When the workman was not reinstatement at his last place of employment, it would be construed that order of reinstatement was not complied by the Management.
Author - Dr. Kamlesh Kumar Agrawal
Engaging contract labour in areas directly linked to production and manufacturing poses potential legal ambiguities. In such cases, there is a risk of claims for permanency rights or demand for equal wages. This not only raises legal concerns but also has the potential to disrupt industrial harmony.
Engaging contract labour and making compliance to ensure that it does not fall into sham or bogus category, organisations must pay serious attention on this aspect and provide regular training to HR to understand the complexities.
The Occipier when named as accused under Fcatories Act for commission of certain offences, sucu person can seek protection from personal appearance in lengthy court proceedings to prevent further distress.
Employer should take action and respond to the request of the union within the granted time about reconising protected wrmen. It is settled law that workmen, who are undesirable or dismissed on the ground of gross/major misconduct or facing trial for minor or major criminal offences can always be...