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One-sided, forfeiture clauses in builder-buyer agreements are “unfair trade practices” – Supreme court

One-sided, forfeiture clauses in builder-buyer agreements are “unfair trade practices.

Copy of judgement attached

Advocate cannot represent a workman in an enquiry where the Management Representative is not a legally trained person – Bombay HC

Advocate cannot represent a workman in an enquiry where the Management Representative is not a legally trained person.

Copy of judgement attached

Writ Petition not maintainable against NBFC, Private Bank – Supreme Court

An entity being subject to regulatory guidelines under a statute does not automatically make it subject to Writ Jurisdiction.

Copy of judgement attached.

Supreme Court directs Government to consider the enactment of a law to protect the rights of domestic workers

The SC have the following directions:-

“As regard to the larger issue of the protection of rights of domestic workers,we direct the Ministry of Labour and Employment in tandem with the Ministry of Social Justice and Empowerment, the Ministry of Women and Child Development, and the Ministry of Law and Justice, to jointly constitute a Committee comprising subject experts to consider the desirability of recommending a legal framework for the benefit, protection and regulation of the rights of domestic workers.”

Copy of judgement attached.

Allegation of forced resignation is a civil dispute and not criminal intimidation.

Allegation of forced resignation is a civil dispute and not criminal intimidation.

Judgement Attached

Acquittal in a criminal case does not exonerate the person in disciplinary proceedings – Supreme Court

Acquittal in a criminal case does not exonerate the person in disciplinary proceedings.

Copy of judgement attached

No refund of court fees when matter is settled by Mediation – Supreme court

No refund of court fees when matter is settled by Mediation. Refund permissible only if settlement is before Lok Adalat.

Copy of judgement attached.

Burden of establishing that an employer is an ‘industry’ is on the employee – Delhi HC

Burden of establishing that an employer is an ‘industry’ is on the employee

Copy of judgement attached

Employers are liable to pay interest at 10% if they delay payment of gratuity – Jharkhand HC

Employers are liable to pay interest at 10% rate if they delay in payment of gratuity.

Copy of judgement attached.

The law does not provide for payment of gratuity in installments – Kerala High Court

The law does not provide for payment of gratuity in installments as the purpose of gratuity is to serve as a retirement or terminal benefit ensuring immediate financial support to the employee or their dependents, as the case may be. It provides financial protection during the autumn years of a retired employee’s life.

Copy of judgement attached