employer-employee relationship Archives

exploitative undertakings in public employment

‘Exploitative undertakings from employees to not claim any arrears are void ab initio’; Punjab & Haryana HC condemns unceremonious termination

The Court pointed out that no employee can be forced to contract out of his statutory rights, however, unfortunately, the practice of extracting undertakings from employees who have been reinstated after tedious litigation is common. These exploitative undertakings often pertain to forgoing past service benefits and are obtained by placing the employees under duress.

Case Briefs Supreme Court

Supreme Court upholds Kerala HC Verdict: Political Parties are not workplace and not liable to constitute Internal Complaints Committee under POSH Act

Supreme Court upheld the Kerala HC decision that political parties are not legally obligated to establish an Internal Complaints Committee under the POSH Act, because there is no employer-employee relationship among the members of political parties, and they do not meet the criteria of a “workplace” as defined under the Act.

TSRTC colour blind employee redeployment

Case Briefs Supreme Court

‘Employer’s discretion ends where employee’s dignity begins’; Supreme Court directs TSRTC to redeploy colour-blind employee

Stating that TSRTC’s omission to consider redeployment violates both statutory and constitutional obligations, the Court directed that the colour-blind employee be appointed to a suitable post, consistent with his condition.

Case Briefs Supreme Court

There can be a departure from the Schedule of Employees’ Compensation Act, 1923 in deciding functional disability: Supreme Court

“A careful reading of the provisions clearly demonstrates that if more than one injury is caused in the same accident the amount of compensation payable under the Act shall be aggregated, but not to the extent of such aggregation exceeding the amount which would have been payable if permanent total disablement had resulted from the injuries.”

Case Briefs Supreme Court

‘Filthy language’ examined in isolation without any context indicating intention to insult modesty, doesn’t fall under S. 506 IPC: SC

“It will be essential for the Court to carefully assess the evidence presented, in order to determine whether there is sufficient material to establish the intention and knowledge to insult the modesty of the complainant or, whether any act was intended to shock the sense of decency of the complainant being a woman”.

Case Briefs High Courts

Retrospective re-fixation of salary and pensionary benefits post-retirement is not in accordance with law: Madras HC

The petitioner was retired from service by superannuation and hence, the employer – employee relationship between the petitioner and the University had come to an end and hence, the University holds no Authority to re-fix the salary and the consequential benefits of the petitioner.

Case Briefs High Courts

Delhi High Court denies regularisation request of a messenger boy of a Bank for not being appointed through a regular process

The Delhi High Court upheld the order of the Labour Court wherein it was held that since the messenger boy of a Bank was unable to establish that he moved an application for absorption in the service in pursuance of the Bipartite Settlement, therefore, he was not entitled to regularisation of service. Further, the Dehi High Court held that regularisation was not a matter of right and therefore, this Court could not direct the respondent Bank to regularize the services of the messenger boy.