Recent Court Decisions Favoring Management: How Are Labor Laws Shifting?

Recent Court Decisions Favoring Management

Please find management-favoring decisions by the court in the recent past. You may also notice the swift shift in the court's stance on various matters.

Regards,
AS

I am learning new words here, such as "writ certiorari" which is a court order requiring the court below to certify the existence of a case so it can be sent on appeal.

I have to study 22 chapters in 8 weeks and be ready for the final exam.

My textbook is called EMPLOYMENT AND LABOR LAW, 7th Edition, by Patrick J. Cihon and James Ottavio Castagnera.

Dear Cite HR,

My issue is that our hospital employees' union demands equal HRA and Conveyance allowance irrespective of their service or Basic in which they are placed. Is there any Court Ruling that allowances have to be equal irrespective of their services as they are all doing the same work? The Union cites Article 14 of the Constitution and demands equality in allowances. I would appreciate any Cite HR professional or member to apprise on the same.

Sridhar N

Principle of Equal Pay for Equal Work

For applying the principle of equal pay for equal work, mere volume of work shall not be relevant, as there is a qualitative difference in terms of liability and responsibility.

Ajmer Vidhyut Vitran Nigam vs. Naveen Kumar Saini, 2010 (127) FLR 819

For applying the principle of equal pay for equal work, the mere volume of work shall not be relevant as there is a qualitative difference in terms of liability and responsibility.

Ajmer Vidyut Vitran Nigam vs. Naveen Kumar Saini 2010 (127) FLR 819

Hi Sridhar,

You do not need to have any court decision for this. In most of the states, HRA is 5% of Basic & DA, under the House Rent Allowance Act of the concerned state. Under the IT Act, provisions are made only to provide tax benefits.

The Constitution of India has given you the right to fix anybody's salary within and above legal parameters, and nobody can question it. It is a fundamental right conferred to the employer.

Regards,

Hi Avinash,

It is nice to see your postings. However, using the phrases like 'Court's decision favoring employer' is not right, especially when you are referring to the Honorable Supreme Court of India! Please understand, the courts are duty-bound to provide justice within legal parameters and within the framework of the principles of natural justice. Making comments like this in a public forum may endanger your career.

Take care,
Sir