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Section 66 (1)(b) of Factories Act unconstitutional: Madras High Court

Section 66 (1)(b) of Factories Act unconstitutional: Madras High Court

Section 66 (1)(b) of the Factories Act prohibits employment of women in factories between 7 pm and 6 am. V Rajeswari, a worker of Viswabharathi Textiles Ltd, Vadamurai, filed a petition in the High Court challenging the constitutional validity of such a provision which not only infringes into the freedom of women to work but [...]

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Differential treatment does not necessarily violate Article 14 on Equality – Supreme Court

The Supreme Court, in its progressive approach and humility has again restrained itself from playing the role of a Godfather.
The grievance of the Transport and Dock Workers Union was that for employees recruited by the Mumbai Port Trust as Typist-cum-Computer clerks before November 1, 1996, duty was for six-and-a-half hours, whereas for those recruited after [...]

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Transfer is a right of the Employer

This is an interesting case of the Management using ‘transfer’ as a weapon against its derecognized Association Officer bearers. The Office bearers filed a writ in the Madhya Pradesh High Court challenging the Order of transfer stating that the transfer orders were passed in the wake of their Association being de-recognized and therefore the act [...]

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Gratuity of retired employees cannot be witheld

In a recent Madras High Court verdict, it was Ordered that no employer can withhold the Gratuity amount of a retired employee. The judge stated that Section 13 of the Act did not permit attachment of gratuity amount in execution of any decree or order of any civil, revenue or criminal court and added that [...]

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Salary wrongly fixed cannot be recovered.

In an interesting judgment by the High Court of Madras, it was held that salary once revised and paid cannot be recovered by the Employer in case where the employee has not misrepresented or suppressed any facts which resulted in the increase in the salary.
But the court has also added that the employer is free [...]

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For mis-appropriation of funds, there cannot be a lesser punishment than Dismissal

This is a case of a Bus-conductor who fought his case up to the Supreme Court against the orders of the Management of dismissing him from service. It was proved in the domestic enquiry that the bus conductor had not issued tickets to several passengers even after collecting the charges for the same.
Though it was [...]

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