The Supreme Court recently reiterated the distinction between simple termination and punitive termination. This distinction is important because if the order of termination is punitive in nature then it becomes mandatory to conduct investigation following the procedure and opportunity of being heard should be given. Failure to do so may render such termination illegal and […]
Recently on Friday, 11th August 2023, the Kerala High Court issued a significant decision that sheds light on the procedural complexities of voluntary retirement and the withdrawal of the application for voluntary retirement by the employee. The case was ruled over by Justices Alexander Thomas and C. Jayachandran, who stressed the significance of adhering to
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
While it is common for people to express their feelings, frustrations or criticism on messaging platforms, a bank employee’s message on a WhatsApp group criticising the management and belittling higher authorities landed him in the soup. He filed a petition before the Madurai Bench of the Madras High Court seeking relief. Granting him relief, Justice
Madras HC: Upholds Bank Employee’s Right to Criticise Management On WhatsApp Group Read More »
The Supreme Court on Monday issued notice on the appeal filed by the University Grants Commission (UGC) against the order of the Kerala High Court that allowed the appointment of Priya Varghese as Associate Professor at Kannur University, treating the period spent by her to pursue her PhD to be counted as teaching experience. Priya Varghese is
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 »
The Supreme Court in the case ESI Corporation vs Radhika Theatre observed and has held that Section 1(6) of the Employees’ State Insurance Act, 1948 (ESI Act), which contemplates that an establishment would be governed by the Act even if the number of employees are falling below the specified limit at any time and the
Download: PDFs Madras HC: 3 Year Diploma/ Polytechnic Equivalent To 12th Standard Certificate For LLB Admissions Chhattisgarh High Court: HNLU VC Cannot Initiate Disciplinary Proceedings Against Employees Without Delegation Of Power By EC Delhi High Court: GIAL Service Rules] Provision On Notice Period Only Applicable In Case Of Employees, Not Probationers Karnataka HC: Blood Relatives
Labor Law Case Study – October 2022 | The One Clik Read More »
The Gujarat High Court has held that a workman cannot be denied the benefit of Section 25F of the Industrial Disputes Act which prescribes conditions precedent to retrenchment merely because he is engaged on contract basis, given that he rendered continuous services for several years, without any break. In this light, Justice AY Kogje dismissed the petition
