The principles of natural justice have been a fundamental part of the legal system in India and have been consistently upheld by the Supreme Court of India in its various decisions. The Indian Constitution guarantees the right to a fair trial and due process of law, which includes the principles...
The Supreme Court of India has delivered several landmark judgments in response to the breach of principles of natural justice. Some of the leading decisions of the Supreme Court in this regard are: Maneka Gandhi v. Union of India (1978): In this case, the Supreme Court held that the right to a...
Question: Whether departmental enquiry can be initiated on the basis of preliminary enquiry? There was a quarrel and misbehaviour of some police personnels on the issue of detailment of duty. In the heat of the quarrel some policemen became violent and started to pleting stones. The then SP...
Question: Can the department stay the disciplinary proceeding until the conclusion of the criminal case? I am facing a departmental inquiry. The department has lodged a first information report against me on the same allegation as made in the disciplinary proceeding. Both cases are running...
Question: Can the department carry on the departmental enquiry even after acquittal in the criminal case which was filed on the basis of the departmental proceeding. I am working as an executive engineer in the Public Works Department. When I was posted in XXX some tenders were issued in respect...
Mrs. Aisha was a science teacher at the local high school, and she had been working there for over a decade. She was known for her dedication to her students, and her classes were always engaging and informative. However, in the last few months, Mrs. Aisha had been absent from school frequently,...
In India, the following is a list of key labor laws that are in force: The Industrial Disputes Act, 1947: This act provides for the resolution of industrial disputes through conciliation and arbitration. The Contract Labor (Regulation and Abolition) Act, 1970: This act regulates the employment of...
In Indian labor laws, if an employer terminates an employee's employment in a manner that is deemed to be wrongful or in violation of the terms of the employee's contract of employment or labor laws, the employee may be entitled to claim damages for the loss suffered as a result of the...
The principle of "no work, no pay" is a fundamental principle of labor law in India, which holds that an employee is not entitled to be paid for any period of time during which they are absent from work without a valid reason. This means that if an employee is absent from work, either voluntarily...
The Payment of Wages Act, 1936 is an important piece of legislation in India that governs the payment of wages to employees in certain industries and types of employment. Some key points of the act are: Coverage: The act applies to employees in factories, railways, and certain other specified...
The legal consequences of an employee's absence from work in India will depend on the specific circumstances of the case, as well as the terms of the employee's contract and the applicable labor laws. Attendance and Punctuality: Most employment contracts in India contain provisions relating to...
In India, the standard overtime pay is governed by the Payment of Wages Act, 1936 and the Minimum Wages Act, 1948. As per these acts, the overtime rate for an employee is generally equal to their regular rate of pay multiplied by 1.5. For example, if an employee earns a regular rate of pay of INR...
An employee can claim various forms of compensation from an employer, depending on the circumstances. Some common forms of compensation that an employee may be entitled to claim include: Wages and salary: An employee is entitled to receive the agreed-upon wage or salary, including any bonuses or...
A work contract is a written agreement between an employer and an employee that outlines the terms and conditions of employment. This can include job duties, compensation, benefits, working hours, termination policies, and other important details related to the job. Work contracts serve as a...
Question: I am facing a departmental inquiry without furnishing a copy of the preliminary investigation report. No charge sheet was served upon me. The department is appointed an inquiry officer to conduct the departmental inquiry. Now the problem is that I have no information about the...