Archive for the ‘Legal Tips’ Category

Legal Tip of the Day 28 July, 2010

In the absence of income proof, compensation will be paid on minimum wages The dependents of the deceased who was employed as a loader in the truck will be entitled to compensation since the resultant death of the deceased arose in an accident during the course of employment when, while digging out the sand for [...]

Legal Tip of the Day 27 July, 2010

For misconduct of assaulting/abusing Superior and strike, reinstatement will not be proper Dismissal of the workmen for striking work for 4 to 5 months, assaulting/abusing superiors, disorderly behaviour etc. would not have been interfered either by the High Court or the Labour Court since the charges were proved in the enquiry and the courts have [...]

Legal Tip of the Day 26 July, 2010

Reference of dispute after 8 Years would not be maintainable Seeking reference of a dispute by a workman, after eight years of his dismissal being stale, would not be maintainable. Reinstatement of a workman, who has left employment of the Company voluntarily and joined another establishment where he was dismissed from service, should not have [...]

Legal Tip of the Day 23 July, 2010

Closure does not mean that whole establishment is closed. Only a part, when closed, comes only under the purview of the closure Closure of an establishment does not mean that the whole establishment should have been closed but only a part of the establishment, when closed, also comes within the purview of closure hence discontinuation [...]

Legal Tip of the Day 22 July, 2010

Employee can withdraw his V.R.S. option before acceptance by employer It is well settled principle of law that option of voluntary retirement as made by an employee can be withdrawn by him before its acceptance by the employer hence the High Court has rightly allowed petition of the employee. In case your organization requires any [...]

Legal Tip of the Day 20 July, 2010

The Public Liability Insurance Act, 1991 The Public Liability Insurance Act, 1991 was enacted with the object of providing immediate relief to the victims of accidents that might occur while handling hazardous substances. The owner who has control over handling hazardous substances is required under the Act to pay specified amounts to the victims as [...]

Legal Tip of the Day 16 July, 2010

Estranged Wife can ask about Husband’s Salary under RTI A woman in a Right to Information application, had sought a salary certificate of her husband with power generation major NTPC. In the complaint she alleged that her husband has misled a family court hearing her maintenance petition. The NTPC’s Chief Public Information Officer denied the [...]

Legal Tip of the Day 15 July, 2010

Commissioner need to follow guidelines while distributing compensation among claimants to see that money will go to right person The claimants under Workmen’s Compensation Act, as entitled to compensation are generally illiterate, minor and from poor strata of Society who have either suffered partial or total disablement or have lost sole bread earner hence while [...]

Legal Tip of the Day 09 July, 2010

Disciplinary proceedings would not be stayed pending criminal proceedings Disciplinary proceedings as initiated by the Bank against a delinquent employee would not be stayed during pendency of the criminal proceedings since the delinquent being bank employee has been charged guilty for misbehavior and subversive of discipline by withdrawal of amount from somebody’s account which amount [...]

Legal Tip of the Day 08 July, 2010

No damages to late deposit of P.F. when P.F. deptt. committed delay in allowing P.F. code No. to employer Levy of damages for late deposit of provident funds contribution by an employer will amount to high handedness and malafide since the employer has been persistently seeking allotment of code Number from the Commissioner for depositing [...]