Law Shastra

A contract of service is not a stand alone contract or employment document, as its commonly thought! Such a contract, besides the Contract Act, is governed by diverse law, depending on the central, state enactments, the nature of establishment/industry and most importantly the nature of employment, category, title and related factors. Professional employment contracts also cover confidentialy, IP rights IT provisions besides disclosure policies.  Deliberations under this post focus on empoyment in a commercial establishment covering various Industry, and how a thoughtless termination can go wrong. Emphasis on COVID as it is the most predominating situation at this juncture. The key laws that apply for an employment contract are the Shops & Commercial Establishments Act (title different for certain States), Industrial Disputes Act, Industrial Employments (Standings Orders) Act (IESO) and certain special enactments, for certain States, like Maharashtra, TN.  The Central Government in

IMPORTANT POINTS:  The interpretation of the Arbitral Tribunal to expand the meaning of  a clause in the contract to include change in rate of HSD is not a possible interpretation of this contract, as the appellant did not introduce any evidence which proves the same Section 34 -  Recourse to a Court against an arbitral award was dwelved at depth to test the course of decision by the High Court. The  appellant was awarded a work order basis  tender floated by the Respondent and the the contract  was for the purpose of well drilling and other auxiliary operations in Assam. Although, the contract was initially only for a period of two years, the same was extended for two successive periods of one year each by mutual agreement, and finally the contract expired on 04.10.2000 CIVIL APPEAL NO. 673 OF 2012 SOUTH EAST ASIA MARINE ...APPELLANT ENGINEERING AND CONSTRUCTIONS LTD. (SEAMEC LTD.) VERSUS OIL INDIA LIMITED …RESPONDENT With CIVIL APPEAL NO. 900 OF 2012 OIL INDIA LIMITE

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Key Points of relief (subject to Supreme Court's hearing petitions on MHA Orders. - Allowances fixed to defray special expenses like conveyance, and food allowances may be     deducted but the wages are to be paid - no relief granted - As the Mah Government has partially lifted lock down in select safe zones (Green Zones, etc>)   deduction for workers who were directed to attend to work but remain absent may be considered subject to due process of law  IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION STAMP NO.10569 OF 2020 (Align Components Pvt. Ltd., and another Vs. Union of India and others) WITH WRIT PETITION STAMP NO.10570 OF 2020 WITH WRIT PETITION STAMP NO.10571 OF 2020 WITH WRIT PETITION STAMP NO.10572 OF 2020 WITH WRIT PETITION STAMP NO.10573 OF 2020 Mr.T.K.Prabhakaran, Advocate for the petitioners. Mr.D.G.Nagode, Standing Counsel for Union of India, Respondent Nos. 1 and 2. Mr.D.R.Kale, Government Pleader for respondent Nos. 3