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**
Employer
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
Telangana HC | Can HC decide whether an FIR is false or frivolous? HC discusses in a case where an employee is suspended in light of ongoing criminal case & departmental enquiry
Telangana High Court: A Division Bench of Raghvendra Singh Chauhan, CJ and T. Vinod Kumar, J., while addressing a writ appeal observed that
Cal HC | Can a transferee claim that he being the transferee of an establishment is not liable to pay dues accruing before the transfer under ESI Act? HC explains
Calcutta High Court: Ravi Krishan Kapur, J., while addressing an issue pertaining to Employees’ State Insurance Act, 1948, observed that, The ESI Act
Sikk HC | Whether a private function comes within ambit of broad interpretation of “workplace” in POSH Act?: HC to determine
Sikkim High Court: Bhaskar Raj Pradhan, J.has framed an eminent question for determination which will have an impact on the dispensation of justice
No employing Higher Educational Institutions shall retain any teacher’s original academic certificates: UGC
UGC issues notice that no employing Higher Educational Institutions shall keep in their possession any teacher’s original academic certificates/documents which is akin
ESIC officials shall not ask records beyond period of 5 years from employer to determine contributions — Clarification
Clarification regarding checking of records beyond 5 year period for conducting test inspections The present clarification has been issued in view of
Canada SC | Obligation to inspect the safety of workplace is limited to the parts which are controlled by the employer
Supreme Court of Canada: A Full Bench of Wagner, CJ. and Abella, Moldaver, Karakatsanis, Gascon, Côté, Brown, Rowe and Martin, JJ. allowed
Raj HC | Employee has statutory right to receive amount of wages last drawn even if execution of an award for the same has stayed
Rajasthan High Court: Mohammad Rafiq, J. disposed of an application seeking a grant of last wages drawn by the employee under the
AFT | Onus of proof is on employer to prove disability incurred by applicant to be not accredited during employment
Armed Forces Tribunal (AFT): Justice S.V.S. Rathore and Air Marshal BBP Sinha (Member) partly allowed an application to consider applicant’s disability as
Jhar HC | Employer is vested with discretion to condone suppression of fact, if the same does not render an incumbent unfit for the post
Jharkhand High Court: Ananda Sen, J. set aside the order of termination and the decision of the Screening Committee CISF, with a
Courts can’t do interpretive rewriting of the advertisement thereby changing the conditions of eligibility
Supreme Court: Stating that the essential qualifications for appointment to a post are for the employer to decide, the bench of Arun
Delhi HC | Employers have to be more considerate and sympathetic to working women’s maternal needs
“Women who constitute almost half of the segment of our society have to be given due weightage and honoured and treated with
Employer entitled to consider antecedents and suitability of candidate for appointment even after disclosure made by candidate: SC
Supreme Court: A Bench comprising of Uday U. Lalit and Dr D.Y. Chandrachud, JJ. allowed an appeal filed against the judgment of the
Court may substitute penalty imposed on employee without remanding matter to employer on unfair harassment
Delhi High Court: A Division Bench comprising of Rekha Palli and Siddhartha Mridul, JJ. dismissed an appeal filed against the order of