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Decisions which at time can be harsh causing hardship to an employee cannot be termed as acts which would amount to abetment to suicide – Delhi HC

Certain decisions which at time can be harsh causing hardship to an employee. The same cannot, in the absence of the requisite mens rea, be termed as an action which would amount to incitement/abetment in terms of Section 306 of the IPC

Copy of judgement attached.

There cannot be any imposition of penalty upon the principal employer under the Employees Compensation Act- Bombay HC

As per Section 12(1) of EC Act , there cannot be any imposition of penalty upon the principal employer.

Copy of judgement attached.

Criminal acquittal cannot revive a dismissed labor dispute, especially when approached after an unreasonable delay – P & H HC

Criminal acquittal cannot revive a dismissed labor dispute, especially when approached after an unreasonable delay

Copy of judgement attached.

The the onus of proving the nature of employment rests on the person claiming to be a “workman” within the definition of section 2(s) of the I.D. Act – Supreme Court

The the onus of proving the nature of employment rests on the person claiming to be a “workman” within the definition of section 2(s) of the I.D. Act

Copy of judgement attached.

Maharashtra notifies 20th November 2024 as a public holiday.

Maharashtra notifies 20th November 2024 as a public holiday under Representation of People’s Act for Vidhan Sabha Elections.

Industrial Court has no jurisdiction to decide Complaint of unfair labour practices filed under the MRTU & PULP Act)when existence of employer relationship is under dispute. Bom HC

Industrial Court has no jurisdiction to decide Complaint of unfair labour practices filed under the MRTU & PULP Act)when existence of employer relationship is under dispute

Bombay HC

Once a workman claims continuous employment, the burden of proof shifts to the employer to disprove the claim with documentary evidence.MP HC

Once a workman claims continuous employment, the burden of proof shifts to the employer to disprove the claim with documentary evidence.

Copy of judgement attached

Non Compete clause in Master Supply Agreement not be valid post-termination of the agreement – Bombay High Court

Though a non-compete clause can operate validly during the term of the agreement, but it would not be valid post-termination of the agreement as it would result in restraint of trade prohibited by Section 27 of the Indian Contract Act, 1872.

Copy of judgement attached

Contract labourers are entitled to an opportunity of being heard before finalizing the Contract – Karnataka High court

Contract labourers are entitled to an opportunity of being heard before finalizing the Contract.

Copy of judgement attached.

NHRC takes suo motu cognizance of the reported death of a chartered accountant girl in Pune due to excessive workload in her company

A press release issued by the National Human Rights Commission if India has stated that it has taken Suo Motu cognisance of the reported death of a CA due to excessive workload.

The Press Release can be viewed with Click Button.