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labour service law


Whether Compensation can be awarded for death of employee due to Malaria Fever under Employee Compensation Act?

In the matter of  Union of India, Ministry of Road Transport and Highways New Delhi and Another vs. Fulerunnessa w/o Guley Ahmed Mazumdar-2016-II-LLJ-517- Deceased employee was the son of claimant/respondent. Deceased was engaged with Appellant for construction of road. During course of employment he fell sick and died out of malaria. p style="text-alig..

Posted in articles |   1 comments |   391 Views


PSBs not complying with SC judgements

PSBs NOT COMPLYING WITH SC JUDGMENTS "PENSION OPTION TO COMPULSORY RETIRED EMPLOYEES”. PUBLIC SECTOR BANKS NOT COMPLYING WITH SUPREME COURT JUDGMENTS IN RESPECT OF SIMILARLY PLACED EMPLOYEES “PENSION OPTION TO COMPULSORY RETIRED EMPLOYEES”. p style="text-align: ju..

Posted in articles |   2 comments |   731 Views


Prospects of relief from civil courts to Employees that are not covered as 'Workman' and by umbrella of Labor Laws

>> Courts of law are; ‘Parents Patriae’; Parent to the nation. Courts of law have and time and again rose to identify the needs of community of employees, defended them from hardships at the hands of employers and provided relief to employees and protected their employ-ability. p style="te..

Posted in articles |   3 comments |   516 Views


Rates of Minimum wages revised in Delhi w.e.f. 01.10.2016

The Labour Department vide its Order No F.No.12 (142)/13/mw/lab/2124 dated 30th September 2016 has revised the minimum rates of wages payable under the Minimum Wages 1948 in the National Capital Territory of Delhi. This following rates of minimum wages shall be applicable in respect of unskilled, semiskilled and skilled categories ..

Posted in articles |   4 comments |   790 Views


Acquittal on technical grounds is 'Honourable Acquittal'

>>> The employees often face dilemma if criminal charges that are deemed as a case of ‘Moral Turpitude’ are pressed against them, would they be entitled for job and employment? The employer’s cite their own internal and service rules to deny employment and/or reinstatement, to employee that is booked ..

Posted in articles |   2 comments |   1314 Views


If employee has not disclosed: Higher educational qualification, it is not misconduct

.style1 { text-align: center; } >>> Whether omitting to disclose information regarding higher academic qualification than required for vacant post amounted to misrepresentation / misconduct? Has such omission caused harm to employer? p style="text-alig..

Posted in articles |   6 comments |   629 Views


Apex Court: No time limit for referring labor disputes to Labor Court, Tribunal

Often the employee whose employment is terminated ponder that there is a prescribed period of limitation to approach the labour court, tribunal. Or the dispute is stale dispute and cannot be referred for adjudication. The affected employee may get confused by provisions of Industrial Dispute Act..

Posted in articles |   5 comments |   3643 Views


Do research centers fall within the definition of Industry?

This is an appeal made before the Supreme Court of India challenging the dismissal of reinstatement of an employee (driver) by the High Court. The brief facts of the case are this: A driver who served as a workman on daily wages for a period of three years was terminated by AIIM..

Posted in articles |   115 Views


Commissioner of compensation cannot extend disability

COMMISSIONER OF COMPENSATION CANNOT EXTEND DISABILITY (future disability) PERIOD TO COMPENSATE BEYOND ADJUDICATION DATE In the case of Bajaj Allianz General Insurance Company Ltd vs. Sri. Mridal Roy (2016-I-LLJ-262(Gau) LNIND 2015 GAU 691) ( M.F.A..

Posted in articles |   95 Views


Do not dispense with the service of a workman simultaneously retaining juniors and engaging fresh hands without proper compliance of law

  Respondent/Workman was engaged on daily wages basis by Petitioner. The Petitioner dispensed with the services of workman. Being aggrieved, workman raised a dispute with Labour Court. Petitioner contended that workman had abandoned job on his own and dispute had become stale. p style="text-align: ju..

Posted in articles |   88 Views


Back Wages beyond period of closure of a company

Labour Law Citation: Supreme Court: 2016-I-LLJ-257(SC) LNIND 2016 SC 8: MANAGEMENT OF NARENDRA AND COMPANY PRIVATE LTD vs. WORKMEN OF NARENDRA AND COMPANY Workmen were retrenched by management. This turned into an industrial dispute. Labour Court directed reinstatement with 50% back wages to be payed to workmen. p style..

Posted in articles |   116 Views


Employment of an employee cannot be terminated without inquiry

It becomes necessary to know the truth or to unravel the real factual position so that the legal rights of an employee are not infringed. Many times it so happens that the termination order is been passed without conducting any regular enquiry and without affording any opportunity of hearing. p style="text-..

Posted in articles |   11 comments |   957 Views


Only secret ballots can decide majority union-supreme

M/s. Faxconn (India), a multinational company situated in Sriperumbudur in Chennai, entered into a settlement with the minority Union bypassing democratic principles and ignoring majority Union by name, Podhu Thozhilalar Sangam affiliated to CITU.   The Union, Podhu Thozhilalar S..

Posted in articles |   8 comments |   597 Views


Important citations under labour laws

1. Contract Labour (Regulation and Abolition) Act 1970- Sections 7 and 12: The High Court Of Calcutta has held in the case of MMTC LTD - Petitioner Versus Learned Fourth Industrial Tribunal & Others-Respondent that, “On the subject matter of regularization, for an employer and employee relationship- mer..

Posted in articles |   8 comments |   996 Views


An analysis of draft Bill on the Contract Labour (Regulation & Abolition) Act, 2015

CHAPTER I PRELIMINARY   Section 1Short Title, extent, commencement and application:   A) In Chapter I, P..

Posted in articles |   821 Views




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