gudda bhaiya

Sub :- This case is based on Section 2(c) of the Payment of Gratuity Act Facts of the case :- 1. Respondent No.2 was a teacher in a school run by Ahmedabad Municipal Corporation. 2. He demanded gratuity under the Minimum Wages Act. High Court :- The High Court dismissed the demand. Supreme Court:- The Court held that 'workman' has been defined under Section 2(e) of the Payment of Gratuity Act, 1972. ' Workman' means any person including a trainee is also em- ployed in any industry to do any skilled or unskilled, manual, super- visory, technical or clerical work for fare or reward, whether the term of such employment are expressed or implied and they will all be known as workman who have been removed or discharged in connection with a dispute or as a result of dispute or who have been retrenched or the said dispute has arisen as a result of their removal, discharge or retrenchment. Whether an educational institution come under the category of an industry? The Court has k

  Ref : AIR 1982 SC 1480 Sub :- This case is based on a Public Interest Litigation on a subject related to the Bonded Labour System (Abolition) Act, 1976. Facts of the case :- 1. In the instant case, People's Union For Democratic Rights is an institution which has, through a letter, informed the Supreme Court that fundamental right and legal right of the workers engaged in the scheme of the Asiad Games are being infringed upon. 2. The contractor is giving wages to the workers by deduct- ing Rs. 1 as a commission at the time of payment of Rs. 7 to women and Rs. 8 to the men workers. 3. The institution stated that in this scheme, the workers are being made to work as bonded labour and they are not being paid even a minimum wages. 4. Supreme Court allowed this letter treating it as a writ under Article 32. Supreme Court :- At the time of hearing, the court held that the labour class of this country, what so ever sector they belong, they can directly or through a organisation, give an

 Ref : AIR 1978 SC 12 Sub :- This case is based on Section 5 of the Maternity Benefit Act, 1961 Facts of the case:- 1. A woman by the name of Sulbamal worked in an industry named Mount Stuart Estate which was related to planta- tion. 2. Sulbamal gave an application for maternity leave. The estimated period for delivery was 16-12-1967 and she deliv- ered the child on this very date. 3. Maternity benefit was given by way of salary for 72 work- ing days by the employer to the woman workman, but in this period Sunday being the holiday, was excluded by the employer. 4. Thus, being dissatisfied with the amount so provided, she filed an application before the employer in this regard. 5. It was demanded by the woman workman that she should be given full benefit of 12 weeks under the provisions of the Maternity Benefit Act, 1961 which is of full 84 days, not of 72 days because Sunday is also included in it. 6. But, she was denied of the payment of full 84 days by the employer. Trial Court:- T

1. H.K. Sharey - Industrial & labour laws in India (Prenctice-Hall) New Delhi. 2. I.A. Sayieed Labour laws, Himalyan Publishing Co. Nagpur 3. Reshma Arora Labour law, Himalyan Publishing Co. Nagpur 4. S.K. Mishra Labour and Industrial law Allahabad law agency H.N. 387, Sector 16-A Faridabad. 5. Taxmann Labour laws - Bare Act (Taxmann allied series, Allahabad) 6. S.C. Shrivastava Treatise on social security and labour laws EBC Lucknow. 9. Seth D.D. Commentaries on Industrial Act (Law publishing house Allahabad) 10. K.D. Shrivastava - Commentary of payment of wages act (1998) EBC Lucknow. 7. S.N. Mishra Labour & Industrial laws CLA Allahabad.  8 P.L. Malik Hand Book of Labour and Industrial laws, EBC Lucknow. 9 V.G. Goswami - Labour and Industrial laws, CLA Allahabad. 10. O.P. Malhotra The law of Industrial Disputes (1998) Universal Delhi. 11. P.K. Padhi -Labour and Industrial Laws, Prentice Hall of India Pvt. Ltd. New Delhi.

