Debi Mishra, an Employee of Cognizant working in California had filed a lawsuit on 25th August 2017, Debi Mishra v. Cognizant Technology Solutions U.S. Corporation before the United States District Court Eastern District of California alleging that Cognizant had underpaid its employees against overtime. According to the employees, they were a part of the quality engineering & assurance (QE&A) team. In 2012, the employees of the team received Letters from Cognizant stating that they would…Read More
Author: Team asklabour
Gratuity can be Withheld Post Superannuation if Guilty of Misconduct
Hon’ble Supreme Court in the matter of Chairman cum Managing Director, Mahanadi Coal Fields vs Sri Rabindranath Choubey Civil Appeal No. 9693 of 2013 dealt with two important legal issues as under: Whether employer can withhold payment of gratuity of an employee after superannuation in view of pending disciplinary proceedings; and Whether punishment of dismissal can be imposed on an employee after superannuation if found guilty of misconduct in the said disciplinary proceedings. With regard…Read More
COVID-19 and Legal Advisory
Consolidated advisory on legal issues arising out of COVID-19 pandemic in India by Abhay Nevagi and Associates For visiting Blog click hereRead More
FAQs on working on Election Day
The note is made in the context of the Maharashtra Legislative Assembly Elections, 2019 which is to be held on 21/10/2019. The note is to clarify whether there is an obligation on employers to declare a holiday in there establishments on the day of elections i.e. 21/10/2019. The note has been prepared for the limited purpose of answering the General Queries with respect to declaration of Holiday on Election Day. The Circular issued by the…Read More
PMC Bank Fraud: Should RBI be Held Responsible?
ABSTRACT On 24th September, 2019, the Reserve Bank of India imposed strict restrictions on PMC1 after finding certain irregularities in the bank. These irregularities went unnoticed in the inspections conducted by RBI, the Apex bank vested with powers for monitoring the banking system of the country. This raises a subsequent question regarding the responsibility of RBI in such scenarios. The PMC Bank debacle is the latest and yet another proof that the Reserve Bank of…Read More
CURRENT STATUS OF CODE ON WAGES, 2019
Status of the Code on Wages, 2019 The Code on Wages, 2019 was introduced in Lok Sabha by the Minister of Labour, Mr. Santosh Gangwar on July 23, 2019 and passed by Lok Sabha on 30/07/2019 and Rajya Sabha on 02/08/2019. It seeks to regulate wage and bonus payments in all employments where any industry, trade, business, or manufacture is carried out. The Code replaces the following four laws: (i) the Payment of Wages Act,…Read More
EDUCATION AMOUNTS TO PUBLIC FUNCTION – HENCE WRIT MAINTAINABLE AGAINST PRIVATE SCHOOL
INTRODUCTION The Hon’ble Supreme Court of India in the matter of Marwari Balika Vidyalaya vs. Asha Shrivastava and Ors. Civil Appeal No. 9166 of 2013 has held that the Writ of Mandamus was maintainable against a Private Unaided School. FACTS IN BREIF Respondent No. 1 applied for the position of an ‘Assistant Teacher’ at the Appellant organization. In view of the same, an interview was conducted, and Respondent No. 1 was appointed on probation in…Read More
Bosses Can’t Be Punished For Suicide of Overburdened Juniors
On 10.04.2019, a software engineer working with a multi-national I.T. Company committed suicide. News Reports suggest that deceased was forced to take such a step owing to stress and harassment at work. With the rising amount of stress people face in their daily lives apart from the pressure and stress which is derived from their work, some employees who cannot handle such pressure are vulnerable to committing suicide and some even end up their lives…Read More
Whether ‘SPECIAL ALLOWANCES’ are a part of Basic Wages?
…An Insight For the better part of the last decade, the question that was there amongst both Labour Law practitioners and the Central Government Industrial Tribunals all around this Country was based on the specific question of law as to whether ‘allowances’ bearing different nomenclature, paid by any establishment to its employees would necessarily fall within the definition of ‘basic wages’ as provided u/s 2 (b) (ii) r/w sec 6 of the Employees’ Provident Fund…Read More
NO GRATUITY CLAIM FOR TEACHERS – JUDGEMENT PER INCURIUM!!!
In the matter of Birla Institute of Technology vs The State of Jharkhand and Ors., Civil Appeal No. 2530 of 2012, the Apex Court observed that irrespective of the nature of employment, a Teacher shall not be entitled to claim Gratuity under the provisions of the Payment of Gratuity Act, 1972 (‘Act’). FACTS Respondent No. 4 in the said matter, joined the services of the appellant organization in the year 1971 as an Assistant Professor…Read More