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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

Personal information of employees like service records, copies of promotion & financial benefits can’t be disclosed under the RTI Act – Delhi HC

Personal information of employees like service records, copies of promotion & financial benefits can’t be disclosed under the RTI Act

Copy of judgement attached

 EPFO circular on utilising Reserves and Surplus for crediting higher interest by exempted establishments.

The EPFO has issued a circular dated 7th October 2024 stating that the balance of undistributed interest on investments should be transferred to the CBT on cancellation or surrender of exemption.

Copy of circular attached.