Articles for Industrial Disputes

Civil Courts Retain Exclusive Jurisdiction For Non-Industrial Disputes & Provide Alternative Remedies For Common Law Claims: J&K High Court
2 days ago

Civil Courts Retain Exclusive Jurisdiction For Non-Industrial Disputes & Provide Alternative Remedies For Common Law Claims: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that if a dispute is not an industrial dispute nor relates to the enforcement of any rights under the Industrial Disputes Act, the remedy lies exclusively in a civil court. However, a bench of Justice Vinod Chatterji Koul clarified that if the dispute arises out of a right or liability …

Jurisdiction Court Civil Industrial Disputes Courts Act Exclusive
High Court Allows Partial Appeal on Superannuation Benefits Dispute
1 month, 3 weeks ago

High Court Allows Partial Appeal on Superannuation Benefits Dispute

Live Law  

The Madhya Pradesh High Court partially allowed a writ appeal challenging the Single Judge's order that had directed the appellant to raise an industrial dispute regarding his superannuation benefits. The Court held that when a removal order explicitly grants superannuation benefits, these cannot be withheld by directing the employee to approach the Industrial Tribunal, as the tribunal reference was meant …

Government Law Industrial Disputes Retirement Benefits Indore
Labour Court Awards Compensation Instead of Reinstatement for Casual Laborer
1 month, 3 weeks ago

Labour Court Awards Compensation Instead of Reinstatement for Casual Laborer

Live Law  

The Bombay High Court upheld the Labour Court's decision to award monetary compensation instead of reinstatement to a casual laborer whose services were terminated without following due process. The court emphasized that while termination without following Section 25F of the Industrial Disputes Act, 1947 is illegal, reinstatement is not an automatic remedy, especially when the employee has found similar employment …

Law Compensation Labour Industrial Disputes Mumbai
Delay By Itself Doesn't Extinguish Govt's Authority To Refer Industrial Disputes, Relevant To Examine Whether Dispute Still Exists: HP High Court
4 months, 2 weeks ago

Delay By Itself Doesn't Extinguish Govt's Authority To Refer Industrial Disputes, Relevant To Examine Whether Dispute Still Exists: HP High Court

Live Law  

The Himachal Pradesh High Court has ruled that a delay in raising an industrial dispute does not, by itself, denude the government of its authority to examine the advisability of referring such disputes for adjudication. The court explained that while delay is a relevant factor in determining whether a dispute still "exists," it does not automatically render the dispute stale …

Dispute Court Industrial Disputes Industrial Reference Delay State
Advocates Cannot Claim Right Of Legal Representation Under Industrial Disputes Act: Supreme Court Answers Reference
1 year, 2 months ago

Advocates Cannot Claim Right Of Legal Representation Under Industrial Disputes Act: Supreme Court Answers Reference

Live Law  

The Supreme Court has affirmed that an Advocate cannot claim the right of legal representation under the the Industrial Disputes Act, 1947. Agreeing with the view expressed in Paradip Port Trust, Paradip vs. Their Workmen 2 SCC 339, a three-judge bench comprising Justices Sanjay Kishan Kaul, CT Ravikumar, and Sudhanshu Dhulia answered a reference against the judgment. However, the judgement …

Trust Representation Legal Court Legal Representation Disputes Port
Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court
1 year, 4 months ago

Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has recently ruled that even if an employer corporation does not explicitly issue a termination order, its behaviour of not assigning work to an employee while doing so for others can still be considered as retrenchment under the Industrial Disputes Act of 1947. “.Retrenchment as it stood at the relevant time, termination …

Court Services Work Industrial Industrial Disputes Act Termination Tribunal
Repealing Act Of 2016 Does Not Remove Section 2A(2) Of Industrial Disputes Act, 1947: Calcutta High Court
1 year, 8 months ago

Repealing Act Of 2016 Does Not Remove Section 2A(2) Of Industrial Disputes Act, 1947: Calcutta High Court

Live Law  

The Calcutta High Court recently ruled that the Labour Courts/Tribunals constituted under the Industrial Disputes Act, 1947 have the power to exercise jurisdiction under Section 2A of the Act and that the Repeal and Amendment of the Industrial Disputes Act, 2010 as a whole, by the Repeal and Amendment Act of 2016, neither has the effect of removing the said …

