Tanishka Tomar & Devansh Malhotra INTRODUCTION In a decision titled “Mohammed Ali Abdul Samad Khan v. Dawood Mohd. Khati (FA No. 169 of 2014)[1]” Hon’ble Bombay High Court was confronted with an issue wherein, it was contended that the Insurance Company be absolved of its liability to pay compensation under the Employees Compensation Act, 1923…

Tarushi Tewari Introduction In the case of North Delhi Municipal Corporation v. Bal Kishan, the Division bench of Justice Rajiv Shakdher and Justice Talwant Singh in Delhi High Court dealt with a matter regarding full payment of wages to a workers even when proceedings against them are going on. Background The concerned workman made a…

Tarun Barskar and Jay Sharma Introduction A division bench of Justice MR Shah and Justice A.S. Bopanna examined significant issues relating to resignation and voluntary retirement in the recent judgment of Union of India and Others v. Abhiram Verma. In this post, we’ve made an attempt to explain what the Supreme Court ruled on the issues…

Sohair Wani and Jay Sharma Facts of the Case National Textile Corporation Limited (NTC) proposed a Modified Voluntary Retirement Scheme (MVRS/Scheme) to facilitate the voluntary retirement of Appellant’s employees and workers of M/s. New Victoria Mills and some other mills run by National Textile Corporation (Uttar Pradesh) Limited, Kanpur MVRS was proposed in response to…

Chitransh Bhansali and Prakhar Suryawanshi INTRODUCTION The Delhi High Court, in its recent judgement has upheld and heavily discussed the previously laid position of law that there cannot be a ‘compulsory retirement proof employee’. The hon’ble Court noted that the fundamental source of compulsorily retiring an employee of the Government is derived from “Doctrine of…

Nevadya Bhateja and Ronit Rampuriya Introduction The Supreme Court in its recent Judgment held that strict rule of evidence is not applicable to a departmental enquiry. The development took place in the case of Kanwar Amninder Singh vs. High Court of Uttrakhand wherein Kanwar Amninder Singh filed for the Special Leave Petition under Article 136…

Udhav Mittal and Tarushi Tiwari Recently, the Supreme Court observed that whether an employee has been able to discharge the burden that he was not gainfully employed after order of compulsory requirement or not is an issue which is to be decided in the facts of each case taking into consideration the entire material on…

Dr. Aabir Bhattacharya and Divyanshi Shukla Introduction The Andhra Pradesh High Court, in its recent judgment has laid down that provisions of the Minimum Wages Act, 1948 do not apply to a religious Math. The Court held that the power of the Commissioner does not extend to interfering with the secular activities of the Math.…