All High Courts
Imposing Multiple Punishments Cumulatively On Workman For One Single Act Violates Principle Of Double Jeopardy: Punjab And Haryana High Court
The Punjab and Haryana High Court (“High Court”) single bench of Justice Sanjay Vashisth held that imposition of two punishments cumulatively for one single act of the Workman violates the principle of double jeopardy. The High Court noted that the Labour Court imposed two penalties on the Workman, depriving him of one increment and back wages simultaneously. The High Court partially modified the order and directed the Management not to deprive the Workmen of the increment. Brief...
Individuals Involved In Manual Work Are Considered Workmen Under ID Act, In Absence Of Direct Oversight Over Subordinates In Supervisory Role: Bombay High Court
The Bombay High Court single bench of Justice Amit Borkar held that employees predominantly engaged in manual, skilled, and unskilled work, in absence of sufficient evidence of direct oversight of subordinate employees, qualify as 'workmen' under Section 2(s) of the ID Act. Brief Facts: The Management, an engineering company, was involved in manufacturing various products, including furniture items. Meanwhile, the Respondent was a union registered under the Trade Unions Act of 1926,...
No Wrongdoing Can Be Attributed To Consensual Sexual Acts Between Adults Regardless Of Their Marital Status: Delhi High Court
The Delhi High Court has observed that no wrongdoing can be attributed if two consenting adults indulge in consensual sexual activity, regardless of their marital status.“While societal norms dictate that sexual relations should ideally occur within the confines of marriage, no wrongdoing can be attributed if consensual sexual activity occurs between two consenting adults, regardless of their marital status,” Justice Amit Mahajan said. The court observed that false allegations of sexual...
Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court
Noting that 'Marital rape' has not been recognised as an offence in India, the Madhya Pradesh High Court has observed that any sexual intercourse, including unnatural sex by a man with a wife, won't amount to rape as the consent of the wife becomes immaterial in such cases. A bench of Justice Gurpal Singh Ahluwalia held that if a wife is residing with her husband during the subsistence of a valid marriage, then any sexual intercourse or sexual act by a man with his own wife not below...
Industrial Disputes Act Time Consumed In Proceedings At Forum Lacking Jurisdiction Is Excluded From Limitation Period: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Sandeep Sharma held that if an applicant has diligently pursued a matter before a wrong forum and time was consumed in doing so, this time should be excluded from the limitation period before the forum with appropriate jurisdiction. The bench noted that the Workman could only approach the Industrial Tribunal after the expiry of 3 years because the matter was pending before the Labour Commissioner. Brief Facts: The...
Reinstatement With Continuity of Service And Back Wages Is General Rule, Relief May Be Enhanced Considering Nature Of Misconduct By Management: Gujarat High Court
The Gujarat High Court division bench ofJustice Biren Vaishnav and Justice Pranav Trivedi held that in cases of wrongful termination, reinstatement with continuity of service and back wages is the general rule. The relief granted to the workmen might be enhanced if other wrongful conduct on the part of the Management is found. The High Court found that the Workman, employed as an RPF Constable, was absent from duty due to compelling circumstances such as a health emergency and...
Discontinuation Of Establishment's Work Charge Status Does Not Disentitle Workmen From Attaining Work Charge Status: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Ajay Mohan Goel differentiated between the work charge status of an establishment and the work charge status of workmen. It held that the cessation of the establishment's work charge status does not negate the workman's right to conferment of work charge status upon completing the requisite service period. Work charge status typically refers to a classification or designation given to employees, often in government or public sector...
BREAKING | Calcutta High Court Denies Bail To Former WB Education Minister Partha Chatterjee In Cash-For-Jobs Scam
The Calcutta High Court has declined the bail prayer of former Education Minister and Member of Legislative Assembly Partha Chatterjee in the cash-for-jobs recruitment scam, involving the illegal recruitment of Assistant Teachers under the West Bengal Board of Primary Education.A single bench upon going through the evidence including the amounts of money and assets, jewellery seized from Chatterjee and co-accused Arpita Mukherjee denied the bail application and held:I have taken into...
Prisoner Exempted From Appearing At Registration Office, Registrar Bound To Examine Him By Visiting Jail Or Issuing Commission: Kerala HC
The Kerala High Court held that a person in jail is exempted from appearing in person at the registration office for registration of any document as per Section 38 of the Registration Act, 1908.Justice Viju Abraham observed that the District Registrar is duty-bound to visit the jail where the convict is confined and examine him or issue a commission for his examination to complete the registration process. “Going by Section 38 of the Act 1908, a person who is in jail is exempted from appearing...
Gauhati High Court Asks State's Agriculture Dept To Quell Doubts About Employment Status, Wages Of Muster Roll Workers
The Gauhati High Court recently directed Assam's Agriculture Department to furnish records of three letters issued in the years 2017 and 2018 to quell doubts regarding the employment status of muster roll workers and wages due to them. The direction came in a writ petition filed by 43 petitioners making a claim of payment of their wages in lieu of services rendered as Muster Roll Workers in the Agriculture Department.It was submitted that the petitioners were inducted in the services during the...
Failure Of Management To Prove Credibility Of Resignation Letter, Termination Of Illiterate Worklady Declared Invalid: Punjab And Haryana High Court
The Punjab and Haryana High Court single bench of Justice Sanjay Vashisth declared the termination of an illiterate work lady violative of Section 25-F of the Industrial Disputes Act, based on the Management's failure to verify the handwriting on the resignation letter. Since the management failed to present any witnesses to support the authenticity of the resignation and acceptance documents, it was directed to either reinstate the work lady or pay Rs. 3 Lakh lumpsum compensation. ...
[NEET UG 2024] Reasonable Accommodation Not Limited To Those Suffering Disability Under 2016 Act: Madras HC Paves Way For Student Wearing Adult Diaper To Attend Exam
The Madras High Court recently paved the way for a student, with a special need of wearing adult diapers, to attend the NEET UG Examinations wearing the diaper. The court noted that the principle of reasonable accommodation was not restricted to those suffering disability under the Rights of Persons with Disabilities Act 2016 but to all persons having special needs. “Article 15(3) of the Constitution enables the State to make special provision for women and children. There is no...