Jurisdiction Court West Bengal Disputes Industrial Industrial Disputes Act Amendment
Orissa High Court Annual Digest 2022 [Citations 1-165]
1 year, 11 months ago

Orissa High Court Annual Digest 2022 [Citations 1-165]

Live Law  

Index of Citations The Orissa High Court has reiterated that even after an ex parte decree is set aside under Order IX Rule 13 of the CPC, defendant neither can be relegated to the original position nor can be allowed to file written statement. NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To …

India Justice Odisha High Court Medical Negligence Court University
Gujarat High Court Quarterly Digest: July To September 2022 [Citation 253 To 387]
2 years ago

Gujarat High Court Quarterly Digest: July To September 2022 [Citation 253 To 387]

Live Law  

NOMINAL INDEX Narubhai Amarsinh Makwana V/S State Of Gujarat 2022 LiveLaw 253 Chief Officer v/s Decd. Shree Shivam Corporation Through Its Sole Propeirtor Mr. Prahlad Durlabhjibhai Joshi v/s Competition Commission of India 2022 LiveLaw 379 Inner Vision Education And Charitable Trust V/S Union Of India 2022 LiveLaw 380 Sonalben Alias Charmiben Hirenbhai Jivani Versus Naranbhai Chananbhai Babariya 2022 LiveLaw 381 …

India Justice High Court Pakistan Murder Resolution Title
Gujarat High Court Monthly Digest: August 2022 [Citations 301 - 362]
2 years, 3 months ago

Gujarat High Court Monthly Digest: August 2022 [Citations 301 - 362]

Live Law  

Nominal Index Kamleshkumar Mohanji Methana V/S State Of Gujarat 2022 LiveLaw 301 Gulamkadar Kasambhai Shaikh V/S The State Of Gujarat Thru The Principal Secretary 2022 LiveLaw 302 State Of Gujarat & 2 Other v. Ravindra S. Shukla & 22 Other 2022 LiveLaw 303 Pritiben Chhaganlal Kanjariaya V/S State Of Gujarat & 4 other 2022 LiveLaw 304 Poonam Madha Parmar V/S …

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Delhi High Court Half Yearly Digest: January To June 2022 [Citations 1 - 598]
2 years, 5 months ago

Delhi High Court Half Yearly Digest: January To June 2022 [Citations 1 - 598]

Live Law  

Arrest In Breach Of 'Arnesh Kumar' Guidelines : Delhi High Court Sentences Police Officer To One Day Imprisonment Case Title: RAKESH KUMAR v. VIJAYANTA ARYA AND ORS Citation: 2022 LiveLaw 1 In a significant judgment, the Delhi High Court held a police officer guilty of contempt of court for arresting a man in violation of the principles laid down by …

India Delhi High Court Spa Reproductive Rights Trial Chennai
S. 7-B, Industrial Disputes Act | Government Is Not Mandated To Refer Matters Of National Importance To National Tribunal: Orissa High Court
2 years, 7 months ago

S. 7-B, Industrial Disputes Act | Government Is Not Mandated To Refer Matters Of National Importance To National Tribunal: Orissa High Court

Live Law  

The Orissa High Court has held that it is not mandatory for the Central Government to refer a matter of national importance to the National Industrial Tribunal for adjudication even if it satisfies the twin conditions mentioned under Section 7-B of the Industrial Disputes Act, 1947. Factual Background: The present dispute had its origins in an order dated 14th September …

Dispute Court National Chief Justice Industrial Disputes Industrial Tribunal
Regional Labour Commissioner Cannot Exercise Adjudicatory Powers In Proceedings Under Sec. 33(1) Of Industrial Disputes Act: Delhi High Court
2 years, 9 months ago

Regional Labour Commissioner Cannot Exercise Adjudicatory Powers In Proceedings Under Sec. 33(1) Of Industrial Disputes Act: Delhi High Court

Live Law  

The Delhi High Court has observed that the Regional Labour Commissioner has limited powers in proceedings under sec. 33C of the Industrial Disputes Act, 1947 and cannot exercise adjudicatory powers to ascertain whether the benefits claimed were due in the first place or not. The claim of MACP/ACP benefits was allowed by the Regional Labour Commissioner under Section 33C of …

Benefits Delhi Court Management Employees Delhi High Court Industrial Disputes Act
Delhi High Court Weekly Round Up: February 7 To February 12, 2022
2 years, 10 months ago

