Breach u/s 25-G & 25-H of the Industrial Disputes Act 1947 would not arise if worker has voluntarily abandoned the service

Posted on February 18, 2016February 21, 2018 by Team asklabour

All India Institute of Medical Sciences v. Jitender Kumar Name of the Case: All India Institute of Medical Sciences v. Jitender Kumar (LPA no. 496 of 2013) Judge & Court: Honorable Mr. Justice Pradeep Nandrajog Honorable Ms. Justice Pratibha Rani in the High Court of Delhi Date of reservation: 4th March 2015 Date of judgment: 17th March 2015 Name of the Parties: All India Institute of Medical Sciences (Appellant) Jitender Kumar (Respondent) Prior history of…

Bombay Shops and Establishments Act, 1948

Posted on February 18, 2016 by Team asklabour

Chapter: PreliminarySection 1: Short title extent and operation (1) This Act may be called the Bombay Shops and Establishments Act 1948. [(2) It extends to the whole of the State of Maharashtra] (3) It shall in the first instance come into force in the local areas specified in Schedule I: [Provided that, on the commencement of the Bombay Shops and Establishments (Extension and Amendment) Act, 1960, Mah.XXVI of 1961, all the provisions of this Act…

Benefits to Contract workers vis-à-vis Permanent Workers

Posted on February 17, 2016April 26, 2016 by Team asklabour

The Hon’ble Madras High Court in the matter of Airport Authority of India vs. Authority under Contract Labour (R & L Central Rules), Writ Petition No.8591 of 2002, decided on 14.06.2011; held that where the workmen employed by a Contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment the wage rates, holidays, hours of work and other condition of service of the contractor,…

Bank Unions Join All India Strike

Posted on February 17, 2016 by Team asklabour

“The neo-liberal economic policies are aggravating the problems of the workers and common masses “− CH Venkatachalam, General Secretary, All-India Bank Employees’ Association Major central trade unions (CTU) across India and across sectors are going on strike on 2nd September and the bank unions are to join the call says the General Secretary, All-India Bank Employees’ Association CH Venkatachalam. The strike, declared in earlier in the year was primarily against the governments proposed labour policies…

Background Checks and Employment Laws in India

Posted on February 17, 2016April 26, 2016 by Team asklabour

In today’s highly competitive business environment it is necessary to verify the antecedents of the employees in order to protect confidential information as well as maintain integrity of the organization. Certain instances have been noticed in the recent past, where employees have sought employment on the basis of fake educational qualifications or salary certificates. Even experience certificates are known to have been doctored. In a recent incident, one employee questioned the right of his…

Safety First – The Importance of Labour Law Audits

Posted on February 11, 2016April 26, 2016 by Team asklabour

The Labour law audits are integral in today’s industrial world, for the proper functioning of and safety for employees within an establishment in line with the principles laid down by labour laws in India. As labour laws stand today, with several amendments being proposed, the powers of the inspector are yet unregulated and ‘Inspector Raj’ continues to dictate what the CEO of a corporation big or small should do. For example : failure to inform…

Attacking a Manager outside office amounts severe misconduct.

Posted on February 11, 2016April 22, 2016 by Team asklabour

Industrial violence in India has become both common place and rampant in today’s industrial environment. Assaults and acts of industrial violence in India are no longer a rarity. Until recently the newspapers were awash with terrifying instances of senior managers of MNCs being beaten to death, burnt alive in their cars, having their arms chopped off etc. The violence that raged through Maruti’s Manesar plant leaving a General Manager dead and about 100 people beaten…

Attachment of Gratuity under Gratuity law

Posted on February 11, 2016April 22, 2016 by Team asklabour

Gratuity law in India ensures the protection of gratuity payable to an employee. Section 13 of the Payment of Gratuity Act provides this express protection. It provides that no gratuity payable under the Act shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court. Therefore, even where a court orders attachment of properties of a worker, yet Section 13 expressly prohibits attachment of gratuity amounts payable….

Is salary payable on a ‘Bandh’ day ?

Posted on February 11, 2016April 22, 2016 by Team asklabour

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,…

Is employer bound to give preference or provide employment to apprentice after their apprenticeship?

Posted on February 11, 2016April 22, 2016 by Team asklabour

No, as per labour laws in India, an employer is not required to give preference or bound to provide employment to apprentice after he completes his apprenticeship. Apprentices are covered under Indian employment laws. An apprentice is appointed in an establishment under the Apprentices Act 1961. Section 22 of the Apprentices Act of 1961 states that – (1) It shall not be obligatory on the part of the employer to offer employment to an apprentice…

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