Labor Law: Case Study

Court Should Not Take On Record Comments Made During Mediation Or Settlement Proceedings: Supreme Court

The Supreme Court on Wednesday observed that taking on record the comments made during the course of mediation or settlement proceedings impedes conciliation and impinges on the principle of confidentiality. While disapproving the observations made in the order dated April 20, 2021 passed by the Orissa High Court, bench of Justices Sanjiv Khanna and Bela M Trivedi in its …

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Supreme Court: Employee Has Right To Resign, Cannot Be Forced To Continue Unless Organisation Rule Stipulates It

When an employee has tendered his resignation, the company cannot force him to continue in its employment. This holds true unless the company has a rule that stipulates otherwise or it is part of the employee’s appointment order or there is a disciplinary action pending against the employee. The Supreme Court bench of Justice Arun …

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18% GST On Entire Salary: Switching Job Without Serving Notice Period

Many industries including the Information & Technology are witnessing high attrition right now as companies are scouting for talent to work on new projects. Hiring companies are even buying notice period of the new employees in the rush to fill up vacancies. If you are among such employees and are quitting your present job without …

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Supreme Court: Part-Time Staff Not Entitled To Seek Regularisation

The Supreme Court has held that part-time employees are not entitled to seek regularisation as they are not working against any sanctioned post in the Government. A Bench of Justices M.R. Shah and A.S. Bopanna clarified in a recent judgment that there cannot be any permanent continuance of part-time temporary employees. “The status of permanency …

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Supreme Court: Services Rendered By Adhoc Employees Prior To Regularization Cannot Be Counted For Purpose Of Seniority

Services Rendered By Adhoc Employees Prior To Regularization Cannot Be Counted For Purpose Of Seniority: Supreme Court The Supreme Court reiterated that the services rendered by ad hoc employees prior to their regularization cannot be counted for the purpose of seniority. In this case, while allowing a writ petition filed by some regularized employees, the …

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Supreme Court: Dependent Cannot Seek Compassionate Appointment On Higher Post Than Held By Deceased Employee

The Supreme Court  observed that a dependent/applicant cannot seek compassionate appointment on the higher post than what was held by the deceased employee. The Court observed that the appointment on compassionate ground is a concession and not a right. It is an exception to the general rule of appointment in the public services and is …

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Supreme Court On Vicarious Liability: Top Management of Company Can’t Be Prosecuted In Absence Of Specific Allegation Against Them

Observing that vicarious liability cannot be imputed automatically on the Top Management for an offence committed by the company in the absence of any statutory provisions, the Supreme Court has said that chairman/managing director/director of a company cannot be prosecuted if there is no specific allegation against them. A bench of Justice M R Shah and Justice A S Bopanna …

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Supreme Court: Retrospective Seniority Cannot Be Claimed From A Date When An Employee Is Not Even Borne In Service

Retrospective Seniority Cannot Be Claimed From A Date When An Employee Is Not Even Borne In Service: Supreme Court Retrospective seniority cannot be claimed from a date when an employee is not even borne in service, the Supreme Court observed in a judgment today. The bench of Justices R. Subhash Reddy  and Hrishikesh Roy observed …

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Supreme Court: Resignation Once Accepted Can’t Be Withdrawn Citing Mere Delay In Relieving Employee

Resignation Once Accepted Can’t Be Withdrawn Citing Mere Delay In Relieving Employee : Supreme Court The Supreme Court has observed that mere delay in relieving an employee from his duties does not impact the acceptance of his resignation. The Court rejected the argument of the employee that he was entitled to withdraw the resignation citing …

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