Advocates Club

Tagged: Industrial Disputes Act

Service & Labour Law

SUPREME COURT OF INDIA – A PRIOR APPROVAL FROM THE DIRECTOR OF EDUCATION, GOVT. OF NCT OF DELHI IS REQUIRED BEFORE TERMINATING AN EMPLOYEE BY THE SCHOOL MANAGEMENT

Supreme Court of India Date of Judgement: 13.04.2016 The respondent-Managing Committee in the instant case, did not obtain prior approval of the order of termination passed against the appellant from the Director of Education, Govt. of NCT of Delhi as required under Section 8(2) of the DSE Act. The order of termination passed against the  appellant is thus, bad in law. [Para No. 35 of the...

Service & Labour Law

SUPREME COURT OF INDIA – EDUCATIONAL INSTITUTION IS AN INDUSTRY IN TERMS OF THE INDUSTRIAL DISPUTES ACT –THOUGH NOT ALL OF ITS EMPLOYEES ARE WORKMEN BUT THE DRIVER EMPLOYED BY A SCHOOL BEING A SKILLED PERSON IS A WORKMAN

Supreme Court of India Date of Judgement: 13.04.2016 The issue whether educational institution is an ‘industry’, and its employees are ‘workmen’ for the purpose of the Industrial Disputes Act, 1947 has been answered by a Seven-judge Bench of this Court way back in the year 1978 in the case of Bangalore Water Supply (supra). It was held that educational institution is...

Service & Labour Law

SUPREME COURT OF INDIA – APPEARANCE OF THE ADVOCATES BEFORE THE LABOUR COURTS & INDUSTRIAL DISPUTES TRIBUNALS

Supreme Court of India Date of Judgement: 06.05.2011 The Hon’ble Supreme Court prima facie, are of the opinion that the provision of  the Industrial Disputes Act [Section 36 (4)] debarring the lawyers from appearing before the Labour Court/Industrial Tribunal is unconstitutional being violative  of  Articles 14   and 19(1)(g)   of   the   Constitution  of  India. This is  because industrial law has become...