Pages

▼
Showing posts with label employer. Show all posts
Showing posts with label employer. Show all posts
Tuesday, 27 April 2021

Whether an employee should get alternative work and back wages if he acquires a physical disability during his service?

›
 Further, this arbitrary imposition under Clause 11 is in the teeth of the  provisos to Sub Section (4) of Section 20 of the 2016 Act which ...
Sunday, 4 April 2021

Whether nomination made by an employee can be treated as his will and curtail the right of legal heirs to claim a share in his service benefits?

›
  The purpose of taking a nomination by an employer is to relieve itself of  the obligation to pay the benefits, irrespective of the right o...

Is the employer liable to pay interest to the employee if he withholds his leave encashment without specific order?

›
   We, accordingly, allow the petition partially by directing the respondent to pay the petitioner his leave encashment dues along with inte...

Whether the court can declare that a private employee's service continues and is entitled to get all consequential benefits?

›
 9.  Through the present petition the petitioner seeks enforcement of a  contract of service. The law on the issue is no more res integra. S...
Saturday, 12 December 2020

Whether the employer will be liable for defamation of employee if he conducts departmental enquiry against him?

›
 In the present case, the defendant has taken the defence of privilege. The question is whether the charge-sheet issued against the plaintif...
Tuesday, 17 November 2020

Whether an employer can terminate the services of the employee if he acquires a disability during his service?

›
  The proviso to section 47 of The Disabilities Act 1995 referred earlier says that if an employee, after acquiring disability is not suitab...
Sunday, 22 December 2019

Supreme Court: Disciplinary proceedings are not quasi criminal in nature

›
 At the outset, it may be noted that the High Court applied the wrong test in exercising its power of judicial review with reference to ...
Tuesday, 12 November 2019

Whether causing simple hurt can be treated as crime involving moral turpitude for taking disciplinary action against employee??

›
There can be no manner of doubt about certain offences which can straightaway be termed as involving moral turpitude e.g. offences un...

Whether employer can remove employee from service even if he was released on probation of offenders Act?

›
  Yet another reason given by the High Court for interference with the order of discharge is that the criminal court released the Responde...
Sunday, 7 April 2019

Whether employer should advise employees about service rules?

›
The learned Tribunal as well as the High Court granted the relief to respondent No. 4 on the ground that the department ought to have inf...
Saturday, 23 March 2019

Whether departmental enquiry can started against government servant on ground that he has extra marital affairs?

›
Thus, this Court feels that a human dignity attaches to itself also a right of concept of autonomy and also a right to take ones own deci...

Whether higher officer can be held guilty for abetment of suicide if he taking extra work from employee after office hours?

›
 In the context of aforesaid legal positions, this court is of the view that  alleged act of mis-behaviour and taking extra work after t...
Sunday, 17 March 2019

Whether small cause court has jurisdiction to try eviction suit filed by employer by his employee?

›
To appreciate the controversy, it will be useful to state the pleadings of the parties in brief. According to the plaintiffs, the defendan...
Saturday, 9 September 2017

Whether tenant will be evicted from rented premises if his employer has allotted him alternative accommodation?

›
We may now advert to the issue framed under Section 13(1)(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. Section...
Sunday, 16 April 2017

Whether employer has right to recover excess payments from pensionary benefits of employee?

›
In the present case, the declaration of the petitioner that Learned Counsel for the State has relied on is as follows:- “I do hereby a...
Thursday, 15 September 2016

Whether Essentiality of a term in Notice Inviting Tender can be decided by Employer?

›
Yet another problem could be faced by an employer (such as CCL) if the language used in the terms of the NIT or the GTC is not adhered...
Tuesday, 13 September 2016

Procedure to be followed by employer in case of suppression of fact of criminal antecedent by employee

›
We have noticed various decisions and tried to explain and reconcile them as far as possible. In view of aforesaid discussion, we summ...
Sunday, 24 July 2016

Whether employer can continue departmental enquiry against employee even if employee has applied for voluntary retirement?

›
In our considered opinion, the Bank was within its rights to issue a charge-sheet to the appellant on 02.03.2001 because firstly, on 02...
Thursday, 28 April 2016

When relationship of employer employee is not proved?

›
 The position of law as laid down in the above decision that in the absence of employeremployee relationship, the Industrial Court sha...