employee

Case BriefsHigh Courts

Employer setting big targets, not granting leave and not accepting resignation would be acts in normal course of business: Bom HC grants anticipatory bail to employer accused of abetting suicide committed by employee

Bombay High Court: Sarang V. Kotwal, J., addressed a matter wherein an employer was accused of abetting the suicide of an employee.

Case BriefsHigh Courts

Can ‘minor’ who succumbed to an accident during course of employment be compensated under Employees Compensation Act or Insurance Company will be absolved of its liability? Bom HC explains

Bombay High Court: Bharati Dangre, J., Whether the Insurance Company can be absolved of its liability to pay compensation under the Employees

Case BriefsHigh Courts

If Labour Court orders reinstatement and employer challenges the said order, is workman entitled to payment of full wages during pendency of challenge by employer? Del HC explains in consonance of Industrial Disputes Act

Delhi High Court: The Division Bench of Rajiv Shakdher and Talwant Singh, JJ., decided a matter with regard to payment of full

Case BriefsDistrict Court

How is compensation for termination of services to be assessed in absence of applicability of special statute? Court decides in a case of termination of Law Officer’s services

Saket Courts, New Delhi: Naresh Kumar Laka, Additional District Judge – 03 decided a matter wherein an employee claimed full back wages

Case BriefsHigh Courts

All HC | Can workman who was employed for particular project be considered employee of the company and given permanent status after project is over? Court answers

Allahabad High Court: Siddhartha Verma, J. reiterated the law laid down by the Supreme Court in Lal Mohammad v. Indian Railway Construction

Case BriefsHigh Courts

MP HC | Recovery of interest not justified as benefit of increment was faulty at the part of the department; Court partly allows appeal

Madhya Pradesh High Court: Subodh Abhyankar, J., partly allowed a petition which was filed aggrieved whereby respondent 3 had initiated the recovery

Case BriefsHigh Courts

POSH Act | Jurisdiction of Internal Complaints Committee and Local Committee: Detailed account of Delhi HC decision revolving around case of aggrieved women herself terminated from services

Delhi High Court: Noting allegations against an employer with regard to the sexual harassment Sanjeev Sachdeva, J., expressed that, “…instead of providing

Case BriefsSupreme Court

It is not for the employee to insist transfer or deny it at a particular place; SC holds transfer isn’t a right of employee but discretion of employer

Supreme Court: In a landmark case, the Division Bench of M.R. Shah and Aniruddha Bose, JJ., held that an employee has no

Case BriefsSupreme Court

Does State Employer has the choice on who should enter its service? Supreme Court decides

Supreme Court: The Bench of K.M. Joseph and S. Ravindra Bhat, JJ. while addressing the matter, observed that, Public service – like

Case BriefsHigh Courts

Due to employer’s negligence, an employee suffered 100% disability | Read how Del HC emphasises on principle of res ipsa loquitur and strict liability to pronounce decision

Delhi High Court: Anup Jairam Bhambhani, J., emphasizing the principle of res ipsa loquitur and placing a detailed explanation on the same

Case BriefsHigh Courts

P&H HC | Can an employee who has foregone his promotion claim seniority over his juniors promoted earlier than him? HC answers

Punjab and Haryana High Court: Harsimran Singh Sethi, J., held that length of service in the cadre in which the seniority is

Case BriefsTribunals/Commissions/Regulatory Bodies

CAT | Premature retirement does not amount to punishment; Tribunal cannot go into adequacy where adverse facts exist against the employee

Central Administrative Tribunal (CAT): The Bench of Justice L. Narasimha Reddy (Chairman) and Mohd. Jamshed (Member) held that premature retirement does not

Case BriefsHigh Courts

Jhar HC | Employees of Telco Recreation Club cannot claim parity in pay with employees of Telco Ltd.; HC quashes Labour Court’s order

Jharkhand High Court: S.N.Pathak, J., held that the employees of Telco Recreation Club cannot claim parity in pay and other benefits at

Case BriefsTribunals/Commissions/Regulatory Bodies

CAT | Employer is entitled to withhold payment of gratuity even after the employee had attained his superannuation; Tribunal reiterates legal position

Central Administrative Tribunal (CAT):  Aradhana Johri, Member (A), partly allowed the instant application whereby the applicant had sought for issuance of directions

Case BriefsHigh Courts

Chh HC | Appeal under S. 30 of Employees’ Compensation Act, 1923 is to be entertained only on a question of law  

Chhattisgarh High Court: A Division Bench of P.R. Ramchandra Menon and Parth Prateem Sahu JJ., dismissed the appeal being devoid of merits.

Case BriefsTribunals/Commissions/Regulatory Bodies

CESTAT | Whether reimbursement of salary paid to ‘secondee’, to parent company, amounts to consideration for provision of manpower recruitment & supply agency services, within the meaning of S. 65(68) of Finance Act; Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of P. Venkata Subba Rao (Technical Member) and P. Dinesha (Judicial Member)

Case BriefsHigh Courts

HP HC | Where an employee has worked on a daily wage basis on two separate posts in lower and higher scales, can he be given the benefit of service rendered in lower scale and be regularized in higher scale by combining two services after 10 years; HC elucidates

Himachal Pradesh High Court: Vivek Thakur J., while allowing the present petition, made an elaborated discussion over conditions for granting benefit of

Case BriefsSupreme Court

Is a company providing expert services an employer under EPF Act if the wages are paid from contractual money received from clients? SC answers

Supreme Court: In a case where a company provided trained and efficient security guards to clients, claimed that security guards were the employees of the client, the

Case BriefsHigh Courts

Gau HC | In the event an excess salary is paid to an employee during his/her service tenure because of no fault of his/her, such excess payment cannot be recovered from retirement benefits; law laid down by SC reiterated

Gauhati High Court: Achintya Malla Bujor Barua J., while reiterating the principle laid down by Supreme Court, with respect to calculation and

Case BriefsHigh Courts

HP HC | Whether an employee who retired on 31st of a month is entitled to increment which would have fallen due on 1st of the next month; HC elucidates

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua, JJ., dismissing the present claim against the