Bombay High Court Upholds Employees' Right to Privilege Leave Encashment After Resignation

Bombay High Court Upholds Employees' Right to Privilege Leave Encashment After Resignation

Dattaram Atmaram Sawant & Anr. vs. Vidharbha Konkan Gramin Bank Bank; WP No. 12161/2019; Bombay High Court

The Bombay High Court reaffirmed the statutory right of employees to encash privilege leave even after resignation. The case involves two petitioners, who were long-serving employees of a Bank. After decades of service, both submitted their resignations and subsequently requested the bank to encash their accumulated privilege leave. The bank, however, refused their request, citing that the facility for encashment of privilege leave for employees who had resigned came into effect after the petitioners had tendered their resignations. Aggrieved by this decision, the petitioners approached the Bombay High Court seeking a writ of mandamus.

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NATIONAL NEWS:

Backlash against job quotas for locals in India's IT hub

Karnataka govt's controversial decision to introduce hefty job reservations for local candidates in the private sector faced a serious backlash from industry bodies and the business communities , forcing Chief Minister to retract, at least temporarily. Sometime towards the middle of July 2024, the Chief Minister released a message stating : “The job reservation bill for kannadigas , cleared by the State Cabinet on Tuesday, has been temporarily put on hold. “

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Centre seeks legal path for labour codes amid state opposition: Report

The Centre is hoping to build consensus on the long-pending Labour Codes. The Mansukh Mandaviya-led Union labour ministry has once again initiated talks with industry bodies and trade unions on a possible implementation of the Labour Codes in recent weeks.

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The Ministry Of Environment, Forest And Climate Change Circulates Drafts Proposing Amendments To Certain Environmental Laws; Seeks Comments

The Ministry of Environment, Forest and Climate Change (MoEF), along with the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) of each state administer and enforce environmental laws in India. Furthermore, a special tribunal, the National Green Tribunal (NGT), was established in 2010 to speedily dispose of cases relating to environment protection, conservation, and granting relief in environmental matters, which has taken a rather strict approach towards ensuring compliance with environmental law.

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Budget 2024 highlights: New employment-linked incentives for employees; ?1.48 lakh crore allocation for education, employment, skill

Finance Minister Nirmala Sitharaman, while presenting the Union Budget, unveiled 3 significant schemes under Employment Linked Incentives and announced a substantial allocation of Rs.1.48 crore aimed at job creation over the next five years.

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INTERNATIONAL NEWS:

Abu Dhabi fines private firm Rs 22 crore for fake employment

The Abu Dhabi Misdemeanor Court has levied a hefty fine of Dirham 10 million (approximately ?22 Crore) against a private company for failing to meet employment standards. This ruling underscores the importance of compliance with labor regulations in the UAE. Such measures aim to protect job seekers and uphold the integrity of employment practices in the region

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UAE Government amends provisions of law on Anti-Money Laundering and Combating Financing of Terrorism and Financing of Illegal Organisations

The UAE's laws on anti-money laundering and the financing of terrorism and illegal organisations have been amended, as was announced by the UAE Government very recently. The amendments are designed to support efforts to fight financial crime while consolidating the country’s technical compliance with international treaties and recommendations, state news agency reported.

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California Supreme Court Says Even a Single Slur by a Coworker Can Give Rise to Employer Liability for Hostile Work Environment and Retaliation (US)

In Bailey v. San Francisco District Attorney’s Office, the California Supreme Court ruled that a single use of a racial slur may be actionable harassment under the California Fair Employment and Housing Act if it is sufficiently severe under the totality of the circumstances.

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Sustainable products to become norm for consumers as new law enters into force

Today it is difficult for consumers to make sense of the many labels on the environmental performance of products (both goods and services) and companies. Some environmental claims are unreliable and consumers trust in them is extremely low. Consumers can be misled and companies can give a false impression of their environmental impacts or benefits - a practice known as greenwashing.

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JUDGEMENTS:


1.?Workman cannot be transferred to a place which did not exist at the time of appointment in the absence of such clause.

Pappu Giri s/o Sewa Giri vs. Presiding Officer, Industrial Tribunal-com-Labour Court, Panipat and Anr.; CWP 17142/2014 & 16; Punjab and Haryana Court.


2.?Educational institutions are not liable to pay statutory bonus.

M/s Oriental Security Services vs. Dilip Kumar Parida & Another; W.P.(C ) 131/2021; Orissa High Court


3. Even contractual employees engaged by principal employer indirectly are entitled to PF benefits.

Vivekanand School vs. GNCT and Anr.; W.P. (C ) 5712/2010;Delhi High Court


4. Municipalities are covered under the definition of 'factory' under the ESI Act.

Employees State Insurance Coporation Ltd. Vs. Nagar Nigam Allahabad and Anr.; CA No. 1833/2024 ; Supreme Court of India.


5. Working for a long period on contract basis does not create a right to be appointed on regular basis.

Sri Palas Guha vs. The Union of India & Ors.; W.P.A. 7655/2012; Calcutta High Court


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India Advances Women-Led Development with Empowerment Initiatives and Legislative Reforms

Recently, India designated "women-led development" as one of the six central focal points during its G20 presidency, alongside inclusive growth, advancement of Sustainable Development Goals, environmentally friendly development, technological innovation, and the restructuring of multilateral institutions, it symbolized a subtle recognition of the enduring significance of addressing gender equality as a prominent policy concern within India.

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Case Study: Breaking the Cycle – Bal Raksha Bharat’s Collaborative Approach to Ending Child Labour in Assam’s Tea Plantations

Child protection has seldom received the attention that it deserves in India. Children face multiple vulnerabilities – of labour, trafficking, early marriage, abuse and exploitation. Poverty and gender discrimination combine to further vulnerability of children. Protection of children is critical to achieving the Millennium Development Goals (MDGs) on education, health and poverty reduction.

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UAE Labour Law: My employer has placed me on ‘garden leave’, what are my rights?

If you are employed by a company based in mainland Dubai, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations and Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 apply to your employment.

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DID YOU KNOW:

As India celebrates its 77th Independence Day on August 15th, it's not the only nation marking this significant occasion on that date. Five more nations celebrate their Independence Day with India. These countries include — the Republic of Congo, South Korea, North Korea, Liechtenstein, and Bahrain.


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