Employee's Status Determined by Nature of Duties, Not Designation : Calcutta High Court
Employee's Status Determined by Nature of Duties, Not Designation : Calcutta High Court
  • Case Name: Swarnakshar Prakasani Pvt. Ltd. v. State of West Bengal

The Calcutta High Court dismissed a writ petition challenging the tribunal's ruling that an accountant, Mr. Chatterjee, qualified as a 'workman' under the Industrial Disputes Act, 1947.

The Court noted that the main factor under Section 2(s) of the Industrial Disputes Act, which determines workman status, is not an employee's designation but the nature of his duties.

The tribunal ruled that Chatterjee's tasks were clerical and that he did not exercise managerial or supervisory powers.

The court upheld the tribunal’s classification of him as a 'workman' and further directed the tribunal to adjudicate the dispute.

Court Order / 7 days ago

 Prashansa

Allahabad HC Dismissed the Plea Alleging Judges Use Court Staff as Domestic Servants
Allahabad HC Dismissed the Plea Alleging Judges Use Court Staff as Domestic Servants
  • Case Name: Anjuman Himayat Chaprasian Sangh UP vs State of UP

The Allahabad High Court dismissed a petition by Anjuman Himayat Chaprasian Sangh UP, which alleged that class IV employees in Uttar Pradesh's district courts were being forced to work as domestic servants for judicial officers.

The Court found the Petition not maintainable, as the association's bylaws did not authorize legal proceedings on behalf of its members. 

The Court also noted that the employees assist judicial officers by transporting files and materials, which cannot be considered forced labour. 

The petitioners were advised to raise individual grievances, as the association lacked the authority to file the writ petition.

India Legal / 28 days ago

 Khushi jain

Supreme Court Orders Regular Pay to Part-Time Sweepers on Regular Sanctioned Posts
Supreme Court Orders Regular Pay to Part-Time Sweepers on Regular Sanctioned Posts
  • Case Name: Rakesh Kumar Charmakar & Ors. V State of Madhya Pradesh & Ors.

The Supreme Court ruled that part-time sweepers appointed temporarily to regular sanctioned posts are entitled to regular pay, rejecting the State’s argument that their temporary status disqualifies them.

The Court held that designation as 'part-time' does not affect the validity of their appointment, as they were recruited against sanctioned posts.

Since the Appellant sweeper completed three years of service per the requirement of Clause 6 circular of 1984, the lack of a screening committee by the state does not bar him from claiming regular pay. 

The Division Bench's ruling which disqualified them was overturned, restoring the Single Bench's decision in favor of the Appellant sweeper.

Court order / a month ago

 Chetna Gupta