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Labour and industrial law

SUNIL KR. GHOSH & ORS. versus K. RAM CHANDRAN & ORS.

Workmen who refuse to give consent to work under a new employer after the transfer of an undertaking are entitled to retirement/retrenchment benefits in terms of the Industrial Disputes Act; management is bound to comply with the High Court's mandatory direction regarding payment unless challenged, and cannot compel workers to join transferee company against their will.

Source excerpt

  • Transfer of undertakings
  • Workmen's rights
  • Voluntary retirement scheme (vrs)
  • Retirement and retrenchment benefits
  • Industrial disputes act
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Banking law

INDUSTRIAL INVESTMENT BANK OF INDIA LTD. versus M/S JAIN CABLES PVF. LTD. & ORS.

The application filed by IIBIL under Section 40 of the Industrial Reconstruction Bank of India Act, 1984 for enforcement of its claim against the respondent is maintainable as Section 4(4) and Section 13(2)(b) of the 1997 Act expressly permit continuation and enforcement of such causes of action and arrangements by IIBIL.

Source excerpt

  • Transfer of undertakings
  • Enforcement of claims
  • Repeal and saving provisions
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Service law

RAM PRAVESH SINGH AND ORS. versus STATE OF BIHAR AND ORS.

There was no contractual, statutory, or equitable obligation upon the Bihar Electricity Board to absorb the employees of the Society after its liquidation; the Board did not enter any contract, nor does statute require absorption, and legitimate expectation is not enforceable as a right.

Source excerpt

  • Absorption of employees
  • Liquidation of society
  • Legitimate expectation
  • Termination and compensation
  • Transfer of undertakings
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Labour law

BHOLA NATH MUKHERJEE AND ORS. versus GOVERNMENT OF WEST BENGAL AND ORS.

Where a statutory undertaking is taken over and the purchase price suffices for employee dues, retrenchment compensation and claims must be paid out of that purchase price and not by the Board directly; with interrupted employment and fresh terms offered by the Board, employees cannot claim continuity or compensation from the Board under Section 25FF.

Source excerpt

  • Transfer of undertakings
  • Employee compensation
  • Retrenchment
  • Continuity of employment
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Labour and employment law

GURMAIL SINGH AND ORS. ETC. ETC. versus STATE OF PUNJAB AND ORS.

Appellants are entitled to count their past service with the Government for purposes of salary, length of service, and retirement benefits in the Corporation; however, this does not confer seniority over existing Corporation employees. The injunction to fairness under Article 14 obliges the State and Corporation to ensure that rights and equitable treatment follow from such transfers of undertaking.

Source excerpt

  • Retrenchment
  • Transfer of undertakings
  • Continuity of service
  • Seniority
  • Retirement benefits
  • Industrial disputes
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Labour law

BOARD OF DIRECTORS OF THE SOUTH ARCOT ELECTRICITY DISTRIBUTION CO. LTD. versus N. K. MOHAMMAD KHAN, ETC.

Employees whose service conditions became less favourable upon Government acquisition under the Madras Act are entitled to retrenchment compensation as per section 25FF of the Industrial Disputes Act. The Labour Court has jurisdiction under section 33C(2) to compute and enforce such compensation against the previous employer, even if the liability is disputed or denied.

Source excerpt

  • Retrenchment compensation
  • Government acquisition of undertakings
  • Jurisdiction of labour court
  • Transfer of undertakings
  • Industrial disputes
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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.

Source links and collection timestamps are retained alongside the indexed records.