NALSAR-ADVANCED DIPLOMA IN LABOUR LAWS AND EMPLOYEE MANAGEMENT’s Post

Bombay High Court upholds Cadbury's termination decision for not being 'employee' under MRTU and PULP Act Read More Here- https://lnkd.in/euE9PpKB #BombayHighCourt #cadbury #employee #industrialdispute #JusticeSandeepVMarne #workman #writpetition #scconline #SCC #legalnews #scconlineblog #legalknowledge #scctimes #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews

#LegalUpdate | Aekom Legal The Himachal Pradesh High Court in the case of Reckitt Benckiser vs. State of Himachal Pradesh, ruled that employee consent is not mandatory under Section 25FF of the Industrial Disputes Act for employment transfers, provided the service conditions remain uninterrupted and favorable. The judgment clarifies the responsibilities of authorities and companies, ensuring smoother transfers of undertakings. Kalpit Khandelwal #Aekomlegal #IndustrialDisputesAct #EmployeeTransfer #LegalUpdate #Section25FF #LaborLaw #WorkplaceRights #BusinessTransfer #SlumpSale

When misconduct, especially theft, is established, Labour Courts should not reduce punishment under Section 11-A of the Industrial Disputes Act based solely on sympathy. 2024 LLR WEB 335 (KARNATAKA HIGH COURT) INDUSTRIAL DISPUTES ACT, 1947 - Petition by The Taj West End Hotel challenging the Labour Court's decision to reinstate K. Venkatesh, dismissed for theft and misappropriation... subscribe to read more..... #misconduct #labourcourt #industrialcourt #courts #law #hotels #misappropriation #industrialdispute #labourcodes #hr #humanresource #hrmanager #humanrights #hrupdate #labourlawupdates #labourlawsinindia #hire #hiring #recruitment #india #asia #labourlawreporter #reinstatement

BOMBAY HIGH COURT: Notice under section 9-A of Industrial Disputes Act imperative on reduction of salary. SUPREME COURT OF INDIA: Dismissal for slapping a colleague is shockingly disproportionate punishment. UTTARAKHAND HIGH COURT: An employer cannot unilaterally demote an employee without reasons. TRIPURA HIGH COURT: Employer-employee relationship is established when the employee had the authority to represent the employer. BOMBAY HIGH COURT: Dismissal of security person is not disproportionate when guilty of shouting and spoiling the discipline. PUNJAB AND HARYANA HIGH COURT: A married sister is not dependent to the claim accident compensation. PUNJAB AND HARYANA HIGH COURT: Worker engaged merely for two three days not coverable under ESI.

Legal Update: Bombay High Court Ruling on Workmen Classification The Hon’ble High Court of Bombay delivered a notable judgment in Godrej and Boyce Manufacturing Co. Ltd. v. Shivkranti Kamgar Sanghatana (Writ Petition No. 6446 of 2021), addressing the classification of employees as workmen under the Industrial Disputes Act, 1947 (IDA). Case Highlights: - Petitioner: Godrej and Boyce Manufacturing Company Ltd. - Respondent: Shivkranti Kamgar Sanghatana - Date of Order: 28th March 2024 - Bench: Justice Amit Borkar The Industrial Tribunal had classified 20 employees as workmen, a decision challenged by the petitioner. The High Court upheld this classification, emphasizing that the actual duties performed by employees determine their workmen status, not their job titles or additional responsibilities. Key Points: - Legal Provisions: Articles 226 and 227 of the Constitution, Section 2(s) of the IDA - Court Findings: The duties of the employees were manual, skilled, and unskilled work, not managerial or supervisory. Full Judgment: https://lnkd.in/gqYGJsYG This ruling underscores the importance of evaluating the actual job roles of employees to ensure proper classification under labor laws. #LegalUpdate #BombayHighCourt #IndustrialDisputesAct #LaborLaw #EmploymentLaw #GodrejAndBoyce #WorkmenClassification

Preliminary Enquiry: An initial step in Assessing the Worth of proceeding with disciplinary action A preliminary Enquiry is a crucial step to determine whether there is enough substance to proceed with issuing a charge sheet for alleged misconduct. This informal investigation helps the employer decide if formal disciplinary action is justified. Although not legally mandatory under Indian labour laws, conducting a preliminary inquiry ensures that the charge is based on credible facts and not mere suspicion. The primary purpose of the preliminary inquiry is to assess whether further proceedings are warranted, preventing unwarranted charges and safeguarding against potential legal challenges. It reinforces procedural fairness, ensuring that any subsequent domestic enquiry is initiated on solid grounds. By verifying facts at this stage, employers reduce the risk of claims of bias or arbitrariness later in the process. Nagarajamahishi              www.phrmc.in      M: 9900485019 #LaborLaw #WorkplaceDiscipline #EmployeeRights #DomesticEnquiry #PreliminaryInquiry #IndustrialRelations #HRCompliance #WorkplaceJustice #LegalInsights #FairProcess

