CASES REPORTED IN HCC | Case Laws on Unfair Labour Practice; Setting Aside Foreign Award; Validity of Will; GST Cancellation; and more
An update on new additions of case laws to SCC’s High Court Cases volume.
industrial dispute
Central Council of Homeopathy is ‘Industry’ as per Industrial Dispute Act: Delhi HC upholds reinstatement of compulsorily retired workman
The Delhi High Court said that Section 33-A is a special provision which aims to adjudicate as to whether conditions of a service, etc. have been changed during the pendency of proceedings before an Industrial Tribunal.
Bombay High Court upholds Cadbury’s termination decision for not being ‘employee’ under MRTU and PULP Act
Both Labour as well as Industrial Court have concurrently held that apart from performing supervisory nature of duties, the petitioner did not himself perform any manual, skilled, unskilled or clerical work.
Bombay High Court| Tata Memorial Hospital classified as an autonomous body under Central Government Control
Tata Memorial Hospital and Indian Cancer Research Centre were amalgamated into an institution named as Tata Memorial Centre, which was registered as a Society under the provisions of the Societies Registration Act, 1860 and also as a public trust under the provisions of the Bombay Public Trusts Act, 1950.
Supreme Court upholds regularisation of workmen engaged in regular and perennial nature of work
Supreme Court found the Industrial Tribunal justified in giving an award on a reference by the Central Government, and the Tribunal’s findings as unassailable.
‘Hospital deemed an ‘Industry’ under Industrial Disputes Act’; Delhi High Court affirms Rights of a ‘Workman’ in Hospital Dispute
Delhi High Court upholds Labour Court’s finding, affirming Hospital as an Industry under the Industrial Disputes Act, 1947 validating State Government’s referral authority, and confirming the continuous service of the workman.
Arbitration as a Method of Adjudication of Industrial Disputes: An Analysis
by Amrut Anil Joshi† and Anand Ratnakar Pai††
Calcutta High Court affirms Director’s liability under Section 32 of Industrial Disputes Act, 1947; directs compliance of compensation order
The Industrial Disputes Act, 1947 “is a beneficial legislation, for the benefit of the workmen and not paying the compensation since 2007 is clearly an abuse of the process of law.”
Delhi High Court enhances compensation from Rs 50,000 to Rs. 1,50,000 for illegal termination of ‘workman’
Delhi High Court observed that Bangalore Water Supply and Sewerage Board v. R. Rajappa, 1978 (3) SCR 207 acts as a North star for the courts to reach the conclusion regarding the applicability of the Industrial Dispute Act to an organization by laying down elaborate guidelines with respect to the definition of ‘industry’ under Section 2(j) of the Industrial Dispute Act.
Bombay High Court dismisses petition by Air India Employees Union alleging their ‘right to occupy’ allotted accommodations after privatization
Bombay High Court observed that if such a small number of employees continue to hold on to the accommodations, the AIAHCL will not be able to monetize the land to reduce the burden of debt AIL put on it.
“An Award of the Labour Court without any fundamental flaws, does not invite a High Court’s interference”; Gujarat HC dismisses petitions by employees of Indian Petrochemicals Corporation regarding the company’s Voluntary Retirement Schemes
Gujarat High Court: The instant petitions came up before the Court challenging the Award of the Labour Court, Vadodara, whereby which it
Gujarat High Court | Municipality has power to retire a municipal servant at any time on or after he attains the age of 55 years on giving him three months notice
Gujarat High Court: Biren Vaishnav, J. allowed petitions which were filed challenging the awards of the Labour Court ordering reinstatement
Ori HC | It is not mandatory for Central Government to make a reference of a dispute which is of national importance to a National Tribunal in view of S. 7-B r/w S 10 (1-A) ID Act
Rajasthan High Court: A Division Bench of S. Muralidhar, CJ and R.K. Pattanaik J. dismissed the petition and upheld the judgment by
[ID Act] Kar HC | Labour Court has no jurisdiction to first decide the workmen’s entitlement and then proceed to compute the benefit so adjudicated; Labour Court’s power like that of the Executing Court’s power
Karnataka High Court: K.S. Mudagal, J., allowed the petition and set aside the impugned award awarding compensation as well as the silver
Does the Contract Labour (Regulation & Abolition) Act, 1970 eclipse the Industrial Disputes (Rajasthan Amendment) Act, 1958? SC refuses to decide the issue as the first Court
Supreme Court: In the case where it was argued before the Court that the Industrial Disputes (Rajasthan Amendment) Act, 1958 which received
Bar on Government servants to engage in strikes? Ker HC elaborates
Kerala High Court: While expressing that, it is the duty of the welfare Government to protect not only the citizens, but to
Is Irrigation Department a factory? Will it be governed by Industrial Disputes Act? Supreme Court analyses
“Overall activities and functions of the Irrigation Department would have to be considered while deciding the question whether it is carrying on manufacturing activities.”
Cal HC | Labour Dispute| Duty of HC to only interfere in such matters where there is an egregious error in law
Calcutta High Court: Shekhar B. Saraf, J., while dismissing the present petition and upholding the interpretation placed by the Labour Court with
Del HC | Tribunal’s order for industrial dispute remanded back; Necessity for a reasoned order to be produced
Delhi High Court: Rekha Palli, J. while deciding a petition relied on various decisions in order to throw light on the significance
Del HC | Reinstatement cannot be granted where employee acts in a manner by which management loses confidence in him; order of reinstatement quashed
Delhi High Court: J.R. Midha, J. allowed a writ petition filed by the employer challenging the award of the Labour Court whereby the