Labour courts shifted from Karkardooma Court to Dwarka Court

Labour courts shifted from Karkardooma Court to Dwarka Court
Labour courts shifted from Karkardooma Court to Dwarka Court

The Delhi High Court has decided to shift all Labour Courts and an Industrial Tribunal from the Karkardooma district courts to the Dwarka district courts from November 6.

In a circular issued by the Delhi High Court Registrar General, it has been mentioned that besides eight Labour Courts and an Industrial Tribunal, two Central Government Industrial Tribunals (CGIT) have also been shifted to the Dwarka court in south west Delhi.

No reason has been cited in the circular for shifting of the labour courts.

“I am directed to inform you that in terms of the decision of the full court of this court (high court), eight Labour Courts, one Industrial Tribunal and two CGITs presently functioning in Karkardooma Court Complex are to be shifted to Dwarka Court Complex so as to make them functional with effect from November 6, 2017,” Delhi High Court Registrar General Dinesh Kumar Sharma said in the circular.

The circular also said that necessary steps be taken for shifting of these courts and to make them functional from Dwarka Court Complex from that day.

It also said that proper intimation of the shifting be given to the lawyers, litigants, labour department and all other stakeholders.

“It is also strictly ensured that no inconvenience is caused to the lawyers, litigants, department and other stakeholders,” it said.

All the labour courts, which were earlier functional in different courts, were shifted at one place at Karkardooma Court in East Delhi which started functioning from May 15, 1993.

( Source – PTI )

Labour court rejects driver’s claim for disability

Labour court rejects driver's claim for disability
Labour court rejects driver’s claim for disability

A permanent disability claim made by a 55-year-old driver from Bhiwandi taluka of the district has been dismissed by a Thane labour court.

The claimant, Madan Nagare, stated before Commissioner for Workmen’s Compensation P S Chandgude that his wife Asha Madan Nagare owned a tempo for which he worked as a driver and got a salary of Rs 8,000 per month.

He said that on July 13, 2010, he had parked the tempo on the roadside in Bhiwandi for some purchase when another vehicle came at a high speed and dashed against his vehicle, as a result of which he sustained severe injuries. He incurred heavy medical expenses and was rendered cent per cent disabled and lost his earning capacity, he said.

Nagare prayed for compensation along with 12 per cent interest and medical expenses. He filed the claim on his wife, the vehicle owner, and The New India Assurance Company Ltd.

The insurance firm contested the claim and argued that there was no employer-employee relationship between the wife and the injured and the vehicle did not meet with the accident.

The applicant was allegedly driving the tempo of his wife, and therefore he entered into the shoes of the insured (wife) and there was no employer-employee relationship. There was no privity of contract between the applicant and insurer, therefore he is not liable for compensation, it said.

Commissioner Chandgude noted that the appointment letter of Nagare dated 10.10.2009 was in English and signed by the parties in Devanagari. It is not understood that the applicant and his wife, who are unable to sign properly in Marathi, made the appointment letter in English. Moreover, the salary receipts are also written in English and signed by the applicant, but do not bear revenue stamp.

The receipts are written in English in the same handwriting and it appears that all were prepared on the same date from the same handwriting and the pen. Thus, these documents cannot be considered as strong evidence of employer-employee relationship, the commissioner held.

On the disability certificate issued by a doctor, the commissioner observed that he has clinically examined the patient, but not treated him, had not taken fresh X-ray and not maintained clinical notes. The doctor also did not assess the disability as per workmen’s compensation guidelines and did not mention the functional disability.

It appears that the certificate was given as per the say of the applicant which cannot be believed, he observed.

The applicant has not proved employer-employee relationship with his wife, has not proved that he was getting salary of Rs 8,000 per month and has not proved disability in earning capacity. Therefore, he is not entitled for compensation, Commissioner Chandgude said in a recent order.

