Search Results for "employee definition"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "employee definition"

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High Court

Bombay High Court Upholds Gratuity Orders Against IIT Bombay in Contract Labour Case — Principal Employer Liable Under Payment of Gratuity Act, 1972. IIT Bombay held liable for gratuity of contract labourers despite absence of direct employer-employee relationship, as the definition of 'employer' under Section 2(f) of the Payment of Gratuity Act, 1972 includes the person who has ultimate control over the affairs of the establishment.

4 Oct 2024

The Indian Institute of Technology, Bombay (IIT Bombay) filed three writ petitions challenging orders of the Controlling Authority and Appellate Autho...

Supreme Court

Supreme Court Partially Upholds Section 10(26AAA) of Income Tax Act, 1961 in Sikkim Tax Exemption Challenge. Gender-Based Proviso Denying Exemption to Sikkimese Women Marrying Non-Sikkimese Struck Down as Unconstitutional.

13 Jan 2023

The judgment concerns a writ petition under Article 32 challenging the constitutional validity of Section 10(26AAA) of the Income Tax Act, 1961, which...

Supreme Court

Supreme Court Dismisses Petition Challenging OROP Policy Implementation for Ex-Servicemen. Periodic Revision Every Five Years Upheld as Not Arbitrary Under Articles 14 and 21 of the Constitution of India.

16 Mar 2022

The dispute arose from a petition under Article 32 of the Constitution challenging the implementation of the One Rank One Pension (OROP) policy for ex...

High Court

Bombay High Court Allows Appeal in Unfair Labour Practice Case — Employer's Failure to Rebut Evidence Leads to Reinstatement with Back Wages. Retrenchment Without Compliance with Sections 25-F and 25-G of Industrial Disputes Act, 1947 Constitutes Unfair Labour Practice Under Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

30 Sep 2021

The appellant, Rajkumar Mohod, was employed as a machine operator with Goenka Vineer Pvt. Ltd. since 1994, earning Rs.53 per day. He claimed to have c...

Supreme Court

Supreme Court Allows ESI Corporation's Appeal in Directors' Remuneration Case — Directors Receiving Remuneration Held to Be 'Employees' Under ESI Act. The Court ruled that Directors of a company who receive remuneration for services rendered fall within the definition of 'employee' under Section 2(9) of the Employees' State Insurance Act, 1948, and contributions are payable on such remuneration.

5 Feb 2019

The case involves an appeal by the Employees' State Insurance Corporation (ESIC) against a judgment of the Madhya Pradesh High Court, which had upheld...

High Court

Bombay High Court Dismisses Petition by Principal Employer Challenging Gratuity Liability for Contractor's Employees. Principal Employer Held Liable Under Section 7 of Payment of Gratuity Act, 1972 for Gratuity of Contractor's Workmen When Contractor Fails to Pay.

5 Jan 2017

The petitioner, Cummins (I) Limited, an engineering company, challenged a common order dated 30 May 2003 passed by the Controlling Authority under the...

High Court

Bombay High Court Allows Gratuity and Leave Encashment to Resigned Government Employees — Distinguishes Resignation from Voluntary Retirement Under Payment of Gratuity Act, 1972 and Maharashtra Civil Services Rules. Resignation after 10 years of service qualifies for gratuity under Section 4 of Payment of Gratuity Act, 1972, and Rule 66(3) of Maharashtra Civil Services (Leave) Rules, 1981 is invalid for denying leave encashment on resignation.

20 Jun 2014

The Bombay High Court, in a group of three writ petitions under Article 226 of the Constitution of India, considered the challenge by government emplo...

High Court

Bombay High Court Dismisses Employer's Writ Petition in Bonus Dispute Under Amended Section 12 of Payment of Bonus Act, 1965. The court upheld the Industrial Court's finding that denial of bonus based on Rs.3,500 salary limit constitutes an unfair labour practice under Item 9 of Schedule IV of MRTU & PULP Act.

18 Feb 2014

The petitioner, Babasaheb Kedar Shetkari Sahakari Sut Girni, a cooperative spinning mill, challenged the judgment and order of the Industrial Court, N...

High Court

Bombay High Court Dismisses Appeal by Agricultural Produce Market Committee in Subsistence Allowance Dispute — Model Standing Orders Applicable to APMC. The court held that the definition of 'industrial or other establishments' under Section 2(ii) of the Payment of Wages Act, 1936, includes the act of presenting agricultural produce, making the Industrial Employment (Standing Orders) Act, 1946 applicable to the APMC.

30 Jan 2013

The case involves a Letters Patent Appeal filed by the Agricultural Produce Market Committee (APMC), Nagpur, against the judgment of a Single Judge of...

High Court

Bombay High Court Dismisses Employer's Petition Challenging Gratuity Award to Principal. Teacher/Principal Held to Be 'Employee' Under Section 2(e) of Payment of Gratuity Act, 1972, Following Supreme Court Precedent.

21 Feb 2012

The petitioner, Vidarbha Youth Welfare Institution (Society), challenged the judgment and order dated 29-5-2010 passed by the Controlling Authority un...

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