The case revolved around the termination of services of Aga Syed Mustafa by JK Handicrafts. Mustafa, engaged as an Assistant Craftsman by the company in 1982, claimed that he had not voluntarily abandoned his services, as the company had alleged. Instead, he contended that he repeatedly made requests for further posting orders after being transferred …
Recently, two persons were terminated from service, working as an attendee and a part-time sweeper in Ayush NHM Homeopathic Dispensary by the Mananthavady Municipality. In light of this, the Justice Anu Sivaraman of the Kerala High Court, in the case of Tintu K. &Anr. v. Union of India &Ors.[1] highlighted and held that even employees working on …
Contractual Employees Cannot Be Terminated Without Issuance Of Notice: Kerala High Court Read More »
Industrial Relations Code, 2020 states in its objectives that it aims to “minimize the friction between the employers and workers; provide provisions for investigation and settlement of Industrial Disputes and achieve industrial peace and harmony as the ultimate pursuit in resolving industrial disputes” and thus, this article aims to analyze the multiple institutions provided in both Industrial …
Dispute Resolution Mechanisms Under ID Act 1947 and IR Code Read More »
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 …
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 …
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 …
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 …
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 …
