Labour and Industrial Dispute Lawyer

Amendment in the Gratuity Act increasing the rate of Gratuity to Ten Lakhs under Sec 4(3) is not retrospective: SC

By team of Advocate Retainer August 17, 2021 - 09:00

Amendment in the Gratuity Act increasing the rate of Gratuity to Ten Lakhs under Sec 4(3) is not retrospective: SC

The SC on August 13, 2021 {KRISHNA GOPAL TIWARY & ANR. vs. UNION OF INDIA & ORS.} held that what is exempt from the Income Tax Act is the ...

Posted in No retrospective effect, Retrospective application, Sec 4(3) of Gratuity Act

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“One Nation One Ration Card” to be implemented, not later than 31.07.2021; Supreme Court

By team of Advocate Retainer July 07, 2021 - 11:00

“One Nation One Ration Card” to be implemented, not later than 31.07.2021; Supreme Court

The SC on June 29, 2021 {Bandhua Mukti Morcha vs. Union of India & Ors.} directed that the Central Government to develop the Portal in consult...

Posted in Covid-19, Distribution of Dry Ration, Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service)Act, One Nation One Ration Card, Registration of Migrant Workers, Running of Community Kitchens

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Workmen Compensation Act: Owner cannot wash his hands off in case of non-renewal of licence by the driver for three years, SC

By team of Advocate Retainer September 24, 2020 - 09:00

Workmen Compensation Act: Owner cannot wash his hands off in case of non-renewal of licence by the driver for three years, SC

The SC on September 23, 2020 {BELI RAM vs RAJINDER KUMAR & ANR.} held that the driving licence having expired led to the natural finding that ...

Posted in Liability of Owner, Non-renewal of Driving Licence, Renewal of driving licence within 30 days after expiration, Workmen’s Compensation Act

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[Covid:19]: 'No Work No Wages' not applicable, Bombay HC directs payment of full wages

By team of Advocate Retainer May 17, 2020 - 02:10

[Covid:19]: 'No Work No Wages' not applicable, Bombay HC directs payment of full wages

The Bombay High Court on 12 May, 2020 {RASHTRIYA SHRAMIK AGHADI v. STATE OF MAHARASHTRA AND OTHERS} held that the District Collector, Osmanabad sh...

Posted in Covid-19, Non-payment, Salaries & Wages

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Gratuity: Employee cannot seek synthesis of Gratuity Act & Employer's Scheme in Claim - Ceiling limit U/s 4(3) of ten lakh rupees was applicable; SC

By team of Advocate Retainer April 29, 2020 - 10:00

Gratuity: Employee cannot seek synthesis of Gratuity Act & Employer's Scheme in Claim - Ceiling limit U/s 4(3) of ten lakh rupees was applicable; SC

The SC on April 29, 2020 {BCH ELECTRIC LIMITED v. PRADEEP MEHRA} held that the appellant was right in going by the provisions of the Act in the pr...

Posted in Calculation of Gratuity, Employer Scheme, Payment of Gratuity Act, Section 2(e), Section 4, Section 4(3)

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Theory of notional extension is applicable to death of driver on journey, who died during bathing in canal, and is entitled for compensation under Workmen Compensation Act; SC.

By team of Advocate Retainer March 23, 2020 - 10:30

Theory of notional extension is applicable to death of driver on journey, who died during bathing in canal, and is entitled for compensation under Workmen Compensation Act; SC.

Supreme Court of India Justice Navin Sinha & Justice Ashok Bhushan The SC {POONAM DEVI AND OTHERS v. ORIENTAL INSURANCE CO. LTD. } holds that t...

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An amendment enhancing the compensation for workers in case of death is prospective; SC.

By team of Advocate Retainer February 14, 2020 - 03:30

An amendment enhancing the compensation for workers in case of death is prospective; SC.

Supreme Court of India Justice D Y Chandrachud and Justice Ajay Rastogi The SC { K Sivaraman & Ors v. P Sathishkumar & Anr} holds that, in...

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Labour Lawyer: Employee definition in EPF Act is wider than ID Act - finding in ID Act qua employer and employee relationship is not binding, upon the said determination in EPF Act; SC.

By team of Advocate Retainer August 16, 2019 - 11:00

Labour Lawyer: Employee definition in EPF Act is wider than ID Act - finding in ID Act qua employer and employee relationship is not binding, upon the said determination in EPF Act; SC.

Supreme Court of India Justice Abhay Manohar Sapre and Justice R. Subhash Reddy The HC set aside the judgment of tribunal and of appropriate autho...

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Labour Lawyer: The SC holds that the off-site worker is also covered by the EPF act.

By team of Advocate Retainer July 24, 2019 - 14:00

Labour Lawyer: The SC holds that the off-site worker is also covered by the EPF act.

Supreme Court of India Justice Indu Malhotra and Justice Abhay Manohar Sapre The SC {The Officer in-charge Sub Regional Provident Fund Office and a...

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Labour and Industrial lawyer: The competant authority under Minimum Wages Act 1948, cannot decide the issues, which are beyond the mandate of the Act; SC.

By team of Advocate Retainer July 06, 2019 - 06:08

Labour and Industrial lawyer: The competant authority under Minimum Wages Act 1948, cannot decide the issues, which are beyond the mandate of the Act; SC.

Supreme Court of India Justice Ajay Rastogi and Justice A M Khanwilkar The Supreme Court {Steel Authority of India Limited and another versus Jaggu...

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Labour and Industrial Dispute Lawyer: Trainees who are employed without payment of any reward cannot be termed as Workman for the purpose of Industrial Dispute Act.

By team of Advocate Retainer June 08, 2019 - 00:00

Labour and Industrial Dispute Lawyer: Trainees who are employed without payment of any reward cannot be termed as Workman for the purpose of Industrial Dispute Act.

Supreme Court of India Justice L Nageswara Rao The Supreme Court of India had partly Quashed the government notification which had given certain be...

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Labour and industrial dispute lawyer: the labour Court cannot travel beyond the terms of reference made by the government; SC.

By team of Advocate Retainer June 03, 2019 - 04:50

Labour and industrial dispute lawyer: the labour Court cannot travel beyond the terms of reference made by the government; SC.

Supreme Court of India Justice R Subhash Reddy In the case titled as "Globe Group India Employees Union Versus Lufthansa German Airlines and anothe...

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