Delhi High Court Weekly Round Up: February 7 To February 12, 2022

Live Law  

ORDERS/ JUDGMENTS OF THE WEEK1. Recourse To S.14 Arbitration Act Not Available In Respect Of Challenge To Arbitrator U/S 12: Delhi High Court Case Title: Manushi Sangathan v. Delhi Fire Service Citation: 2022 LiveLaw 98 The Delhi High Court refused to entertain the writ petition filed by Manushi Sangathan, an organization representing 67 hawkers and vendors, challenging the mock drill …

India China Justice Court Civil Procedure Speedy Trial Delhi High Court
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
A Look At Layoff And Retrenchment Procedures In Light Of New Industrial Relations Code
2 years, 11 months ago

A Look At Layoff And Retrenchment Procedures In Light Of New Industrial Relations Code

Live Law  

The Industrial Disputes Act, 1947 has been the primary legislation to administer disputes between the employer and workmen and to provide safeguards for workmen. Like Chapter VA of the Industrial Disputes Act, 1947, Chapter IX in the Industrial Relations Code mentions at the outset under S. 65 that the provisions of that chapter pertaining to layoff, retrenchment and closure are …

Disputes Industrial Disputes Act Act Relations Code One Year Layoff
Civil Court Lacks Jurisdiction To Entertain A Suit Structured On Provisions Of Industrial Disputes Act: Supreme Court
3 years, 2 months ago

Civil Court Lacks Jurisdiction To Entertain A Suit Structured On Provisions Of Industrial Disputes Act: Supreme Court

Live Law  

The Supreme Court observed that a civil court lacks jurisdiction to entertain a suit structured on the provisions of the Industrial Disputes Act.In this case, the plaintiff, who was a daily wage employee under the Himachal Pradesh State Electricity Board, challenged his termination by filing a suit before a civil court. The Supreme Court observed that a civil court lacks …

Supreme Court High Court Jurisdiction Board Court Civil Industrial
5 Nine-Judge Bench Matters Pending Before Supreme Court; Oldest One Pending Since 2002
3 years, 3 months ago

5 Nine-Judge Bench Matters Pending Before Supreme Court; Oldest One Pending Since 2002

Live Law  

As per the 'statistics about matters pending in Supreme Court' published last month, there are 5 Nine Judges Bench Matters pending before the Supreme Court.These cases pertains to interpretations of : 'material resources' in Article 39 of Constitution Section 18-G of Industries Act, 'Industries' in Industrial Disputes Act Royalties on. vs M/S Lalta Prasad Vaish This case is about the …

India Supreme Court Matters Constitution Court States Case
The Industrial Relations Code, 2020: Implications For Workers' Rights
4 years, 1 month ago

The Industrial Relations Code, 2020: Implications For Workers' Rights

Live Law  

The Industrial Relations Code, 2020 that was notified by the central government on 29 September 2020 consolidates the provisions of the three major central laws in the country relating to industrial relations, namely, the Trade Unions Act, 1926; the Industrial Disputes Act 1947 and the Industrial Employment Act 1946. The following example will illustrate the confusion brought about by the …

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New Labour Laws Explained (Part 1): Industrial Relations Code 2020
4 years, 2 months ago

New Labour Laws Explained (Part 1): Industrial Relations Code 2020

Live Law  

The Parliament recently passed three major bills related to labour laws. They are :Industrial Relations Code Bill 2020.Social Security Code Bill, 2020.Occupational Safety, Health and Working Conditions Code Bill, 2020.In this part, we will explain the Industrial Relations Code 2020 and the major changes brought by it.Industrial Relations Code, 2020.The Industrial Relations Code seeks to amalgamate and combine three major …

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Delhi HC Refuses To Provide Relief To Retrenched PTI Employees, Says Avail Remedy Under Industrial Disputes Act [Read Judgment]
4 years, 2 months ago

Delhi HC Refuses To Provide Relief To Retrenched PTI Employees, Says Avail Remedy Under Industrial Disputes Act [Read Judgment]

Live Law  

Delhi High Court has refused to quash the retrenchment order passed against 297 employees of the Press Trust of India by noting that the employees should rather seek statutory relief under the Industrial Disputes Act. It was further argued that the retrenched employees are 'workmen' within the meaning of Section 2 of Industrial Disputes Act, and PTI is a 'factory' …

Employees Disputes Writ Industrial Industrial Disputes Act Pti Act