Bringing you the Best Analytical Legal News
Explore the latest Cases reported in SCC’s High Court Cases (HCC) shaping Service and Labour Laws which covers pension recovery, withholding of pension, abandonment of service, pay fixation, employees’ compensation, voluntary retirement, recruitment of persons with disabilities.
A quick roundup to cover all the important legal developments and cases this week.
Treating Employment Bond Amount as Debt Without Establishing Actual Loss Impermissible under Section 138 NI Act; Employee Acquitted in Cheque Dishonour case: Bengaluru Sessions Court
Any dispute arises in respect of liquidated damages, it should be reasonable. A party to contract violated a terms or conditions, he is liable to pay actual damages or loss caused to other party.
The present appeal presents an important question concerning the delicate balance between strict adherence to statutory recruitment norms and the constitutional obligation of courts to ensure fairness where employees, appointed through a duly initiated public selection process and having rendered long years of unblemished service, face the prospect of displacement on account of procedural defects allegedly attributable not to them but to the authorities conducting the recruitment.
Labour Ministry has notified ₹18,000 wage ceiling that excludes supervisory employees earning above this limit from the definition of ‘worker’.
“True equality at the workplace can be achieved only with the right impetus given to disability rights as a facet of Corporate Social Responsibility.”
RGNUL Punjab’s CASLW has launched “Shram,” a weekly newsletter on contemporary labour and employment law issues, inviting submissions that explore evolving workplace rights and legal developments.
“Where the disciplinary proceeding itself is without jurisdiction, upholding the same on the specious plea that it was not challenged on the ground of lack of jurisdiction would be tantamount to giving imprimatur to a patently illegal proceeding”
“Recruiting bodies subject to the extant rules may devise an appropriate procedure for bringing the recruitment process to its logical end, provided the procedure is transparent non-discriminatory, non-arbitrary, and has a rational nexus with the object sought to be achieved”
Supreme Court noted that as per the employee in the case at hand, comes within the meaning of “workman” as given in Section 2(s) of the I.D. Act and the management without following the legal procedure, relieved him from service abruptly and hence, the same is illegal termination.
Looking at the punishments awarded to the co-delinquents for same incidents/transactions and acts of connivance and testing the impugned action on the anvil of Article 14 as well as keeping in mind the long and unblemished spell of service of the respondent, save and except, the Single Judge was inclined to convert the punishment from ‘dismissal’ to one of ‘compulsory retirement’.
The smooth functioning of the District Judiciary without regular staff and employees is likely to suffer and cannot be cured or supplemented by contractual engagements.
Khaitan & Co, a leading full-service law firm has announced boosting its employment practice with the addition of two key Partners. Avik
EBC Author and Partner at Fox Mandal & Associates, Saurabh Bindal has been appointed as an Adjunct Professor of Law at Manipal
Supreme Court: In an interesting case where the Division Bench of Sanjay Kishan Kaul* and M.M. Sundresh, JJ., was to answer whether