Labor Law: Case Study

Supreme Court: Resignation Once Accepted Can’t Be Withdrawn Citing Mere Delay In Relieving Employee

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Resignation Once Accepted Can’t Be Withdrawn Citing Mere Delay In Relieving Employee : Supreme Court The Supreme Court has observed that mere delay in relieving an employee from his duties does not impact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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Supreme Court: Reinstatement With Full Back Wages Is Not Automatic In Every Case Of Illegal Termination / Dismissal

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The Supreme Court reiterated that reinstatement with full back wages is not automatic in every case, where termination / dismissal is found to be not in accordance with procedure prescribed under law. In this case, an employee appointed as Clerk-cum-Cashier was dismissed from service by the Allahabad Bank alleging his involvement in the incident relating

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Supreme Court: No Compassionate Job To Daughter Who Got Divorced After Death Of Employee

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The Supreme Court on Monday ruled that a deceased government employee’s daughter who got divorced after the death of the staff would not be entitled to a compassionate appointment. A bench of Justices M R Shah and Aniruddha Bose allowed an appeal filed by the Director of Treasuries in Karnataka against the High Court’s direction to the

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Supreme Court: Employee Not Estopped From Challenging Terms & Conditions Of Employment If It Violates Statutory Requirement

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The Supreme Court observed that employee is not estopped from questioning terms and condition of employment at a stage where he finds himself aggrieved. “It is open for the employee to challenge the conditions if it is not being in conformity with the statutory requirement under the law and he is not estopped from questioning

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Supreme Court: Employee Cannot Insist On Transfer To A Particular Place; It’s For Employer To Decide

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Employee Cannot Insist On Transfer To A Particular Place; It’s For Employer To Decide: Supreme Court The Supreme Court on September 6, 2021 observed that it was not for the employee to insist the transfer or non-transfer to a particular place but it was for the employer to do the same considering the requirement. The

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Bombay High Court: Equal Pay For Equal Work Isn’t A Fundamental Right

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The Bombay High Court bench of Justices Sunil Shukre and Rohit Deo at the Nagpur bench has held that “equal pay for equal work” isn’t a fundamental right. This comes on a plea filed by full-time instructors seeking parity in payments as given to full-time teachers of a vocational course. The bench was hearing petitions

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Allahabad High Court: Removing Contractual Employee From Post Without Providing Him Any Opportunity Of Hearing Is Unfair

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A Single-Judge Bench of Justice Ashwini Kumar Mishra of the Allahabad High Court, while hearing a petition filed by Munni Poonam, engaged as Warden in Kasturba Gandhi Balika Vidyalaya at Belhari in District Balliahas, has observed that it is not fair to remove a contractual employee from the post or terminate his contract, without providing

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Union Workers Files Case Against GM India On Layoffs Over Non-Acceptance of VSS

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The union workers of General Motors India have filed a case against the company in industrial court after the company terminated 1,086 employees when they refused to accept the Separation Scheme (VSS). About one-third of employees at the Talegaon site has accepted the voluntary separation scheme by the July 4 deadline. The local unit of

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‘Enhancement Of Superannuation Age A Policy Matter’ : Supreme Court Sets Aside Allahabad HC Direction On Retirement Age In NOIDA

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Supreme Court Sets Aside Allahabad HC Direction To Give Retrospective Effect To Enhancement Of Retirement Age In NOIDA The Supreme Court has set aside a judgment of the Allahabad High Court which directed that retrospective effect from September 2002 should be given to the decision taken by the New Okhla Industrial Development Authority (NOIDA) in

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