Category: Labour Law Updates

Tisa Padhy Introduction In the recent Rajasthan Rajya Vidyut Prasaran Nigam Limited vs. Anil Kanwari judgement of the Hon’ble Supreme Court, it was held that an employee who had made false declarations or suppressed vital personal information affecting the job profile is not entitled to continue in service by taking the plea of it being…

Srijan Mishra and Ronak Lodha A division bench of the Apex Court headed by Justice Ajay Rastogi has held that the employees are not estopped from challenging the terms and conditions of employment if it violates the statutory requirement. This was held in the Somesh Thapliyal Vs. Vice Chancellor, H.N.B. Garhwal University case wherein the…

Sohair Shamim Wani The amendment in the Labour Welfare Fund brought in force on 11th August, 2021 by the Labour and Employment Department of Gujarat omitted the Rule 3AA sub-clause 1(a) that states that “Every employer of an establishment shall maintain and preserve for a period of ten years – a register of wages in…

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Nikhil Thomas and Ronak Lodha The Supreme Court two-judge bench headed by Justice U.U. Lalit, by an order dated 24 August, 2021, referred the petitions challenging the Kerala High Court’s 2018 decision to set aside the Employees’ Pension (Amendment) Scheme 2014 to a larger three-judge bench for adjudication. WHAT NEEDS TO BE DECIDED BY THE…

Aabir Bhattacharya and Shriyadita Srivastava The Supreme Court in Re: Problems and Miseries of Migrant Labourers had directed the Central Government to develop the portal for registration under the National Database for Unorganised Workers (NDUW). In furtherance of the directions, the portal has been developed by the National Informatics Centre and is aimed at registering…

Chitransh Bhansali and Sohair Shamim Wani The objective of minimum wages is to safeguard workers from receiving meagre compensation for their work. Minimum wages ensure that everyone receives a fair and equal of their labour. Even the Directive Principles of State Policy under Article 43 of the Constitution of India states that, “The State shall…

Shriyadita Srivastava and Udhav Mittal Effecting of service refers to the delivery of a writ, summons, or other legal papers to the person required to respond to them.  The effecting of service is an essential step for the initiation of a lawsuit and for the court to assert its jurisdiction over the parties and the…