Hb-56Tg_hMiu_H65-t – Page 3

RETROSPECTIVE RECOVERY POST-RETIREMENT/ SUPERANNUATION BAD IN LAW

Posted on June 14, 2018 by Hb-56Tg_hMiu_H65-t

Petitioner: Grace George Pampoorickal Respondents: Municipal Corporation of Gr. Mumbai and Ors. Court: Bombay High Court Date of Order: 20.04.2018 Citation: WP No. 1010 of 2015 FACTS OF THE CASE: In the present matter, the Petitioner was appointed as an Assistant Trained Teacher by the Municipal Corporation in Mumbai in the year 1970. In February 2010 when the Petitioner reached the age of Superannuation, her last drawn salary amounted to Rs. 9200/- (INR). Thereafter…

MATERNITY BENEFITS UNDER THE EMPLOYEES’ STATE INSURANCE ACT, 1948 AND THE MATERNITY BENEFIT ACT 1961

Posted on June 14, 2018June 14, 2018 by Hb-56Tg_hMiu_H65-t

Who is entitled to Maternity Benefit under the Maternity Benefit Act 1961? Every pregnant woman shall be entitled to, and her employer shall be liable for the payment of maternity benefit at the rate of the average daily wage for the period immediately preceding the day of her delivery, the day of her delivery and any period immediately following that. For claiming maternity benefit though, the woman must have worked for 80 days or more…

MERE FILING OF AN APPEAL SHALL NOT RESULT IN TERMINATION

Posted on May 8, 2018 by Hb-56Tg_hMiu_H65-t

Petitioner: Unnamed Court: Bombay High Court Respondents: Headmistress, Noorul Islam Primary School & Ors. Date of Order: 23.04.2018 Citation: Writ Petition No. 13708 of 2017 Facts The Petitioner in this case was a teacher in a primary school. At the initiative of Respondents No. 1 and 2, the service of the Petitioner was terminated claiming that she had indulged in an extra-marital affair. Aggrieved by this decision of the Respondents, the Petitioner approached the…

REINSTATEMENT WITH FULL BACK WAGES NOT TO BE A MECHANICAL PROCEDURE

Posted on April 11, 2018 by Hb-56Tg_hMiu_H65-t

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.[1] In the order dated 28.11.2017, the court reasoned that same by considering daily wage workers, who…

EXTENSION OF EMPLOYMENT CONTRACT – NOT A MATTER OF RIGHT

Posted on April 11, 2018 by Hb-56Tg_hMiu_H65-t

The Calcutta High Court was confronted with an important question as to whether ‘extension of an employment contract can be asked as a matter of right’? The Calcutta High Court in this regard has upheld the cardinal principle of service jurisprudence, “an employee holding a post, be it contractual or tenure has no right to ask for automatic extension unless nothing repugnant appears from the letter of appointment”. The above-mentioned contention came before the High…

OUTSOURCING – to be or not to be??

Posted on April 11, 2018May 8, 2018 by Hb-56Tg_hMiu_H65-t

“Labour disgraces no man; Unfortunately, you occasionally find men who disgrace labour” Conflicts between employers and employees have perennially existed in our industry. To curb exploitation of labour by employers, the Indian legislators had come out with various statutory hurdles. To counter such statutory obstacles imposed by the Legislature, attempts had also been made to drift from permanency of labour to rightsizing and affinity for outsourced labour. Earlier outsourced labour were hired only for peripheral…

TELECOM SERVICES BEYOND STATE’S CONTROL – THE MISNOMER

Posted on April 11, 2018May 8, 2018 by Hb-56Tg_hMiu_H65-t

The question before the Karnataka High Court in the matter of Bharti Airtel Ltd. vs. The Senior Labour Inspector was whether the State Government or its authorities have the jurisdiction to initiate prosecution against a telecom Company for non-compliance under the Minimum Wages Act, 1961. With regard to this intricate question of law, the Karnataka High Court held that Telecom Company’s do not carry on business on behalf of the Government of India; also, the…

How to Manage Industrial Violence Effectively

Posted on February 21, 2018February 21, 2018 by Hb-56Tg_hMiu_H65-t

Industrial Violence is not new to the industrial scenario in India. In the 1980s violence was very common and Kerala and West Bengal were known for violent agitations by workers. The Left Governments kept supporting violence and decline of Industrial relations in India under the guise of supporting labour movements. However, the Judiciary was pro workers and the procedure for closure/lay offs was difficult, therefore even in impossible business environments closure of factory or lay…

Taking the Leverage of Law

Posted on February 21, 2018February 21, 2018 by Hb-56Tg_hMiu_H65-t

Introduction “There appear to be three preliminary objections which have become quite the fashion to be raised by all employers, particularly public sector corporations whenever an industrial dispute is referred to a tribunal for adjudication. One objection is that there is no industry, a second that there is no industrial dispute and the third that the workman is no workman”. This in an extract from the judgement of the Supreme Court in the matter of…

Improvised Safety & Security Measures of Women Employees

Posted on June 14, 2017 by Hb-56Tg_hMiu_H65-t

In the wake of brutal and inhuman cases like Nirbhaya, Nayana Pujari, to name a few, the first and foremost question that comes to mind is “THE FOOLPROOF SECURITY OF EMPLOYEES, ESPECIALLY WOMEN” A lot has been spoken, discussed and deliberated. But the question is “What really can assure a failsafe security?” The following basic and common sense guidelines could be of much help to the companies regarding the same question. APPOINTING A DEDICATED DIRECTOR:…

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