Gratuity can be Withheld Post Superannuation if Guilty of Misconduct

Posted on May 31, 2020June 10, 2020 by Team asklabour

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…

COVID-19 and Legal Advisory

Posted on April 10, 2020April 11, 2020 by Team asklabour

Consolidated advisory on legal issues arising out of COVID-19 pandemic in India by Abhay Nevagi and Associates For visiting Blog click here

FAQs on working on Election Day

Posted on October 17, 2019October 17, 2019 by Team asklabour

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…

PMC Bank Fraud: Should RBI be Held Responsible?

Posted on October 16, 2019October 16, 2019 by Team asklabour

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…

CURRENT STATUS OF CODE ON WAGES, 2019

Posted on October 14, 2019October 14, 2019 by Team asklabour

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,…

EDUCATION AMOUNTS TO PUBLIC FUNCTION – HENCE WRIT MAINTAINABLE AGAINST PRIVATE SCHOOL

Posted on June 10, 2019June 10, 2019 by Team asklabour

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…

Whether ‘SPECIAL ALLOWANCES’ are a part of Basic Wages?

Posted on March 4, 2019April 16, 2019 by Team asklabour

…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…

NO GRATUITY CLAIM FOR TEACHERS – JUDGEMENT PER INCURIUM!!!

Posted on January 10, 2019 by Team asklabour

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…

APPREHENSION OF FUTURE AILMENT – NOT A VALID GROUND TO REFUSE EMPLOYMENT

Posted on November 20, 2018 by Team asklabour

CASE Union of India and Ors. vs. Nenavath Suresh (31.08.2018 – HYHC): MANU/AP/0425/2018 RATIO Mere apprehension about future medical complications cannot be a ground for regarding a candidate as unfit for present employment. BREIF FACTS OF THE CASE The respondent applied for the position of Work Assistant in the Department of Atomic Energy, Government of India; He was appointed in ad hoc service to a position of Work Assistant which was reserved to Scheduled Tribes;…

YET ANOTHER WHIP – FOR A REASONED ORDER

Posted on November 20, 2018November 20, 2018 by Team asklabour

CASE Central Board of Trustees vs Indore Composite Pvt. Ltd. – {2018 (8) SCC 443} RATIO In case of the absence of any application of judicial mind to the factual and legal controversy involved and without there being any discussion, appreciation, reasoning and categorical findings on the issue, a writ petition does not deserve to be upheld or reversed. BREIF FACTS OF THE CASE Appellant issued summons u/s 7A of the Employees Provident Fund and…

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