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Labour & Service Law Judgments and Orders

State Govts is not appropriate Govt. in Case of Cement Indus

 06 March 2010

Labour and Industrial - Controlled Industry - Declaration of cement industry as Controlled Industry - Appropriate Government for Cement Industry - Delegation thereof - Applicability of MRTU and PULP Act - Section 30 of Industrial Disputes Act, 1947 a..

Posted in Labour & Service Law |   3767 hits

VRS application can be withdrawn before employer accepts it

 26 February 2010

Petition had tendered his resignation under VRS Scheme but had applied to withdraw the same but bank refused it and matter wnet up till High Court wherein this judgment was delivered...

Posted in Labour & Service Law 1 comments |   2929 hits

Indian Working Abroad & His Tax Liability In India

 20 February 2010

Shri Anurag Chaudhary (applicant), a software engineer, was an employee of NIIT Technologies Limited (NIIT – India). NIIT India assigned the applicant to work in its group company NIIT Technologies Inc. (NIIT USA) for a specific period. The applicant..

Posted in Labour & Service Law |   3206 hits

Employees cann't be sacked without providing opportunity of

 06 February 2010

The employee was terminated without holding any enquiry taking the benefit of article 311 (2) of constitution by State of UP stating that it is near to impossible to hold such an employee and his immediate termination is in the interest of State. App..

Posted in Labour & Service Law |   2164 hits

Termination of Service

 20 August 2009

Termination of service in Private Sector as per terms of contract of employment is not agasint Public Policy nor in violation of Article 14 of the Constitution of India. Central Inland Water Corporation 1986(3)SCC156 differed...

Posted in Labour & Service Law |   4295 hits

Proportionate punishment

 21 May 2009

wrongful detention of a person under s. 13 of Lunacy Act - police constable charged him of asault in insane state of mind - after inquiry constable dismissed from service - supreme court reduced the punishment to compulsory retirement...

Posted in Labour & Service Law |   3227 hits

Compassionate appointment

 16 May 2009

After death of employee a settlement between his legal hairs arived at in which son in law of one of his daughters was given right to apply for compassionate appointment - apllication made after 15 yrs of death was rejected- high court allowed the p..

Posted in Labour & Service Law |   3864 hits

coverage of Branch Manager under Shops Act

 28 April 2009

Merely because the 3rd respondent is the Manager of a Branch, it cannot follow that he is an employer within the meaning of S. 2(5) of the Act vis-a-vis himself. I am therefore, of the view that he is entitled to invoke the provisions ..

Posted in Labour & Service Law |   3680 hits

Employment contract Vs T Nadu Shops & estt Act

 28 April 2009

However, I have already observed that the provisions of the Tamil Nadu Shops and Establishments Act are applicable to the petitioner's case and in view of the Notification of the Government of Tamil Nadu at the relevant time, the petitioner was a "pe..

Posted in Labour & Service Law |   4038 hits

Termination of Service u/s.41 (1) of TN Shops Act

 18 April 2009

Under Section 41(1) of the Act, the services of a person like the first respondent who has been employed continuously for over a period of six months can be dispensed with for a reasonable cause after giving the person at least a month's notice or wa..

Posted in Labour & Service Law |   4589 hits

S.41(2) of TN Shop act not enacted to convert it as forum

 18 April 2009

The next question that arises is whether it is open to the management to lead evidence before the appellate authority where the services of the petitioner were terminated without any enquiry. This Court in the case of Zenith Lamps and Elect..

Posted in Labour & Service Law |   2948 hits

reduction of salary without notice and opportunity- invalid

 17 April 2009

The appellant has obviously been visited with civil consequences but he had been granted no opportunity to show cause against the reduction of his basic pay. He was not, even put on notice before his pay was reduced by the department and the order ca..

Posted in Labour & Service Law |   3864 hits

Applicability of ID Act to Shops and Establishments

 08 April 2009

If the employees are 'workmen' and the management is an 'industry' as defined in the Industrial Disputes Act and the action taken by the management amounts to 'retrenchment', then the rights and liabilities of the parties are governed by provisions o..

Posted in Labour & Service Law |   13233 hits

Suit for recovery of possession

 12 March 2009

Civil Procedure Code, 1908-Order 12, Rule 6-Transfer of Property Act, 1882-Section 106-Suit for recovery of possession-Claim of tenants that there were four individual tenancies-As per Lease deed on record tenancy in question was joint and not indivi..


Back Wages

 10 March 2009

Back Wages when reinstatement awarded by the Labour Court Decided March 2009..


Workmen Compensation Act 1923

 10 March 2009

The meaning of Accident during the course of employment..


Occupational accidents and diseases

 26 February 2009

Therefore, we hold that right to health, medical aid to protect the health and vigour to a worker while in service or post retirement is a fundamental right under Article 21, read with Articles 39(e), 41, 43, 48A and all related Articles and fundame..


employment of a few persons on account of some emergency

 20 February 2009

The word 'employment' must therefore. be construed as employment in the regular course of business of the establishment, such employment obviously would not include employment of a few persons for a short period on account of some pas..


PF contribution for contractors the helpers of Contractors

 20 February 2009

unless there is material that the labour engaged by the contractors is engaged for the private employer it cannot be said that they are labour through a contractor within section 2(f) of the Act..


individual workman can not claim lay-off compensation

 17 February 2009

once a written settlement is arrived at during the conciliation proceedings such settlement under Section 12(3) has a binding effect not only on the signatories to the settlement but also on all parties to the industrial dispute which would cover the..