Employer Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Medical Negligence | Kidney instead of Kidney Stones removed: Whether hospital will be vicariously liable for its employee’s negligent act? Read to know

Consumer Disputes Redressal Commission, Gujarat State, Ahmedabad: Noting the fact that a patients Kidney was removed instead of the stones in the

Case Briefs High Courts

[POSH] Chh HC | Whether obscene language used by A against B would amount to sexual harassment within workplace if working institution is different but appointed by the same employer i.e. Government of Chhattisgarh?

Chhattisgarh High Court: Narendra Kumar Vyas J. allowed the petition and remarked “any victim of sexual harassment at workplace should not run

Foreign Legislation Legislation Updates

USA- California | Governor signs new legislation on wage theft

The California’s Governor has signed Assembly Bill 1003, concerning wage theft by employer, into law on September 28, 2021. The highlights of

Legislation Updates Rules & Regulations

Delhi Shops and Establishments (Amendment) Rules, 2021

The Delhi Labour Department has notified the Delhi Shops and Establishments (Amendment) Rules, 2021 on September 24, 2021 to further amend the

Case Briefs Supreme 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 Briefs Supreme 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 Briefs High 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 Briefs High Courts

P&H HC | Age relaxation cannot be claimed on the basis of CM’ tweet; HC rejects petition seeking relaxation in maximum age for Police Sub Inspectors

Punjab and Haryana High Court: Girish Agnihotri, J., held that the decision of the employer to fill up the vacancies at any

Case Briefs High 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 Briefs International Courts

[Equal Pay for Equal Work] ECJ holds TESCO stores are single-source/employer for its different distribution centers; pay gap between workers of a different sex can hit by EU laws

European Court of Justice (ECJ): The Second Chamber composed of A. Arabadjiev, President of the Chamber, A. Kumin, T. von Danwitz (Rapporteur),

Case Briefs High Courts

Bom HC | Can possible case of cartelization be determined only after opening of commercial bid? HC answers

Bombay High Court: The Division Bench of S.C. Gupte and M.S. Karnik, JJ., expressed that for an employer to come to a

Case Briefs High Courts

Ker HC | [Manual Scavenging] HC directs State to pay Rs 10 lakh compensation to the family of a deceased manhole worker

Kerala High Court: The Division Bench comprising of S. Manikumar, CJ and Shaji P. Chaly, J., heard the instant PIL regarding demand

Case Briefs Tribunals/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 Briefs High 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 Briefs High Courts

Guj HC | Dismissing the argument of arrangement being a Contractual set up with no Industrial dispute as such, Court upholds reinstatement of the workman granting compensation against back wages

Gujarat High Court: A.P. Thaker J., upholding the decision of the Labour Court with respect to reinstatement of the workman, directed the

Case Briefs Tribunals/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 Briefs High 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 Briefs Supreme 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 Briefs Supreme Court

Candidate suppresses his over-qualification during recruitment process. Can he later contend that over-qualification can’t be a disqualification? Here’s what SC says

Employers prescribe qualifications to any post, not Courts.

Op Eds OP. ED.

Decoding the Industrial Relations Code, 2020

by Aditya Gaggar*