Costs in labour court
Costs in labour court
Can interim order passed with costs in labour court? Can one party(say petitioner) insist the court on putting costs if such situations arise?
3 years ago
A. Hi,
Then petitioner can make such requests, but the Judge has powers to grant or reject it.
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Ayantika Mondal @ Prime Legal
Interim relief in labour court
1) How interim relief work in labour court? 2)can we ask for it at any stage during trial? 3)Is there any separate section for it?
3 years ago
A. Hi,
1. Yes, you can request interim relief.
2. Yes, you can.
3. This power is inherently granted to all Labour Courts under the Industrial Disputes Act.
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Ayantika Mondal @ Prime Legal
REINSTATEMENT & RESIGNATIION
ON REINSTATEMENT ALL EARLIER RESIGNATION/OFFER TO RESIGN BECOMES NULL AND VOID. ONE CAN NOT BE REILEVED ASFTEr REINSTATEMENT WITHOUT FRESH RESIGNATION SUBMITTED AFTER REINSTATEMENT ONLY
3 years ago
A. Hi,
The normal practice is for a fresh resignation to be issued in case the re-employee wishes to leave. However, this would depend on the terms of the contract.
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Ayantika Mondal @ Prime Legal
Can a private company out an employee salary on hold whenever they want?
Hi, I am working in a private company which is located in Hyderabad. However, due to the pandemic, I was working from home. My employer asked me to resume work from office to which I agreed but asked
3 years ago
A. Hi,
Initially, you may visit the company and seek clarifications regarding the same.
However, more information is required to advice you properly.
Ayantika Mondal @ Prime Legal
Transfer of employee or workman whether an Industrial Dispute U/s.2(k) I.D Act
The employer has got prerogative right to place which employee/workman where, in which location, or which unit, etc. Question (i) Transfer of an employee or workman whether an can be raised as an Ind
3 years ago
A. Hi,
Yes, it can be construed as a dispute within the ambit of S.2(k) of the ID Act.
However, most employees are bound to obey the transfer orders as the same would be mentioned in their employment contracts.
Ayantika Mondal @ Prime Legal
Registration of a Trade Union- for workers of different employers- possible ?
A trade Union was registered to allow the regular employees as well as contract labour to admit as members in their union, where the workmen employed by different employers, different companies, i.e.
3 years ago
A. Hi,
Yes, it is legal for trade unions to allow such practices.
Ayantika Mondal @ Prime Legal
Locus standi of Regular employees Union to raise disputes of contract labour under I.D Act
There is a company called ABC Ltd, there are regular employees in that company, and there are also some contract labour in that company under XYZ Pvt Ltd. A Trade Union was registered with the name o
3 years ago
A. Hi,
If the employees of XYZ are members of the ABC trade union, then yes, they do have legal grounds to raise concerns and disputes about them.
Ayantika Mondal @ Prime Legal
Lay off chapter Section 25-C I.D Act applies to establishments below 50 workmen
There is a factory or mine having 25 to 30 workmen. Whether the Lay Off Chapter applies to such an establishment or not ? Questions (i) If Lay off chapter is not applicable, in such case, when the
3 years ago
A. Hi,
1. Yes, it would be applicable.
2. No, they cannot ask for full wages, but they are entitled to compensation for lay-off.
Ayantika Mondal @ Prime Legal
Lay Off Compensation whether payable after 45 days under I.D Act 1947
Once Layoff is declared, in a Factory or Mines, under Sec.25-C lay off compensation has to be paid. The law says that after 45 days of Lay off, the employer can go for retrenchment. The questions ar
3 years ago
A. Hi,
1. The general rule is that the workman must be paid for all days he is laid off, but if there is a clause in the employment contract stating that no compensation shall be paid after 45 days, then the employer is not bound to pay for more.
2. No, the need for notice is normally regarded as waived.
3. Yes, the sum can be deducted or adjusted according to the amount already paid.
Ayantika Mondal @ Prime Legal
Branch Manager whether employee under Shops & Estt Act
As per the Shops & Establishments act, the Branch Manager is the employer. But, in the Minimum Wages fixed for Shops & Establishments, there are minimum wages for Manager. Whether a Branch Manager, o
3 years ago
A. Hi,
As the law is ambiguous, the best thing to do in this case is to serve legal notice to the concerned party and file a civil suit for money recovery.
Ayantika Mondal @ Prime Legal
