Employer Archives | Page 2 of 3

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*

Op Eds OP. ED.

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**

Case Briefs Foreign Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

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SCC Times

Employer

Jhar HC | Employees of Telco Recreation Club cannot claim parity in pay with employees of Telco Ltd.; HC quashes Labour Court’s order

[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

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

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

CAT | Employer is entitled to withhold payment of gratuity even after the employee had attained his superannuation; Tribunal reiterates legal position

Chh HC | Appeal under S. 30 of Employees’ Compensation Act, 1923 is to be entertained only on a question of law

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

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

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

Is a company providing expert services an employer under EPF Act if the wages are paid from contractual money received from clients? SC answers

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

Decoding the Industrial Relations Code, 2020

Levy of Liquidated Damages by one party to a contract: When arbitrable? Comments in light of SC Judgment of Mitra Guha v. ONGC

SL SC | Preliminary objection overruled, no provision requiring the filing of objections in an appeal; Court allows appeal

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

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

Sikk HC | Whether a private function comes within ambit of broad interpretation of “workplace” in POSH Act?: HC to determine

No employing Higher Educational Institutions shall retain any teacher’s original academic certificates: UGC

ESIC officials shall not ask records beyond period of 5 years from employer to determine contributions — Clarification

Canada SC | Obligation to inspect the safety of workplace is limited to the parts which are controlled by the employer