Industrial Disputes Act
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A quick legal roundup to cover important stories from all High Courts this week.
Disputes relating to non-payment of wages & termination order within Industrial Tribunal’s jurisdiction; SC quashes arbitrator’s appointment
“Jurisdiction of the Industrial Court is also to the exclusion of the civil courts and is not arbitrable.”
Who is a “Workman”? Supreme Court clarifies the definition in Industrial Disputes context
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.
‘Shocking and Astounding order’; Bombay HC quashes CGIT’s order reinstating employee who slapped supervisor
The Court found it shocking that the CGIT did not find the act of an employee slapping his supervisor without provocation to be serious, and such misconduct ought to be visited with penalty of termination.
Arbitration as a Method of Adjudication of Industrial Disputes: An Analysis
by Amrut Anil Joshi† and Anand Ratnakar Pai††
Glenmark Pharmaceuticals Limited v. State of Tripura: A case comment
by Dormaan Jamshid Dalal* and Varun Rajiv Joshi**
If Labour Court orders reinstatement and employer challenges the said order, is workman entitled to payment of full wages during pendency of challenge by employer? Del HC explains in consonance of Industrial Disputes Act
Delhi High Court: The Division Bench of Rajiv Shakdher and Talwant Singh, JJ., decided a matter with regard to payment of full
How is compensation for termination of services to be assessed in absence of applicability of special statute? Court decides in a case of termination of Law Officer’s services
Saket Courts, New Delhi: Naresh Kumar Laka, Additional District Judge – 03 decided a matter wherein an employee claimed full back wages
Bom HC | Will strict rules of pleadings as applicable for suits filed under CPC be applicable under Industrial Disputes Act as well? HC elaborates
Bombay High Court: Anil S. Kilor, J., reiterated that the strict rule of pleadings as applicable to civil suits is not applicable under
Del HC | If a petition involving industrial dispute has no ‘exceptional circumstances ‘ but does have statutory remedy available, can it still be entertained by Court? HC discusses SC’s principles
Delhi High Court: J.R. Midha, J., while addressing the present petition observed the principle laid down by the Supreme Court of India with
No contempt action against FCI: To establish ‘civil contempt’, disobedience of order should be wilful, deliberate & with full knowledge of consequences
Supreme Court: A Division Bench of A.M. Khanwilkar and Dinesh Maheshwari, JJ., while addressing a contempt petition held that, “…to constitute civil contempt,
SL SC | Termination of employee justified where he did not act with full honesty; Court allows appeal by employer
Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Sisira J. de Abrew, Murdu N.B. Fernando and
Central Government : “Services” engaged in “Banking Industry” with the status of “Public Utility Service” be extended with the same for a period of 6 months
S.O. 1614(E) — Whereas the Central Government is satisfied that public interest so requires that the services engaged in the Banking industry,
HP HC | Limitation of appeal to be kept in view while moulding the relief
Himachal Pradesh High Court: A Division Bench of Surya Kant, C.J. and Sandeep Sharma, J. dismissed a letters patent appeal finding no
Retrenched worker can’t claim preference over regularised employee for re-employment under Section 25(H) of ID Act
Supreme Court: In the matter where an illegally terminated workman had sought reinstatement claiming preference over other persons being a “retrenched workman”
Existence of an ‘employer-employee’ relationship is a sine qua non for protection under Section 33 of Industrial Disputes Act, 1947
Bombay High Court: A Single Judge Bench comprising of S.C. Gupte, J. allowed a writ petition filed by ‘IDBI Bank Ltd.’ and