Articles for Id Act

Can Only Invoke Section 33C(2), ID Act, For Computation Of Pre-Existing Benefits; Not To Decide New Issues: P&H HC
3 weeks, 3 days ago

Can Only Invoke Section 33C(2), ID Act, For Computation Of Pre-Existing Benefits; Not To Decide New Issues: P&H HC

Live Law  

Punjab and Haryana High Court: A single judge bench consisting of Justice Jagmohan Bansal struck down the order of the Labour Court that ordered payment of overtime wages to a pump operator. The High Court held that the Labour Court was not competent to decide such claims, as Section 33C only applies for the computation of pre-existing benefits; it cannot …

Court Labour Wages Respondent Act Claim Overtime
Central Council Of Homoeopathy Falls Within Definition Of “Industry” Under ID Act: Delhi High Court
7 months, 1 week ago

Central Council Of Homoeopathy Falls Within Definition Of “Industry” Under ID Act: Delhi High Court

Live Law  

A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh in the case of Central Council of Homoeopathy vs Vijay Singh has held that the Central Council of Homoeopathy falls within definition of “Industry” under Industrial Disputes Act, 1947 Background Facts Vijay Singh was appointed as a temporary stenographer with the Central Council of Homoeopathy …

Industry Court Industrial Tribunal Held Respondent Act
ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court
8 months, 1 week ago

ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court

Live Law  

The Karnataka High Court single bench of Justice Shivashankar Amarannavar held that the right to claim interest could be considered a pre-existing right or benefit only if explicitly determined in the contract of employment or in the resolutions governing service conditions. Furthermore, the bench held that an application under Section 33C of the Industrial Disputes Act, 1947 in the Labour …

Court Application Order Interest Right Held High
Labour & Service Weekly Round-Up: 22nd April to 28th April 2024
8 months, 1 week ago

Labour & Service Weekly Round-Up: 22nd April to 28th April 2024

Live Law  

Allahabad High Court Industrial Disputes Act | Labour Court Has Ample Power To Examine Correctness Of Finding Of Inquiry Officer In Discharge Or Dismissal Order: Allahabad High Court Case Title: Charan Pal Singh vs. Presiding Officer Labour Court Second Up Ghaziabad And Another 2024 LiveLaw 264 Case Citation: 2024 LiveLaw 264 The Allahabad High Court single bench of Justice Dinesh …

Justice High Court Labour Bombay High Court Industrial Service 2024
Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court
8 months, 2 weeks ago

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court

Live Law  

The High Court of Karnataka single bench of Mrs Justice K.S Hemalekha held that persons carrying managerial and supervisory responsibilities do not fall within the scope of 'workman', as defined under Section 2 of the Industrial Disputes Act. The question before the labour court was whether she would be a 'workman' within the scope of Section 2 of the Industrial …

Court Labour Writ Applicant Act Person Karnataka High
LOCALIZE IT: Government delays enforcement of Real ID Act
2 years ago

LOCALIZE IT: Government delays enforcement of Real ID Act

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Valid IDs under the law include: Real IDs, enhanced …

State Real Dhs License Compliant Licenses Real Id
Labour Court Cannot Arrogate To Itself Functions of An Industrial Tribunal U/S 33C(2) of ID Act: Gujarat High Court
2 years, 9 months 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 …

Court Labour Minimum Wages Wages Act Labour Court Industrial Tribunal
Strikes And Lockouts
2 years, 11 months ago

Strikes And Lockouts

Live Law  

Preventing illegal strikes and lockouts is a key concept both under Industrial Disputes Act, 1947 and in the Industrial Relations Code. While S.22 of ID Act, 1947 deals with provisions of strike specific to public utility services, S.23 talks about general prohibition of strikes and lockouts and says that no workman in any industrial establishment shall go on a strike …

India Supreme Court Indian Strike Workers Financial Aid Industrial
Revisiting The Paradip Port Trust Judgement- Should There Be Restrictions On Appearance Of Advocates Before Labour Courts And Tribunals?
3 years ago

Revisiting The Paradip Port Trust Judgement- Should There Be Restrictions On Appearance Of Advocates Before Labour Courts And Tribunals?

Live Law  

Having one of the largest advocate populations and perhaps the only country in the world to celebrate an 'Advocate's Day', India does place a lot of prestige on the legal profession. Vs Their Workmen AIR 1977 SC 36, where it was held that The ID Act, being a special legislation, would override the Advocates Act which is a general law. …

Law India Trust Legal General Court Labour
Re-visiting 'Reinstatement': The Vacillatting Interpretations Of 'Reinstatement'
3 years, 9 months ago

Re-visiting 'Reinstatement': The Vacillatting Interpretations Of 'Reinstatement'

Live Law  

The Industrial Disputes Act, 1947 at Section 11A confers upon Labour Courts, Industrial Tribunals and National Industrial Tribunals the power to "set aside an order of discharge or dismissal of workmen and direct reinstatement of the workmen on such terms and conditions, if any, as it thinks fit". The Supreme Court in these cases has held that relief of reinstatement …

Law Supreme Court Judges Court Tribunals Courts Order
Important Judgments Of Justice Indu Malhotra
3 years, 9 months ago

Important Judgments Of Justice Indu Malhotra

Live Law  

Justice Indu Malhotra, the first woman Judge to be elevated directly from the Bar and the seventh woman Judge to be appointed at the Supreme Court, is set to retire on March 13, 2021. Insolvency and Bankruptcy Code Will Override Provisions Of Other Enactments Inconsistent With It Upholding a Delhi High Court judgement which held that moratorium under the IBC …

Justice Supreme Court Judgment Constitution Specific Performance Constitutional Criminal Procedure
SC seeks govt’s response on use of Aadhaar as ID
5 years, 1 month ago

SC seeks govt’s response on use of Aadhaar as ID

Deccan Chronicle  

New Delhi: The Supreme Court on Friday sought response from the Centre and the Unique Identification Authority of India on a PIL challenging the Aadhaar and Other Laws Act, 2019, that provides for voluntary use of Aadhaar as an identification document for opening of the bank accounts and for getting mobile connections. Section 57 of the Aadhaar Act which now …

Court Aadhaar Bank Pil Act Bank Account
Section 33(2)(b) ID Act- SC Explains Scope Of Enquiry By Labour Court While Granting/Refusing Approval For Discharge/Dismissal Of Workman [Read Judgment]
5 years, 2 months ago

Section 33(2)(b) ID Act- SC Explains Scope Of Enquiry By Labour Court While Granting/Refusing Approval For Discharge/Dismissal Of Workman [Read Judgment]

Live Law  

The Supreme Court has observed that a Labour Court or Tribunal while holding enquiry under Section 33 of the Industrial Disputes Act cannot invoke the adjudicatory powers vested in them under Section 10 and of the Act. Where the Labour Court/Tribunal, thus, do not find the domestic enquiry defective and the principles of fair and just play have been adhered …

Court Labour Natural Justice Domestic Tribunal Enquiry Labour Court
Diocese Of Delhi Not An Industry Under Industrial Disputes Act: Delhi HC [Read Judgment]
5 years, 3 months ago

Diocese Of Delhi Not An Industry Under Industrial Disputes Act: Delhi HC [Read Judgment]

Live Law  

The High Court of Delhi on Wednesday held that Diocese of Delhi is not an industry under the Industrial Disputes Act, 1947 and consequently, the employees therein are not workmen. Diocese is a unit of the territorial organization of Church whose duty is to spread the knowledge of the Gospel throughout its territory and to provide the spiritual needs of …

Church Industry Industrial Disputes Act Diocese Its Territory Id Act Disputes Act