Maharashtra: Mumbai Labour Court directs BEST to pay gratuity, says cash crunch no reason for non-payment
30 March 2021: Mumbai Labour Court directed BEST to pay employees their rightful gratuity along with 10% interest for the delay. The court held that financial crisis or revenue loss is no reason for the non-payment of gratuity, and that gratuity is the right of employees as a reward for their long meritorious service.
Karnataka: Employers must pay gratuity to employees immediately upon cessation of employment, orders High Court
27 March 2021: Karnataka High Court ordered that the payment of gratuity does not depend upon the employee filing an application before the employer demanding gratuity. Rather it is the responsibility of the employer to pay gratuity to the employee within 30 days after the cessation of his/her employment. While hearing the matter Justice M. Nagaprasanna rejected the contention put forward by employers that an employee is required to make application for payment of gratuity. The court further directed the employers to pay gratuity to the employee along with interest to account for the years of delay in payment.
Assam: Guwahati High Court stays wage hike for tea workers due to petitions by Tea companies
10 March 2021: Guwahati High Court ordered the State government to not take any action against the Indian Tea Association and 17 tea companies for not paying the enhanced wages for tea plantation workers until a legal challenge to the wage hike is disposed of. The Assam Labour department had notified an interim wage hike of Rs. 50 on February 23 in the poll-bound state which was subsequently challenged on grounds of illegality. The High Court’s decision will adversely affect a large number of workers as these 17 tea companies, own 90% of around 800 tea estates in Assam.
Kerala: High Court rules against regularization of temporary government employees
09 March 2021: A division bench of the Kerala High Court ruled that the service of temporary government employees cannot be regularised. Justices A K Jayasankaran Nambiar and Gopinath P referred to the Supreme Court’s judgement in State of Karnataka and Others versus Uma Devi and Others while announcing the verdict. The bench was hearing an appeal challenging a previous judgement of the court which rejected the plea of two employees of the Institute of Human Resource Development under the State government seeking regularisation of their services.
Maharashtra: Labour Court orders owner and insurance company to pay compensation to auto driver who met with a road accident while employed by the owner
08 March 2021: A Mumbai Labour Court ordered an auto rickshaw owner and an insurance company to jointly pay compensation of over Rs. 15 lakhs to an auto driver who met with a road accident in 2013 during employment with the owner. The compensation included 12 per cent interest per annum since the time the plea for compensation was filed. The court also ordered the owner of the auto to pay a penalty of Rs. 4 lakhs for not paying the compensation to the driver within a month of the accident which reduced his earning capacity by 87% as found by the Labour Court.
Kerala: Nurses association moves Kerala High Court against salary cuts, delays in disbursement of allowances
03 March 2021: The United Nurses Association moved the Kerala High Court against an order of the District Program Manager, Arogyakeralam, Malappuram limiting the monthly salary of staff nurses to the number of days worked in a month which the order also capped at 27 days per month. The order ultimately forces nurses to work the entire month without any leave to earn a salary for a maximum of 27 days. The petition also pointed out delays in disbursement of salary allowances despite the concerned authorities having received the funds. The court has issued notices to the state and central authorities seeking their response.
