Dear Friends,
Striking Balance!
Judicial pronouncements in 2024 in respect of employment laws and employer-employee relations have largely been toward the emphasis on the right of regularisation of contractual workers, working conditions, and social security including the right to gratuity, maternity benefits, and providing a safe and secure work environment for women from sexual harassment. The observations will have a far-reaching effect on the aspect of the business world governing employment.
Supreme Court has affirmed the regularisation rights of temporary employees performing permanent duties in Vinod Kumar vs. Union of India case. Here employees were serving for 25 years as accounts clerk under a temporary scheme. SC observed that employment rights should be assessed based on the evolved duties and responsibilities over some time rather than original temporary terms of appointment. In another matter of Divgi Metal Wares Ltd. vs. Divgi Metal Wares Employees Association while upholding the supremacy and sanctity of transfer condition of employees by standing orders from one state to another, in the case of Shriram Manohar Bande vs. Uktranti Mandal SC affirmed that the acceptance of a resignation by the appropriate authority effectively terminates employment even without communication to employee.
In respect of leave encashment SC stressed the employee’s right to get accumulated leaves encashed once he is allowed to accumulate. Striking a balance on the right of revision of wages SC highlighted in the case of The VVF Ltd. Employees Union vs. M/s. VVF India Ltd. that the 'industry-cum-region test' is a standard for wage revision, which necessitates comparing wages with similar units in the region along with the employer's financial capacity as a key factor in this comparison.
The Delhi HC judgment in the matter of Manisha Sharma vs. Vidya Bhawan Girls Senior Secondary School would have a far-reaching effect deciding that no work no pay principle is not applicable where termination is found illegal. This case highlights the judicial stance on ensuring that employees are fairly compensated where termination is done wrongfully and sets a precedent against the indiscriminate application of the "no work no pay" principle, especially without evidence of the employee's gainful employment during the period of adjudication after termination.
These few instances make clear the thought process of maintaining a balance between the rights and obligations of employer and employee by the Indian judiciary through their judgments.
This annual edition of the compendium of one-liner Important labour judgments of 2024 carries around 800 such judgments of the Supreme Court and various High Courts on a variety of subjects selected by our research team from thousands of judgments published in law journals and online.
This edition also has a high reference value for our esteemed readers who wait for this issue anxiously.
If you like it let us know. If not, well, let us know that too.
Happy Reading
regds,
Anil Kaushik,
Business Manager - HR Magazine
B-138, Ambedkar Nagar, Alwar - 301001 (Raj.)
Mobile No. 97855 85134
http://www.businessmanager.in
From India, Delhi
181Striking Balance!
Judicial pronouncements in 2024 in respect of employment laws and employer-employee relations have largely been toward the emphasis on the right of regularisation of contractual workers, working conditions, and social security including the right to gratuity, maternity benefits, and providing a safe and secure work environment for women from sexual harassment. The observations will have a far-reaching effect on the aspect of the business world governing employment.
Supreme Court has affirmed the regularisation rights of temporary employees performing permanent duties in Vinod Kumar vs. Union of India case. Here employees were serving for 25 years as accounts clerk under a temporary scheme. SC observed that employment rights should be assessed based on the evolved duties and responsibilities over some time rather than original temporary terms of appointment. In another matter of Divgi Metal Wares Ltd. vs. Divgi Metal Wares Employees Association while upholding the supremacy and sanctity of transfer condition of employees by standing orders from one state to another, in the case of Shriram Manohar Bande vs. Uktranti Mandal SC affirmed that the acceptance of a resignation by the appropriate authority effectively terminates employment even without communication to employee.
In respect of leave encashment SC stressed the employee’s right to get accumulated leaves encashed once he is allowed to accumulate. Striking a balance on the right of revision of wages SC highlighted in the case of The VVF Ltd. Employees Union vs. M/s. VVF India Ltd. that the 'industry-cum-region test' is a standard for wage revision, which necessitates comparing wages with similar units in the region along with the employer's financial capacity as a key factor in this comparison.
The Delhi HC judgment in the matter of Manisha Sharma vs. Vidya Bhawan Girls Senior Secondary School would have a far-reaching effect deciding that no work no pay principle is not applicable where termination is found illegal. This case highlights the judicial stance on ensuring that employees are fairly compensated where termination is done wrongfully and sets a precedent against the indiscriminate application of the "no work no pay" principle, especially without evidence of the employee's gainful employment during the period of adjudication after termination.
These few instances make clear the thought process of maintaining a balance between the rights and obligations of employer and employee by the Indian judiciary through their judgments.
This annual edition of the compendium of one-liner Important labour judgments of 2024 carries around 800 such judgments of the Supreme Court and various High Courts on a variety of subjects selected by our research team from thousands of judgments published in law journals and online.
This edition also has a high reference value for our esteemed readers who wait for this issue anxiously.
If you like it let us know. If not, well, let us know that too.
Happy Reading
regds,
Anil Kaushik,
Business Manager - HR Magazine
B-138, Ambedkar Nagar, Alwar - 301001 (Raj.)
Mobile No. 97855 85134
http://www.businessmanager.in
From India, Delhi
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Important Labour Judgments 09.pdf