The Supreme Court in D.K. Yadav vs. JMA Industries 1993 LLR 584 has held that if a workman remains absent without sanction of leave for eight or even more days, the employer cannot draw the presumption that the employee has abandoned his job on his own volition. Holding enquiry is imperative.
"Contractor Workers punch their attendance through biometric and the same is approved by section in-charge based on which salary will be processed. Noted instances where attendance of Contract Labour is not approved by the section in-charge but the salary is processed for the same"
At present by and large disciplinary procedure to conduct enquires are governed by judge made law. What is important is to bring a well-defined law taking the present aspects of disciplinary proceeding in place and reform it to make it more acceptable, short and creditable to the industry and...
Law pertaining to reinstatement and back wages is well settled. Reinstatement and back wages is not automatic on setting aside of the termination of service of the Workman by the Court.
Formation of an IC is not only the duty cast upon the employer. In many occasions it has been found that the IC lacks competence and competency to deal with a given situation. Hence, it becomes imperative upon the employer to educate, sensitize and train their IC members as to how an enquiry should...
The OSH Code has defined Core activity. Core activity has been defined as any activity for which the establishment is set up and includes any activity which is essential or necessary to such activity'. Further, the definition excludes eleven activities from the ambit of core activity of the...
To imbibe the philosophy of spirituality business needs to remember and indoctrinate the famous quote of Mahatma Gandhi: "Supposing I have come by a fair amount of wealth - either by way of legacy, or by means of trade and industry - I must know that all that wealth does not belong to me; what...
The Second National Commission on Labour recommended consolidation of central labour laws into broader groups such as: (i) industrial relations, (ii) wages, (iii) social security, (iv) safety, and (v) welfare and working conditions. Is then the Codes the ultimate answer to the long pending reform?