Category: Labour Cases

Interest Law–Interest– Starting Point–Question arises as to from which date interest would be paid–Starting point is on completion of one month from the date on which claim fell due–It cannot be the date of accident–It has to be taken to be the date of adjudication of the claim– Workman’s Compensation Act, 1923, Sections 3, 4A(3)(a). 

2009(1) LAW HERALD (SC) 479 IN THE SUPREME COURT OF INDIA Before  The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Civil Appeal No. 6691 of 2008…

Service Law–Wages–Any isolated one time ex-gratia payment made by way of an interim relief cannot be regarded as wages or its component—If such amount had been paid regularly by the employer to the employee in compliance with his terms of employment, it would have been regarded as wages or its component—Industrial Disputes Act, 1947,

2018(4) Law Herald (SC) 3381 : 2018 LawHerald.Org 1944 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.3168…

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.

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…

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

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…

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. 

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…

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