employee Archives | SCC Times

“Transfer an incidence of service; can’t be challenged without prejudice”; Rajasthan High Court refuses to interfere with transfer order

“An employee on the strength of the transfer policy cannot claim that he cannot be transferred in any manner whatsoever, even when no prejudice has been caused to him.”

Case Briefs High Courts

Calcutta High Court upholds RBI’s Executive Intern’s right to maternity benefits despite contractual limitations

Calcutta High Court noted that as per Section 5(1) of the Maternity Benefits Act, 1961, every woman is entitled to, and her employer shall be liable for, the payment of maternity benefits.

Case Briefs High Courts

Delhi High Court directs compensation to wife of deceased based on Good Samaritan principle

The Good Samaritan law states that a person who chooses to take steps to aid a person a distress should not be harassed for showing kindness and if in the process the Good Samaritan suffers some injury or fatal consequence, the law must come to his rescue.

Case Briefs High Courts

Employee cannot be penalized for employer’s failure to deposit TDS: Delhi High Court

“If petitioner is able to obtain any amount of money towards tax deducted from his income at source for Assessment Years 2009-10, 2011-12 and 2012- 13 from his employer, the same shall be deposited by him with the revenue.”

Case Briefs High Courts

‘In accordance with Article 16(5) of Constitution’; Andhra Pradesh High Court upholds termination of employee from service who ceased to be a Hindu

“Petitioner is conscious of the fact that he is a Christian and his marriage is with a Christian lady and the marriage is solemnized in a church as per the Christian rites and church formalities.”

Case Briefs High Courts

“Court cannot shut its eyes when it has been proven that employees were posted on basis of political pressure on employers”: Karnataka HC observes

“Any action of transfer based on political pressure brought by any employee for being posted to a particular place is not only required to be annulled, but such an employee cannot be granted the requested posting”.

Foreign Legislation Legislation Updates

US- California | Governor signs law of mandatory bereavement leave

On 29-09-2022, Governor Newsom signed AB 1949, which creates protected bereavement leave under the California Family Rights Act (CFRA). As

Case Briefs High Courts

“An Award of the Labour Court without any fundamental flaws, does not invite a High Court’s interference”; Gujarat HC dismisses petitions by employees of Indian Petrochemicals Corporation regarding the company’s Voluntary Retirement Schemes

Gujarat High Court: The instant petitions came up before the Court challenging the Award of the Labour Court, Vadodara, whereby which it

Case Briefs Foreign Courts

Employee or Independent Contractor? Supreme Court of New Jersey decides the issue for East Bay Drywall, LLC; holds that workers were misclassified

“A business practice that requires workers to assume the appearance of an independent business entity — a company in name only — could give rise to an inference that such a practice was intended to obscure the employer’s responsibility to remit its fund contributions as mandated by the State’s employee protections statutes”

Case Briefs High Courts

Is an Employee entitled to disability compensation under Employees’ Compensation Act in absence appointment letter, identity card, attendance card, etc. ? Delhi HC decides

Delhi High Court: Manoj Kumar Ohri J. dismissed the petition as the employer-employee relationship was established by a witness before the court

Case Briefs High Courts

Tri HC | Employer harassing employee by not releasing gratuity and leave encashment; Appeal allowed

Tripura High Court: Arindam Lodh, J. while noting that there were no legitimate grounds to deny the employee of gratuity and other

Case Briefs Tribunals/Commissions/Regulatory Bodies

Will compensation paid by an employee to an employer for resigning from service without giving requisite notice, fall under taxable service? CESTAT decodes

Customs, Excise & Service Tax Appellate Tribunal, Bangalore (CESTAT): The Coram of S.K. Mohanty (Judicial Member) and P. Anjani Kumar (Technical Member)

Case Briefs High Courts

If there is a delay in payment of gratuity, whether interest on delayed gratuity will be mandatory or discretionary? Guj HC decides

Gujarat High Court: Biren Vaishnav, J., reiterated that, interest on delayed payment of gratuity is mandatory and not discretionary. The petitioner had

Op Eds OP. ED.

EPFO’s Approach to NEEM Trainees — A Legal Conundrum

by Sridhar Rajagopalan*

Case Briefs High Courts

If service of an employee at his superannuation is less than ten years, then previous temporary or officiating service needed to be counted for qualifying service for pension: Bom HC

Bombay High Court: The Division Bench of R.D. Dhanuka and S.G. Mehare, JJ., expressed that, for condoning the interruption in service, the

Case Briefs High Courts

Can an employee claim promotion as a matter of right? Madras HC elaborates

Madras High Court: S.M. Subramaniam, J., expressed that employees cannot seek any direction to fill up the post or claim a promotional

Case Briefs

Expression of a victim’s trauma or experience is his/her fundamental right which can only be curtained if it falls under 4 broad categories: Read on to know categories | Alleged sexual harassment case of a ScoopWhoop employee

Patiala House Courts: Preeti Parewa, SCJ/CCJ/ARC, NDD, while addressing the alleged case of sexual harassment against the CEO of ScoopWhoop, wherein it