nature of employment Archives

‘Nature of Employment to be judged on the basis of duties performed, not Employer’s Letter’; Calcutta High Court directs reinstatement

“Where the job continues without even any performance appraisal or periodical renewal, and the person engaged in the same would be termed as a “trainee”, as it is in the present case, the same would be considered as unfair labour practice.”

Case Briefs High Courts

‘Nature of employment will not decide maternity benefits’: Delhi HC grants maternity benefits to contractual employee whose contract ended during pregnancy

“Mere creation of the welfare legislation is not enough. A duty is cast upon the State and the subjects of the Act, to uphold the integrity, objective and the provisions of the legislation in its true letter and spirit.”

Case Briefs High Courts

Contractual female employees cannot be denied maternity benefits solely due to nature of employment; Delhi HC directs DSLSA to grant maternity benefit to its advocate

“ It is ironic that the petitioner being appointed with the Juvenile Justice Board, is hired to protect the interest and welfare of the children who may be suffering at the hands of criminal justice system, however, is not able to secure the benefits that are necessary for the best interest and welfare of her own child.”