Tag Archives: Kerala High Court

Employees can elect whichever Provident Fund Organisation which according to them gives better benefits

The Kerala High Court in the case of Kerala State Co-operative Employees Pension Board v. C. D. Udayakumar and Others, declared an important right of employees to choose the Provident Fund Organisation of their preference. In the above case the employees … Continue reading

Posted in employees, Labour Law, Labour Law Kerala, Provident Fund | Tagged , , , , , , , , | Leave a comment

Notice (u/s 9A of ID Act) not required to correct a mistake in payment of salary

Section 9A of the Industrial Disputes Act refers to the steps that an employer should take before withdrawing any eligible benefits or altering service conditions of the workmen. In the case of Jossie V.E v. Flag Officer, employees were paid … Continue reading

Posted in Industrial Disputes, Labour Law | Tagged , , , , , | Leave a comment

Kerala State Administrative Tribunal : Controversies and Realities

In Kerala, the High Court is situated at Ernakulam, the commercial capital of the State, rather than its administrative Capital – Thiruvananthapuram. There is not even a High Court Bench at the State Capital of Thiruvananthapuram. This unique setup is … Continue reading

Posted in Political Opinion, Service Conditions, Service Law | Tagged , , , , , , , | 2 Comments

Protected workman – If union nominates a workman facing Disciplinary Proceedings

During the pendency of any Conciliation Proceedings, the Industrial Disputes Act, 1947, grants special privileges and protection to Office bearers of recognized Unions vide Section 33(3) & (4) of the Act. The Explanation to Section 33(3) defines a Protected Workman as a … Continue reading

Posted in Industrial Disputes Act, Labour Law Kerala, Long Term Settlements | Tagged , , , , , , , , , , , | Leave a comment

Law of Limitation in Labour Law

Non-applicability of Limitation Act to monetary claims under labour laws is a matter of general ignorance. In the case of  Nityanand M. Joshi v. Life Insurance Corporation of India & others, 1969 II LLJ 711(FB), the Supreme Court decisively held … Continue reading

Posted in Industrial Disputes Act | Tagged , , , , , , , , , , , , , , | 1 Comment