Supreme Court of India Judgements

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Category: Labour Cases

Labour Cases

Backwages–Backwages are ordinarily to be granted, keeping in view the principles of grant of damages in mind–It cannot be claimed as a matter of right. Transfer of Employee–Ordinarily an employee who has been transferred should, subject to just exceptions, join at his transferred place–Ordinarily in an industrial undertaking indiscipline should not be encouraged.

Dec 26, 2018 sclaw

2009(1) LAW HERALD (SC) 27 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7011 of 2008…

Labour Cases

Service Law—Back Wages—Labour Court in one line simply directed the appellant (employer) to pay full back wages for a long period to the deceased workman while directing his reinstatement in service without considering the factors required to determined before awarding full back wages

Dec 21, 2018 sclaw

2018(4) Law Herald (SC) 2943 : 2018 LawHerald.org 1764 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal…

Labour Cases

Appellant made reference before Labour Court–Labour Court concluded that the workman worked with the Department for a period of more than 240 days preceding the date of termination, thus directed reinstatement–High Court set aside the award of the Labour Court–Appeal–Appellant worked for 3 years without break during his service tenure–No reason given of his termination–Termination in contravention of the provisions of Section 25-F–High Court ought not to have interfered with the factual finding rendered by the Labour Court–Impugned order of the High Court set aside and that of the Labour Court restored. 

Dec 1, 2018 sclaw

2010(1) LAW HERALD (SC) 592 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice H.L. Dattu Civil Appeal No. 229 of 2010…

Labour Cases

Regularization of services–Daily wagers–Merely because a temporary employee or a casual wage worker is continued for a time beyond the term of his appointment, he would not be entitled to be absorbed in regular service or made permanent, merely on the strength of such continuance, if the original appointment was not made by following a due process of selection as envisaged by the relevant rules.

Dec 1, 2018 sclaw

2010(1) LAW HERALD (SC) 589 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal Nos. 795-798 of…

Labour Cases

Unprotected worker–Definition of–Every worker, who is doing manual work and is engaged or to be engaged in any scheduled employment, would be covered by that definition and would become an unprotected worker–Merely because some workmen are manual workers and not casual workers, that by itself, would not make any difference.

Nov 9, 2018 sclaw

2010(1) LAW HERALD (SC) 1 IN THE SUPREME COURT OF INDIA Before  The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S.Sirpurkar Civil Appeal No. 8452 of 2009 [Arising…

Labour Cases

Labour Court and High Court failed to consider the specific plea of the company that the employee concerned was an employee of the contractor–Held in normal circumstances the matter should be remitted to High Court for reconsideration accordingly but as the employee concerned has already superannuated , Court directed to pay 50% of back wages only in terms of the award of Labour Court.

Mar 21, 2018 sclaw

2008(1) LAW HERALD (SC) 698 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Appeal (civil) 1389 of 2001…

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The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

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