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Labour law

THE ESI CORPORATION versus M/S. RADHIKA THEATRE

The amendment inserting Sub-section (6) in Section 1 of the ESI Act with effect from 20.10.1989 means that on and after that date every factory or establishment to which the ESI Act applies is governed by the Act irrespective of the number of persons employed; accordingly demand notices for the period post 20.10.1989 are valid and the amended provision is not being applied retrospectively to that period.

Source excerpt

  • Section 1(6) esi act
  • Retrospective application of statutes
  • Demand notices under esi act
  • Interpretation of beneficial legislation
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Labour law

IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS versus IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS

Because several States/Union Territories had failed to achieve prescribed targets for registration of unorganised workers on the NDUW/eShram portals despite centralised systems, the Court directed those States to cooperate with the Union Ministry of Labour and Employment and to complete registration within six weeks; further, noting that NFSA coverage is based on the 2011 census and that population has increased, the Court directed the Union to consider a formula or policy (including population projections for 2011-2021) so that NFSA benefits are not unduly restricted and to file a response.

Source excerpt

  • Migrant labour
  • Unorganised workers registration
  • Eshram portal
  • National food security act, 2013
  • One nation one ration card
  • Right to food
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Labour law

ASST. PROVIDENT FUND COMMISSIONER EPFO, BAREILLYM/S U.P. STATE WAREHOUSING CORP. & ANR. versus M/S U.P. STATE WAREHOUSING CORP. & ANR.

The High Court erred in relying on findings from proceedings under the Industrial Disputes Act to decide a matter under the Employees Provident Funds Act. The definition of 'employee' under Section 2(f) of the PF Act must govern liability for statutory contributions. Any prior findings under the ID Act concerning employer-employee relationship are not determinative for PF Act proceedings. The matter requires fresh adjudication by the High Court in view of the PF Act definitions.

Source excerpt

  • Definition of employee under employees provident funds act
  • Relationship of employer-employee
  • Application of industrial disputes act findings to pf act proceedings
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Constitutional law

DR. ASHWANI KUMAR versus UNION OF INDIA & ORS.

The Supreme Court recognized that the right to life under Article 21 must be interpreted expansively to include the rights of elderly persons to live with dignity, to shelter, and to health. The statutory rights provided by the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 must be strictly implemented by the Central and State Governments. Directions alone will not fulfill these mandates, therefore a continuing mandamus was issued, and initial directions given to ensure recognition and enforcement of elderly rights.

Source excerpt

  • Fundamental rights
  • Pension rights
  • Elderly welfare
  • Right to health
  • Right to shelter
  • Right to dignity
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Constitutional law

SWARAJ ABHIYAN (VI) versus UNION OF INDIA & ORS.

The Central and State Governments are jointly responsible for ensuring timely payment of wages and compensation under the Act. Fixation of 'approved labour budget' is not arbitrary but backed by statutory provisions. Administrative delays cannot justify withholding wages or compensation, and the authorities must prepare an urgent, time-bound programme for wage and compensation payments.

Source excerpt

  • Implementation of mahatma gandhi national rural employment guarantee act, 2005
  • Delay in payment of wages
  • Approved labour budget
  • Compensation for delayed wages
  • Role of central and state governments
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Labour law

EMPLOYEES STATE INSURANCE CORPORATION & ANR. versus MANGALAM PUBLICATIONS (I) PRIVATE LIMITED

Interim relief paid by the respondent to its employees stems from terms of settlement forming part of the contract of employment and is not a 'gift' or ex gratia payment, but 'wages' as defined under Section 2(22) of the ESI Act, not falling within the exclusions under clauses (a) to (d), thereby making the employer liable to pay ESI contribution on such payments.

Source excerpt

  • Wages under employees' state insurance act
  • Liability of employer to pay esi contribution
  • Interpretation of 'wages' under s.2(22) esi act
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Constitutional law

SWARAJ ABHIYAN (V) versus UNION OF INDIA & ORS.

States and Union Territories are constitutionally and statutorily obligated to establish and make functional Grievance Redressal Mechanisms, independent District Grievance Redressal Officers, State Food Commissions, Vigilance Committees, and social audit protocols under the National Food Security Act, 2013. The Union must actively direct and monitor compliance, and notify rules to ensure transparency and accountability in implementation. Judicial directions are necessary given persistent non-implementation after repeated prodding.

Source excerpt

  • Implementation of national food security act, 2013
  • Co-operative federalism
  • Grievance redressal mechanisms
  • Social audit
  • Vigilance committees
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Constitutional law

SWARAJ ABHIYAN - (ILL) versus UNION OF INDIA & ORS.

There is no formal cap on funds, but delays in wage and material payments constitute a breach of statutory and constitutional rights under MGNREGS. The State and Central Governments are directed to ensure realistic budgeting, timely fund release, and immediate establishment of monitoring councils.

Source excerpt

  • Public interest litigation
  • Mgnregs implementation
  • Budgetary allocation
  • Delayed wage payments
  • Scheme monitoring
  • Central and state employment guarantee councils
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Labour law

THE BANGALORE TURF CLUB LTD. versus REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION

A race-club conducts organised and systematic commercial activities by providing entertainment and services to the public for consideration and thus falls within the scope of 'shop' as per the ESI Act and related notifications. The expansive interpretative approach ensures the Act's welfare objectives are fulfilled. Similarly, chit funds, by rendering services and receiving commission, are also 'shops' for the Act's purpose.

Source excerpt

  • Employees' state insurance
  • Interpretation of 'shop' and 'establishment'
  • Applicability of welfare legislation
  • Definitions under employees' state insurance act, 1948
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Constitutional law

SAFAI KARAMCHARI ANDOLAN & ORS. versus UNION OF INDIA & ORS.

Due to the intervention and directions of the Supreme Court, the Government brought into force the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The Act fully covers the field, and the Court directs all States and Union Territories to implement its provisions, ensure rehabilitation and welfare measures, and award compensation to families of sewer deaths. No further monitoring by the Supreme Court is required; aggrieved persons should approach the appropriate authorities or the High Court.

Source excerpt

  • Prohibition of manual scavenging
  • Enforcement of fundamental rights
  • Untouchability abolition
  • Implementation of statutory schemes
  • Rehabilitation of manual scavengers
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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