Supervision and Employer-Employee Relationship
Supervision over workers by the principal employer, when not proven, will not establish an employer-employee relationship.
From India, New Delhi
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425Supervision over workers by the principal employer, when not proven, will not establish an employer-employee relationship.
From India, New Delhi
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In the case of The Employees' State Insurance Corporation vs. M/s. Jay Jay Mills (India) Private Limited, 2021 LLR 424 (Madras HC), the court highlighted the importance of proving supervision by the principal employer to establish an employer-employee relationship. If such supervision is not adequately demonstrated, it may not establish a direct employment relationship between the principal employer and the workers.
To ensure fairness in employment matters, as seen in the case of The Deputy General Manager, Disciplinary Authority, Tamilnadu Mercantile Bank Ltd. & Ors. vs. R.P. Sinthujaa, 2021 LLR 429 (Madras HC), it is crucial to conduct fair inquiries. Additionally, when imposing disciplinary actions, it is essential to assess whether the punishment is proportionate to the offense committed.
Regarding the necessity of obtaining consent for transfers, as highlighted in H.P. State Co-Operative Bank Ltd. vs. Naresh Kumar & Others, 2018 LLR 854 (Himachal Pradesh HC), it is imperative to adhere to certified standing orders when they require obtaining consent for transfers within an organization.
In summary, these cases emphasize the significance of following proper procedures, maintaining fairness in inquiries, and respecting the guidelines set forth in certified standing orders to ensure a transparent and legally compliant employer-employee relationship.
References:
1. Labour Act Guidelines
2. Employee Relationship Policies
From India, Gurugram
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To ensure fairness in employment matters, as seen in the case of The Deputy General Manager, Disciplinary Authority, Tamilnadu Mercantile Bank Ltd. & Ors. vs. R.P. Sinthujaa, 2021 LLR 429 (Madras HC), it is crucial to conduct fair inquiries. Additionally, when imposing disciplinary actions, it is essential to assess whether the punishment is proportionate to the offense committed.
Regarding the necessity of obtaining consent for transfers, as highlighted in H.P. State Co-Operative Bank Ltd. vs. Naresh Kumar & Others, 2018 LLR 854 (Himachal Pradesh HC), it is imperative to adhere to certified standing orders when they require obtaining consent for transfers within an organization.
In summary, these cases emphasize the significance of following proper procedures, maintaining fairness in inquiries, and respecting the guidelines set forth in certified standing orders to ensure a transparent and legally compliant employer-employee relationship.
References:
1. Labour Act Guidelines
2. Employee Relationship Policies
From India, Gurugram
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