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
Employer
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
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
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
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
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
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
[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),
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
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
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
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.
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
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)
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
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
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.
Decoding the Industrial Relations Code, 2020
by Aditya Gaggar*
Levy of Liquidated Damages by one party to a contract: When arbitrable? Comments in light of SC Judgment of Mitra Guha v. ONGC
by Prashant Pakhiddey* & Lakshmi Dwivedi**
SL SC | Preliminary objection overruled, no provision requiring the filing of objections in an appeal; Court allows appeal
Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Priyantha Jayawardena, PC, Murdu N.B. Fernando, PC, and