ID Act: Updates & Cases

Supreme Court: Civil Court Lacks Jurisdiction To Entertain Suit Structured On Provisions of Industrial Disputes Act

Civil court lacks jurisdiction to entertain suit structured on provisions of Industrial Disputes Act: SC – The Economic Times A civil court lacks jurisdiction to entertain a suit structured on the provisions of the Industrial Disputes Act, the Supreme Court said on Friday while dismissing an appeal filed by a man challenging an order on …

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Supreme Court: Irrigation Department Of State Not An ‘Industrial Establishment’ Under Section 25L Of ID Act

Source: livelaw Observing that the Irrigation Department of the State of Madhya Pradesh is not an “Industrial Establishment” under Section 25L of the Industrial Disputes Act, the Supreme Court has held that to decide as to whether a Department is an Industrial Establishment or not, the test would be to consider the predominant functions and activities …

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Supreme Court: ID Act – Burden Is On Employee To Prove He Was Not Gainfully Employed After Dismissal

The Supreme Court on September 24 observed that whether an employee has been able to discharge the burden that he was not gainfully employed after order of compulsory requirement or not is an issue which is to be decided in the facts of each case taking into consideration the entire material on record(National Gandhi Museum …

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Supreme Court: Violation Of Retrenchment Conditions U/s 25F ID Act Would Not Automatically Entail Reinstatement With Full Back-Wages

Violation Of Retrenchment Conditions U/s 25F Industrial Disputes Act Would Not Automatically Entail Reinstatement With Full Back-wages: Supreme Court The Supreme Court observed that the violation of Section 25F of the Industrial Disputes Act, 1947, [Retrenchment conditions] would not automatically entail in the reinstatement with full back wages. In this case, one Panchamlal Yadav challenged …

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HP HC: Whether ‘Appropriate Government’ Can While Exercising Powers Under S.10(1) of ID Act Decline Reference To Tribunal on The Ground of Delay

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua JJ., while deciding the present matter challenging order of the State Government, referred several precedents to opine that the issue requires adjudication by a larger bench. Background In the present bunch of writ petitions, the Appropriate Government declined to refer the …

HP HC: Whether ‘Appropriate Government’ Can While Exercising Powers Under S.10(1) of ID Act Decline Reference To Tribunal on The Ground of Delay Read More »

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