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

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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

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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

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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

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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

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Non-disclosure of Higher educational qualification, is not misconduct

In Bank of Baroda v. CGIT, the Punjab and  Haryana High Court had the opportunity to consider whether omitting to disclose information regarding higher academic qualification than required for the post of peon, whether, amounted to misrepresentation / misconduct. In … Continue reading

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‘Production linked incentives’, whether, wages?

Recently, the Kerala high court was  confronted with an interesting question whether ‘production linked incentives‘ can be considered as wages for determination of ESI contributions. In that case of ESI v Traco Cable Co. Ltd., the employer had bagged an … Continue reading

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