( Source – PTI )

 

 

Mallya in trouble as Kingfisher pilots plan to move labour court

 Kingfisher chairman Vijay Mallya may found himself in trouble as Kingfisher pilots are planning to move labourr court. With the Kingfisher Airline management maintaining a stoic silence over the payment of salary dues, a section of its pilots are contemplating to drag the management to the labour court, sources said.

Vijay Mallya who is passing through tough time, is getting new and new problems every day. Financial weakness creating new problems for him. Kingfisher Airlines is currently facing heavy debts.

 “(Airline) Chairman Vijay Mallya’s communication to the employees conceals more than it reveals. While he claims over 75 per cent staff have been paid, he conveniently ignores the fact that he has still to pay four months’ salaries to them. Now we have come to a situation where we are left with no option but to move the labour court over the issue,” according to  airline sources.

 A group of pilots are in consultation with lawyers in this regard, they said, adding that they are likely to move the court some time this week.

 In the absence of a trade union at the airline for its nearly 1,700 employees, the pilots are planning to approach the court in groups, they said.

 Notably, none of the five private airlines have trade unions. A few years back, a group of Jet pilots had tried to form a union, but the move was nipped in the bud by the management.

 The debt-ridden airline has paid February salaries to around 75 percent of the staff, while the rest are yet to get their dues.

 “Unfortunately, the airline is keeping mum on when it will pay the salaries for March, April, May and June,” they said.

 Mr. Mallya, who shot off an emotional letter to his staff yesterday after a large number of its employees went on a strike leading to cancellation of over 40 flights, had said, “The commitment made by chief executive Sanjay Aggarwal and executive vice president Hitesh Patel regarding salaries recently have been met to the extent of 75 percent.”

 Mr. Mallya, however, gave no assurance by when the remaining salary dues would be cleared.

 He also asked the agitating employees not to talk to the media or “disgrace” the company saying it would affect the recapitalisation efforts.

 Reacting sharply to Mr. Mallya’s letter, some pilots had said there could not be a bigger disgrace to the company than defaulting on payments to its aircraft lessors, airport operators, oil marketing firms, the government, apart from the salaries of its employees.

 Meanwhile, Kingfisher Airline said that all its scheduled flights are operating normally.

 “All our scheduled flights will now be operating normally with immediate effect (July 15),” a Kingfisher airline spokesperson said.

 When asked whether the pilots had called off their agitation and airline had given any assurance that the remaining employees will be getting their February salaries on Monday, the spokesperson refused to offer any comments.

Labour court not authorised to direct regularisation

The Gujarat High court has ruled that a labour court or industrial tribunal has no jurisdiction to direct regularization of a person’s service if that person is recruited without a selection process in a local authority or public body.

Hearing a case of Mahuva Nagarpalika vs Jivrajbhai Sankaliya, a single judge bench of Justice K.S. Jhaveri set aside a tribunal order which directed the Nagarpalika to regularise the services of the respondent. It noted that services of a person, who is selected without the selection process, cannot be regularised.

In the judgment made available Monday, the court opined that the tribunal committed serious error by issuing directions of regularisation.

The court considered the judgment of a full bench of the ourt, in the case of Amreli Municipality v. Gujarat Pradesh Municipal Employees Union, 2004 (3) G.L.R. 1841, wherein the judges held that the powers of labour court or industrial tribunal to direct regularisation of services of workmen in a local authority or public body can be exercised subject to recruitment rules, availability of sanctioned posts and limits of budgetary provisions.

As per the case details, the respondent was a daily wager with the Nagarpalika and worked for several years but was not given permanency. The dispute was referred to the industrial tribunal which allowed the workman’s plea and directed the Nagarpalika to regularize his services.

Being aggrieved with the award, the Nagarpalika had challenged the said order in the high court.

Justice Jhaveri said long service put in by the workmen itself may not be a ground to regularise services of ad hoc/temporary workmen against the sanctioned set up without following statutory procedure of recruitment.

He said that at the most, the labour court/industrial tribunal can issue direction for consideration of absorption subject to availability of posts in the establishment.