The Industrial Disputes Act, of 1947 establishes a framework for the recognition of protected workmen to promote and safeguard union activities, it simultaneously indirectly imposes strict eligibility criteria that disqualify individuals undergoing disciplinary action for serious misconduct. The case of M/s. Armstrong Design And Acmite India Manufacturing Private Limited reinforces this principle, clarifying that the protections afforded to union representatives must be reserved for those who maintain ethical standards in their conduct. Consequently, a union's request for protected workman status for an employee facing such disciplinary action would be untenable under the current legal framework. #LabourLaw #GratuityAct #EmploymentLaw #KarnatakaHighCourt #LegalInsights #WorkplaceEthics #EmployeeWellbeing #MentalHealthMatters #HR #IR #BeGreat #LearnwithShekhar #Shekharganagaluru #HR #Labourlaws #BeGreatPoll #IDAct

Sleeping on Duty: Misconduct, But Not Grave Enough for Dismissal?   An interesting ruling by the Bombay High Court ("Court") addressed whether sleeping on the job warrants the penalty of dismissal. A worker dismissed for dozing off at work in 2007, was granted relief when the Court ruled that while sleeping on duty constitutes misconduct, dismissal was a disproportionate punishment considering worker's clean past record and non-critical role.   The Court also set aside the Industrial Court’s order for reinstatement with back wages at another plant located in a different state. Worker showed no interest in joining, as the plant where he was originally employed had closed in 2013. Considering this, the court awarded INR 22,00,000 in compensation.   This decision emphasizes the importance of proportionality in workplace discipline, highlighting that even when misconduct is proven, factors such as past service records and the proportionality of punishment must guide the outcome. Link to the Judgement: https://lnkd.in/gH9Yd8PY Pioneer Legal #employmentlaw #labourlaw #HR #businesslaw

Violent Strike Justifies Immediate Termination Without any Enquiry: Bombay High Court. Honorable Bombay High Court: A Single Judge Bench Honorable Justice Sandeep V. Marne upheld Advani Oerlikon Ltd.'s decision to terminate workers who participated in illegal strikes and violent protests without conducting a prior enquiry. The Honorable Court ruled that where the employee misconduct clearly jeopardizes workplace safety, as evidenced by acts of obstruction, intimidation, and assault, employers can justify termination retrospectively in court proceedings. The Honorable Court affirmed that pre-termination enquiry is not mandatory when workplace circumstances make it impractical or impossible. Maruti Krishana Naik and Others vs. M/s. Advani Oerlikon Ltd. and others. Pronounced on 22/10/2024 #hrcommunity #hrmanagers #work #hrd #hrgeneralist #hrprofessionals #hr #hrm #hrleaders #hrmanagement #leadership #humanresources #humancapital #culture #hrbusinesspartner #careers #business #productivity #management #economy #transformation #employeeexperience #industrialRelations #society #Success #vishalkhedekar #future #futureofwork #remotework #entrepreneur #growth #india #collaboration #peopleandculture #leader #organisationaldevelopment

Existence of Employer-Employee Relationship Must Be Indisputable in MRTU & PULP Act Proceedings: Bombay HC Ruling The Bombay High Court recently emphasized that in cases under the MRTU & PULP Act, establishing a clear employer-employee relationship is essential for fair proceedings. This ruling could significantly impact labor law cases, highlighting the importance of undisputable proof of this relationship. Read more on this pivotal decision: https://lnkd.in/gYJpnS_h #LaborLaw #BombayHighCourt #EmployerEmployee #MRTUPULP #LegalUpdate #EmploymentLaw Shiju Pv K P Sreejith Vinod P Veettil Shrishail Kittad Adv Nidhi Singh Abdullah Qureshi Shyam Mohite Ashwin R Anneppanavar Suresh Palav Aaushi Shah Doshi G.P. Yash Vardhan Pranava Charan Tannya Baranwal Nim Dem Dorjee Rahul Sundaram