Service -- Banking service - Re-fixing of salary - Decision making process - Decision of Standing Committee is a part of decision making in respect of salary payable to employees of Banks - Employee of a Bank has no right that he should be associated with decision making process in respect of fixation of salary - However, if question of reasonableness of salary arise, then..........
Employee's State Insurance Act, 1948, Section 2(9) -- Employee - Director of Company who received remuneration come within purview of `employee' u/s 2(9) of the Act...........
Service -- Writ jurisdiction - Enforcement of personal contractual rights - No writ lies at the instance of any employee or employer for claiming enforcement of any personal contractual rights inter se the employee and his employer. (Constitution of India, 1950, Art.32)...........
Arbitration and Conciliation Act, 1996, Section 12(5) -- Appointment of Managing Director as Arbitrator - Challenge as to - Agreement between parties was entered into in 2000 and arbitration proceedings commenced way back in 2009 - Provisions of amendment Act of 2015 thus, not applicable to arbitral proceedings, which prohibits employee of one of parties from being an..........
Employee's Compensation Act, 1923, Section 3, 30 -- Fatal accident - Compensation - Deceased was 42 years of age at the time of accident and was driver of public bus - He met with an accidental death as he fell off the roof of the bus accidentally - Deceased was present on the fateful day not by choice but by compulsion and necessity, because of nature of his duties - It..........
Service -- Parity of pay - Classification - If classification has reasonable nexus with objective sought to be achieved, it would be justified in prescribing different pay scales - Article 14 of the Constitution of India would be applicable only when a discrimination is made out between persons who are similarly situated and not otherwise - It is duty of an employee..........
Industrial Disputes Act, 1947, Section 11A -- Re-instatement - Termination of services - Respondent worked as daily wager or muster role employee hardly for few years - Dispute was raised by respondent before Labour Court almost after 15 years of his alleged termination - Respondent thus, had no right to claim regularization - It would be just, proper and reasonable to..........
Arbitration and Conciliation Act, 1996, Section 15, 16 -- Arbitrator - Removal - Appointment of former employee of State as arbitrator - Objection - Act does not disqualify a former employee of State over 10 years ago from acting as an arbitrator, provided that there are no justifiable doubts as to his independence and impartiality - Even otherwise, appointment made prior..........
Industrial Disputes Act, 1947, Section 25H -- Re-employment - Regularization of an employee already in service does not give any right to retrenched employee so as to enable him to invoke S.25-H of the Act for claiming re-employment in services...........
Industrial Disputes Act, 1947, Section 25H -- Re-employment - Respondent's termination was held illegal and he already accepted the compensation awarded to him in lieu of his right of re-instatement in service - S.25-H of the Act thus, have no application to case, as it is not a case of retrenchment of respondent from service as contemplated u/s 25-H of the Act - More so,..........