(1) The Employees' State insurance Act, 1948 (2) The Factories Act, 1948 (3) The Child Labour (Prohibition and Regulation) Act, 1 (4) The Maternity Benefits Act, 1961 (5) The Gratuity Act, 1972 Detail Course contents: (1) The Employees' State Insurance Act, 1948 -Preliminary (Definitions) (Sec. 1-2), Corporation, Standing Committee and Medical Benefit Council (Sec. 3-25), Finance and Audit (Sec. 26-37), Contributions (Sec. 38-45), Benefits (Sec. 46-59), Adjudication of Disputes and Claims (Sec. 74-83), Penalties (Sec. 84-86). (2) The Factories Act, 1948- Preliminary (Definitions) (Sec. 1-7), Inspecting Staff (Sec. 8-10), Health (Sec. 11-20), Safety (Sec. 21-41), Welfare (Sec. 42-50), Working hours of Adults (Sec. 51-66), Employment of Young persons (Sec. 67-77), Annual leave with wages (Sec. 78-84). (3) The Child Labour (Prohibition and Regulation) Act, 1986 - Preliminary (Definitions) (Sec. 1-2), Prohibition of Employment of Children in certain occupations and processes (Sec.

  हाल ही में एक पुलिस अधिकारी को मुंबई पुलिस आयुक्त ने बिना विभागीय जाँच के संविधान के अनुच्छेद 311(2)(b) के तहत सेवा से बर्खास्त कर दिया था। प्रमुख बिंदु: अनुच्छेद 311: अनुच्छेद 311 (1) कहता है कि अखिल भारतीय सेवा या राज्य सरकार के किसी भी सरकारी कर्मचारी को अपने अधीनस्थ प्राधिकारी द्वारा बर्खास्त या हटाया नहीं जाएगा, जिसने उसे नियुक्त किया था। अनुच्छेद 311 (2) के अनुसार, किसी भी सिविल सेवक को ऐसी जाँच के बाद ही पदच्युत किया जाएगा या पद से हटाया जाएगा अथवा रैंक में अवनत किया जाएगा जिसमें उसे अपने विरुद्ध आरोपों की सूचना दी गई है तथा उन आरोपों के संबंध में सुनवाई का युक्तियुक्त अवसर प्रदान किया गया है। अनुच्छेद 311 के तहत संरक्षित व्यक्ति: संघ की सिविल सेवा,  अखिल भारतीय सेवाओं और किसी राज्य की सिविल सेवा  संघ या किसी राज्य के अधीन सिविल पद धारण करने वाले व्यक्ति। अनुच्छेद 311 के तहत दिये गए सुरक्षात्मक उपाय केवल सिविल सेवकों, यानी लोक सेना अधिकारियों पर लागू होते हैं। वे रक्षाकर्मियों के लिये उपलब्ध नहीं हैं। अनुच्छेद 311 (2) के अपवाद: 2 (a) - जहाँ एक व्यक्ति की उसके आचरण के आधार पर

Ans. Difference between Lay-off and Retrenchment- following are the differences between lay-off and retrenchment 1. In lay-off the relation between the employer and t worker is continuously maintained but retrechment such a process whereby this relation between the emp loyer and the worker is breached and the continu comes to an end. 2. For lay-off it is not essential to give any information to th aggregate Government but for retrenchment it is essentia to give prior notice to the Government and preceden conditions have to be complied with. 3. Lay-off has a similar effect on all the employees an therefore all are similarly effected by if but retrenchmen has a specific principle and retrenchment according t that alone is considered constitutional or legal; tha principle has comprehensive acceptance. Retrenchmen should always be made on the principle: Last come firs go. 4. In lay-off there is no special provision for compensation but in retrenchment in almost every particular condition c

 Section 2(oo) lays down the provision in The Industrial Disputes Act, 1947, for Retrenchment- Section 2(oo) provides: 'Retrenchment' means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by the way of disciplinary action, but does not include- (a) voluntary retirement of the workman; or (b) retirement of the workman on reaching the age of super- annuation if the contract of employment between the employer and the workman concerned contains a stipula- tion in that behalf; or N (bb) termination of the service of the workman as a result of the non-removal of the contract of employment between sh the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or (c) termination of the service of a workman on the ground of continued ill-health. Causes of Retrenchment: Like lay-off the causes of Retrenchment are similar; just

1. Before the Court in addition to Industrial disputes, Civil Cases can also be presented and other judicial cases but in a Tribunal only industrial disputes can be decided.  2. Any effected person can institute a suit in the Court. In a Tribuanl only the appropriate Government can institute a case. 3. In the Court there is respectivity but contrary to it, it does not remain in a Tribunal. Their functions are Supplementary but the jurisdiction divided. 4. The judgements of the Court are binding for the Govern- ment but the Government fully or partly accepts the judgement of the Tribunal or can even amend it. 5. The Court is competent of getting its judgement enforced, whereas the Tribunal has means to get its own decision executed. Publication of its decision and its enforcement is the function of the Government itself. 6. A Court is judicial in the correct sense and therefore it has comparatively more powers than a Tribunal. A Tribunal can be called judicial in a few respects.

