Determination Of Employment Status Is A Mixed Question Of Law And Fact; Requires Adjudication By Industrial Tribunal: Calcutta HC
1 week, 1 day ago

Determination Of Employment Status Is A Mixed Question Of Law And Fact; Requires Adjudication By Industrial Tribunal: Calcutta HC

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Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt dismissed the writ petition filed by the Indian Institute of Management Calcutta. Thus, the reference questioned whether IIMC had an employer-employee relationship with the former mess workers, and what relief they were entitled to for their alleged retrenchment.Arguments Representing IIMC, Senior Advocate Soumya Majumder argued that the reference was not sustainable as IIMC was not the principal employer. Court's Findings Firstly, the court held that the Industrial Tribunal was the appropriate forum to determine whether IIMC was the principal employer. Citing Vividh Kamgar Sabha v. Kalyani Steels Ltd., the court ruled that disputes regarding employment status must be decided by the Tribunal. Thirdly, the court rejected IIMC's argument that the reference was beyond the jurisdiction of the Industrial Tribunal.

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Burden Of Establishing 'Industry' Status In Employment Dispute On Petitioner: Delhi HC
3 months, 1 week ago

Burden Of Establishing 'Industry' Status In Employment Dispute On Petitioner: Delhi HC

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Delhi High Court: A single judge bench of Justice Girish Kathpalia upheld a Labour Court's award that rejected a worker's claims for reinstatement. Background Satish Kumar filed a claim in the Labour Court against HCDI stating illegal termination of his employment. The Labour Court framed the issues as such: first, whether HCDI was an “industry”; second, whether any employer-employee relationship …

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