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

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…

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

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…

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

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…

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

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

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;…

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YET ANOTHER WHIP – FOR A REASONED ORDER

YET ANOTHER WHIP – FOR A REASONED ORDER

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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EQUAL PAY FOR EQUAL WORK

EQUAL PAY FOR EQUAL WORK

An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities. This was the view laid down by the Supreme Court of India in the matter of State of Punjab and Ors. vs. Jagjit Singh and Ors. The Apex Court observed that India being a Welfare State, it would be nothing but demeaning to deprive any temporary worker here of his/her right to equal pay for…

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MERE FILING OF AN APPEAL SHALL NOT RESULT IN TERMINATION

MERE FILING OF AN APPEAL SHALL NOT RESULT IN TERMINATION

  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…

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OUTSOURCING – to be or not to be??

OUTSOURCING – to be or not to be??

“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…

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TELECOM SERVICES BEYOND STATE’S CONTROL – THE MISNOMER

TELECOM SERVICES BEYOND STATE’S CONTROL – THE MISNOMER

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…

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Taking the Leverage of Law

Taking the Leverage of Law

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…

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