Labour Court is empowered to modify the punishment if not found justified Under section 11 A of the Industrial Disputes Act, the Labour Court is empowered to modify the punishment of dismissal if not found justified or proportionate to the misconduct hence reinstatement with continuity of service and other benefits as directed by the labour [...]

ESI Courts have no jurisdiction to declare lock-out as illegal one Management of Orissa Textile Mills declared lock-out. Employees remaining absent during lock-out claimed sickness benefits and sickness certificates from competent medical officer. When same was declined, employees moved ESI Court. In that proceeding, ESI Court declared the lock-out to be illegal. State and ESI [...]

Employer is not required to disclose, administrative exigency for transferring employee Transfer of an employee from one place to another is an incident of service and an employee cannot claim to be posted at a particular place besides that an employer is not required to disclose administrative exigency in order of transfer itself. The conduct [...]

Driver went home on feeling chest pain, thereafter admitted to hospital and died. Death could not be attributed to "accident arising out of and in the course of employment" Held. When the death of a deceased did not take place in the course of his employment, no nexus between the employment and the death which [...]

ESI medical service are covered under consumer protection Act The medical service rendered in an ESI hospital/dispensary to an insured employee fails with in the ambit of section 2(1) (o) of the Consumer Protection Act, and, therefore, the Consumer Protection Act have jurisdiction to adjudicate upon a dispute arising between the insured and the Employees’ [...]

When employee failed to join duty on specific offer made in conciliation hence he is not entitled to any other relief than compensation Appellant-workman raised dispute about his illegal termination. On reference, industrial Tribunal awarded him compensation in lieu of reinstatement after observing that he had declined to join duty when specific offer to that [...]

Dismissal justified for calling employer ‘chor’ Dismissal of a workman for calling the employer as (chor) thief will be justified and the Division Bench of Bombay High Court has upheld the award of the Labour Court. Staging demonstration and shouting abusive slogans will amount to serious misconducts and the punishment of dismissal from service will [...]

Enterprise means under MSME act 2006 “Enterprise” means an industrial undertaking or a business concern or any other establishment, by whatever name called, engaged in the manufacture or production of goods, in any manner, pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act, 1951 or engaged in providing [...]

Poaching of employee cannot be checked "We can not restrain our employee to join the competitor. The freedom of changing employment for improving service conditions is vital and important right of an employee which cannot be restricted or curtailed. The negative covenant clause in the service and employment contracts cannot be used against an employee. [...]

Termination or retrenchment of an employee calls for prior permission from government A company is required to obtain permission from concerned State government prior to termination or retrenchment of any employee. This is to be done in pursuance of Industrial Disputes Act, 1947 and Standing Orders of the Company. It holds true for a Company [...]