Wages Withheld Due To Disciplinary Proceedings Can’t Be Restored By The Authority Under The Payment Of Wages Act: SC [Read Order]
7 years, 9 months ago

Wages Withheld Due To Disciplinary Proceedings Can’t Be Restored By The Authority Under The Payment Of Wages Act: SC [Read Order]

Live Law  

The Supreme Court bench of Justices Ashok Bhushan and Deepak Gupta, on May 6, held that the prescribed authority under the Payment of Wages Act is not an appellate authority in the disciplinary proceedings and therefore it has no right to sit in appeal and to set aside the order of withholding of increments passed in the disciplinary proceedings.In the instant case, the respondent,. The Supreme Court bench of Justices Ashok Bhushan and Deepak Gupta, on May 6, held that the prescribed authority under the Payment of Wages Act is not an appellate authority in the disciplinary proceedings and therefore it has no right to sit in appeal and to set aside the order of withholding of increments passed in the disciplinary proceedings. In the instant case, the respondent, Jaswinder Singh, was a conductor with the Punjab Roadways, which withheld his wages in disciplinary proceedings in 1984 and 1985. The Supreme Court, applying the precedent, State of Punjab v Baldev Singh, set aside the High Court order, and upheld the withholding of wages during the pendency of the disciplinary proceedings.

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History of this topic

Payment Of Back Wages Not An Automatic Consequence Of Unlawful Dismissal: Calcutta High Court
2 months ago

Payment Of Back Wages Not An Automatic Consequence Of Unlawful Dismissal: Calcutta High Court

Live Law  

The Calcutta High Court has held that the direction of payment of back wages is discretionary and it vests a court with the authority to consider the totality of facts and circumstances in any individual case. “Direction towards payment of back wages is a discretionary power which has to be exercised by a court keeping in mind the facts in …

Reinstated civil judge entitled to full salary, rules SC
6 months ago

Reinstated civil judge entitled to full salary, rules SC

New Indian Express  

NEW DELHI: The Supreme Court has directed for payment of full salary to a civil judge removed for allegedly having an illicit relationship with a woman judicial officer. A bench of Justices Vikram Nath and Prasanna Bhalachandra Varale said on Wednesday that when judgment of the Punjab and Haryana High Court dismissing the writ petition challenging the termination has been …

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court
8 months ago

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court recently held that the scope of an appeal against an award passed under the Employees Compensation Act is significantly limited, being permissible only if a substantial question of law is involved. The observation made by Justice Wani was based on a reading of Section 30 of the Employees Compensation Act which outlines …

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC
2 years, 7 months ago

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC

Live Law  

The Gujarat High Court has reiterated that once a Labour Court comes to the conclusion that Sections 25F, G and H of the Industrial Disputes Act have been violated, reinstatement of workman ought to follow. The Bench comprising Justice Biren Vaishnav was hearing several petitions challenging the Labour Court's order wherein compensation of Rs. Reference was made to Gauri Shanker …

Supreme Court Directs Jammu & Kashmir To Clear Wage Arrears Of Sweepers Within 8 Weeks
2 years, 9 months ago

Supreme Court Directs Jammu & Kashmir To Clear Wage Arrears Of Sweepers Within 8 Weeks

Live Law  

The Supreme Court recently directed the Union Territory of Jammu and Kashmir to clear the arrears of minimum wage of sweepers who have been sustaining at a monthly wage of Rs. Top Court issued the directions while considering SLP assailing Jammu and Kashmir High Court's order dated May 15, 2019 by which it while refusing to entertain the LPA had …

Labour Court Cannot Arrogate To Itself Functions of An Industrial Tribunal U/S 33C(2) of ID Act: Gujarat High Court
3 years ago

Labour Court Cannot Arrogate To Itself Functions of An Industrial Tribunal U/S 33C(2) of ID Act: Gujarat High Court

Live Law  

"It is held that the workmen can proceed under Section 33C of the I.D.Act only after the Tribunal has adjudicated on a complaint under section 33A or on a reference under section 10 of the I.D. The Labour Court, subsequently, awarded INR 1,29,034 as differential amount of wages under Section 33C. Judgement The Bench identified the primary issue worth consideration …

Rajasthan HC Directs State Govt. To Take Steps To Revise The Wages In Accordance With SC Judgment [Read Judgment]
4 years, 6 months ago

Rajasthan HC Directs State Govt. To Take Steps To Revise The Wages In Accordance With SC Judgment [Read Judgment]

Live Law  

The Rajasthan High Court has declared that non revision of the wages payable to the prisoners for last five years is ex facie violative of the provisions of Rule 31 of the Rajasthan Prison Rules, 1951 and amounts to defiance of directions issued by the Supreme Court. The Bench has directed that the State Government to constitute a committee for …

MHA Order Directing Employers To Pay Wages During Lockdown, Not Applicable To Workers Who Were Unemployed Or Unpaid Before The Lockdown: Bombay HC
4 years, 8 months ago

MHA Order Directing Employers To Pay Wages During Lockdown, Not Applicable To Workers Who Were Unemployed Or Unpaid Before The Lockdown: Bombay HC

Live Law  

In a significant order, the Bombay High Court has held that order passed by the Union Ministry of Home Affairs under the Disaster management Act directing all states and union territories to ensure that all the employers shall make payment of wages to their workers without any deduction during the lockdown, is not applicable to those workers who remained unpaid …

Principle Of 'No Work No Pay' Applies When Employee Was Not Kept Away From Work By Any Order Of Employer: SC [Read Judgment]
5 years, 8 months ago

Principle Of 'No Work No Pay' Applies When Employee Was Not Kept Away From Work By Any Order Of Employer: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the principle of 'No Work No Pay' can be applied when the employee was not kept away from work by any order of the employer.The bench comprising Justice Ashok Bhushan and Justice Navin Sinha, reiterated the settled principle that nobody could be directed to claim wages for the period that he remained absent without …

Daily Wagers Entitled To Minimum Wages Applicable To Regular Employees Holding The Same Post, Reiterates SC [Read Judgment]
6 years, 4 months ago

Daily Wagers Entitled To Minimum Wages Applicable To Regular Employees Holding The Same Post, Reiterates SC [Read Judgment]

Live Law  

‘The Appellants are entitled to be paid the minimum of the pay scales applicable to regular employees working on the same posts.’The Supreme Court on Wednesday reiterated that temporary employees are entitled to draw wages at the minimum of the pay scales which are applicable to the regular employees holding the same post.The bench allowed appeals filed by daily rated …

Wages Withheld Due To Disciplinary Proceedings Can’t Be Restored By The Authority Under The Payment Of Wages Act: SC [Read Order]
7 years, 9 months ago

Wages Withheld Due To Disciplinary Proceedings Can’t Be Restored By The Authority Under The Payment Of Wages Act: SC [Read Order]

Live Law  

The Supreme Court bench of Justices Ashok Bhushan and Deepak Gupta, on May 6, held that the prescribed authority under the Payment of Wages Act is not an appellate authority in the disciplinary proceedings and therefore it has no right to sit in appeal and to set aside the order of withholding of increments passed in the disciplinary proceedings.In the …

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