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Employee cannot remain absent from service merely because his VRS application is pending – Supreme court

Employee cannot remain absent from service merely because his Voluntary Retirement Service (“VRS”) application is pending.

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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.

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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

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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.

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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.

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Labour Court in exercise of power under Section 33- C(2) cannot determine entitlement of retrenchment compensation – Punjab & Haryana HC

Labour Court in exercise of power under Section 33- C(2) cannot determine entitlement of retrenchment compensation.

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Dispute related to wages and termination of an employee are non-arbitrable – Supreme Court

Dispute related to wages and termination of an employee were non-arbitrable and would be exclusively dealt with by the statutory authorities established under the Payment of Wages Act, 1936 (“PW Act”) and the Industrial Disputes Act, 1947 (“ID Act”).

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<style=”color: #000000;”>SC imposes penalty for failure to provide a copy of the inquiry report to a complainant under POSH Act.

SC imposes penalty for failure to provide a copy of the inquiry report to a complainant under POSH Act.

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Madras HC directs State of Tamil Nadu to frame rules for the effective implementation of the PoSH Act.

Madras HC directs State of Tamil Nadu to frame rules for the effective implementation of the PoSH Act.

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State Government cannot regulate employment of persons in private industrial establishments – Calcutta HC

State Government cannot regulate employment of persons in private industrial establishments.

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