…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
REINSTATEMENT WITH FULL BACK WAGES NOT TO BE A MECHANICAL PROCEDURE
In cases relating to termination of labour, where such termination is evidently illegal, awarding of reinstatement with full back wages by Courts should not be a merely mechanical exercise and the same shall be done considering the circumstances of the case. The same was held by the Supreme Court in District Development Officer & Anr. vs. Satish Kantilal Amrelia. In the order dated 28.11.2017, the court reasoned that same by considering daily wage workers, who…Read More
Is salary payable on a ‘Bandh’ day ?
Despite the Supreme Court placing a ban on Bandhs, incidents of Bandhs in India are far too common. The question therefore is; when Bandh is declared by political parties, yet the employees are willing to work or report to work, is the management required to pay them wages if they are not provided with work. During the period of agitation , entire operations are paralysed and work comes to a grinding halt. Under such circumstances,…Read More