Kerala: Firms not legally obligated to hire only registered headload workers, rules High Court
29 September, 2021: The Kerala High Court ruled that firms are not legally obligated to hire only registered headload workers, thereby allowing them to avoid hiring unionised workers.
According to the Kerala Headload Act and rules, firms can only hire workers legally registered as headload workers in that area.
Labour courts can’t overturn management’s dismissal of employee on mere hypothesis: Supreme Court
29 September, 2021: A Division Bench of the Supreme Court ruled that labour courts cannot overturn the management’s decision to dismiss an employee on “ipse dixit” or on mere hypothesis.
It overruled the reinstatement of a dismissed employee and placed restrictions on the powers of Labour Courts and Tribunals to provide relief to dismissed or discharged workmen under Section 11A of the Industrial Disputes Act 1947.
Reinstatement with full back wages not automatic in all cases of illegal termination: SC
21 September, 2021: The Supreme Court in a recent judgment has held that reinstatement with full back wages is not automatic in every case, where termination/dismissal is found to be not in accordance with the procedure prescribed under law. While the court stated that there wasn’t sufficient evidence against the employee, it only ordered for a lump sum to be paid, based on his years of service before the dismissal.
Gig workers approach Supreme Court seeking social security benefits from Zomato, Swiggy, Ola, Uber
20 September, 2021: Gig workers with Zomato, Swiggy, Ola and Uber have approached the Supreme Court seeking recognition as unorganised workers under the Unorganised Workers’ Social Security Act 2008 in order to avail its social security benefits.
They also stated that the State’s failure to recognise them as unorganised workers and provide social security benefits violated their fundamental rights — including the Right to Equality — the Right to Livelihood, the freedom to decent and fair work conditions.
Bihar: High court orders municipal workers to end strike, tells govt to fulfil demands in 8 weeks
14 Tuesday 2021: A Division Bench of the Patna High Court led by Chief Justice Sanjay Karol ordered municipal sanitation workers to end their indefinite strike and gave the government eight weeks to fulfil their demands.
Thousands of sanitation workers of Patna Municipal Corporation and other civic bodies across the state had gone on indefinite strike demanding an end to outsourcing, regularisation of jobs, pay hike, provident fund and financial benefits, according to the recommendation of Seventh Pay Commission.
Delhi: HC seeks Centre’s stand on plea against prohibition on strikes in essential defence services
16 September, 2021: A Division Bench of the Delhi High Court led by Chief Justice DN Patel sought the Centre’s response on a petition challenging State power to prohibit strikes in “essential” defence services and on imposition of stringent criminal consequences under the Essential Defence Services Act, 2021.
The petition, filed by defence sector employees, challenged the constitutionality of certain provisions of the Act, stating it violates Articles 14, 19 (1) (a), 19 (1) (c), 21 and 311 of the Constitution of India as well as international covenants accepted and ratified by India.