The Rights and Duties of the Compensation Commissioner are as follows- 1. Section 19(1) If any question arises in any proceedings under this Act as to the liability of any person to pay compensation (including any question as to whether a person injured is or is not a workman) or as to the amount or duration of compensation (including any question as to the nature or extent of disablement) the question shall, in default of agreement, be settled by a Commissioner. 2. Section 20(3) lays down: Any Commissioner may, for the purpose of deciding any matter referred to him for deci- sion under this Act, choose one or more persons posse- ssing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiry. 3. The Commissioner shall have all the powers of a Civil Court under The Code of Civil Procedure, 1908 (5 of 1908) for the purpose of taking evidence on oath (which such Commissioner is hereby empowered to impose) and of enforcing the attendance of

1. H.K. Sharey Industrial & labour laws in India (Prenctice-Hall) New Delhi. 2. I.A. Sayieed Labour laws, Himalayan Publishing Co. Nagpur  3. Reshma Arora Labour law, Himalayan Publishing Co. Nagpur 4 S.K. Mishra Labour and Industrial law Allahabad law agency Faridabad. 5. Taxmann Labour laws - Bare Act (Taxmann allied series, Allahabad)  6. S.C. Shrivastava - Treatise on social security and labour laws EBC Lucknow. 7. S.N. Mishra Labour & Industrial laws CLA Allahabad. 8. P.L. Malik Hand Book of Labour and Industrial laws, EBC Lucknow. 9. Seth D.D. Commentaries on Industrial Act (Law publishing house - Allahabad) 10 . K.D. Shrivastava - Commentary of payment of wages act (1998) EBC Lucknow. 11. O.P. Malhotra The law of Industrial Disputes (1998) Universal Delhi.  12.  V.G. Goswami Labour and Industrial laws, CLA Allahabad.  13. P.K. Padhi -Labour and Industrial Laws, Prentice Hall of India Pvt. Ltd. New Delhi.

The Employee's Compensation Act, 1923AN (Read Section 19 to 31)

Definition of Layoff A “layoff” means when an employer doesn’t offer a job to a worker whose name is on the worker list for their industrial business. This happens when the employer can’t provide work due to reasons like not having enough electricity, coal, materials, having too many goods in stock, machines breaking down, natural disasters or other good reasons. This definition is in Section 2(kkk) of the Industrial Disputes Act, 1947. Requirements for a Layoff To have a layoff: 1. The employer can’t provide work to the workers. 2. This inability to provide work should be due to a lack of electricity, coal, materials, excess stock, machine breakdown, a natural disaster or other valid reasons. 3. The worker’s name should be on the employer’s list of workers for their industrial business. 4. The worker shouldn’t have been fired. If a worker’s name is on the employer’s list and they show up for work but aren’t given work within two hours, they are considered laid off for that day. Simila

Workmen Compensation Act of 1923 is the first social security measure implemented in India to provide workers and their dependents relief for harm by accident that results in either death or disability. It is a fictitious employment extension, in accordance with the theory of notional extension of employment. And it is a presumed or fictitious extension of an employee's working period under specific conditions so that the employee may benefit from temporary advantages provided by various laws by the employer. Even if the employer is not present on the premises when the accident occurs, there are several situations when he is nonetheless responsible for the harm done to his employees under the Workmen Compensation Act 1923. WHAT IS THE SCOPE OF WORKMEN COMPENSATION ACT 1923? The scope of the Workmen's Compensation Act 1923 can be broadly categorized as follows: 1. Scope: When it comes to the employees that falls under this act, it covers full-time, part-time, temporary and perm