable Is The Date Of The Accident: SC HELD ….benefit of 2009 amendment of the Act which had deleted the provision that capped the monthly wages of an employee at Rs 4,000 does not apply to accidents that took place prior to its coming into force……. Award not interfered.

SUPREME COURT OF INDIA DIVISION BENCH K. SIVARAMAN AND OTHERS — Appellant Vs. P. SATHISHKUMAR AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Ajay Rastogi, JJ.…

Decided on : 06-12-2019 After having accepted the appointment in FCI as per the Office Order dated 18.09.1973, it is not open to the Appellant-Union to take up the cause of the work charge employees and claim on their behalf benefits similar to those granted to the regular employees. – Appeals dismissed.

SUPREME COURT OF INDIA DIVISION BENCH KANDLA PORT WORKERS UNION @APPELANT Vs. FCI AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Civil Appeal…

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