A collection of Judgements which are related to Service & Labour Law by Supreme Court of India and Delhi High Court.
In today’s fiercely competitive global market, businesses often employ various legal tools to safeguard their proprietary information and market position. Among these tools, the non-compete clause stands out as a critical mechanism embedded within employment contracts. This clause regulates the post-employment activities of employees, aiming to shield employers from potential harm that could arise from former employees joining competitors or...
A notice period is the duration of time an employee is required to continue working for their employer after they have formally resigned from their position, but before their employment officially ends. This period allows for a smooth transition, enabling the employer to find a replacement or make other necessary adjustments. Employee’s right to resign: In the case of Sanjay...
Sexual harassment is violent and abusive to a woman which restricts her to live her life with dignity. It extends to the immoral behaviour portrayed towards a woman. A woman who comes across such violent and immoral behaviour at any kind of workplace must be providedwith safe and secured environment and redressal mechanism to address such unethical behaviour. Since, sexual...
Delhi High Court Date of Judgement: 20.09.2016 During the course of the hearing, the learned counsel for the workman/petitioner was asked to show if there is any document to prove that the petitioner was ever paid any monies by the respondent or any other document to prove that there was an employer–employee relationship between the workman/petitioner and the employer/respondent, but no...
Supreme Court of India Date of Judgement: 29.06.2016 Deciding the question as to whether an employee of a Public Sector Undertaking can be considered to be ‘Public servant’ under Section 197 CrPC, the bench of Dipak Misra and Shiva Kirti Singh, JJ held that the protection by way of sanction under Section 197 CrPC is not applicable to the officers...
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...
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...
Supreme Court of India Date of Judgement: 11.07.2013 A government servant can raise any dispute regarding his service conditions or for payment of gratuity or GPF or any of his retiral benefits before any of the Forum under the Act. The government servant does not fall under the definition of a “consumer” as defined under Section 2(1)(d)(ii) of the Act. Such...
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...
