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Showing posts from February, 2023

PoSH: Sexual Harassment: Gauhati HC Stays disciplinary proceedings where the complaint before ICC was not established

    Top of Form   Bottom of Form Bottom of Form .   THE GAUHATI HIGH COURT HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)   Praveen vs The Airport Authority Of India And ... others on 24 February, 2023                                                                                       WP(C)/949/2023            PRAVEEN V S                    VERSUS            THE AIRPORT AUTHORITY OF INDIA AND 6 ORS.                   ASSAM- 781015               REP BY THE CHAIRPERSON               7:MS. PHIBAHUNLANG SWER             ASSTT. MANAGER (COMMERCIAL)               AIRPORTS AUTHORITY OF INDIA             IMPHAL AIRPOR   Advocate for the Petitioner    : MR. S BANIK   Advocate for the Respondent : SC, A A I BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH 24.02.2023 Heard Mr. S. Banik, the learned counsel for the petitioner and Mr. R. Dubey, the learned counsel appearing on behalf of the respondent No.1

Sexual Harassment of Women at Workplace : After participation in the full enquiry proceedings by ICC, petitioner cannot challenge the constitution of the ICC-qualification of external Member

    JAMMU AND KASHMIR HIGH COURT Hon'ble Mr. Sanjay Dhar, J. W.P. (C) No. 1810/2021, Dt/– 23-12-2022 Dr. Rehana Kausar vs. UT of J&K and Ors. SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 Important Points:- -Petitioner has challenged the impugned enquiry in writ petition –   contention of petitioner is that constitution of the Complaints Committee is against the provisions of the Act of 2013 read with Rules of 2013 – No external member was nominated by respondent No. 2 – Co-opted member of the Committee, Ms. Tawheeda, Assistant Legal Remembrancer, is not qualified to be made as a member of the Committee nor there is any provision for co-opting members – -Petitioner was not provided copy of the reply submitted by accused which amounts to violation of principles of natural justice   – Petitioner was not provided a chance of rebuttal against the contentions/pleas raised by accused – Petitioner participated in the proc

The definition of “employee” under Section 2(e) of the Payment of Gratuity Act, 1972, covers all persons including Fixed Term Contract employees – Orissa HC

First Published in BCCI Blog ORISSA HIGH COURT: CUTTACK W.P.(C) No. 19346 of 2021 In the matter of an application under Articles 226 and 227 of the Constitution of India ---- Manager Director, Odisha ..… Petitioner Small Industries Corporation Ltd., Industrial Estate, Cuttack -Versus- Abhay Kumar Samantray ….. Opp. Party Advocates appeared through Hybrid Mode: For Petitioner : Mr. J.K. Mohapatra For Opp. Parties : Mr. L. M. Nanda P R E S E N T: THE HONOURABLE MR. JUSTICE SANJAY KUMAR MISHRA Date of Hearing and Judgment: 14.09.2022 Mr. S.K. Mishra, J. Being aggrieved by the judgment dated 14.08.2020 passed by the Controlling Authority under Payment of Gratuity Act-Cum-Divisional Labour Commissioner, Cuttack, in P.G. Case No.06 of 2019, as at Annexure-4, so also Order dated 13.04.2021 passed by the Appellate Authority under Payment of Gratuity Act-Cum-Joint Labour Commissioner, Cuttack, in P.G. Appeal No.1 of 2021, as at Annexure-6, the Petitioner has preferred the present Writ Peti

Discontinuation of NEEM Scheme - Team Lease Education Foundation permitted to continue the scheme for existing students - Delhi High Court

Source: Labour Law Reporter Feb 23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1589/2023 and CM APPL. 6039/2023 TEAM LEASE EDUCATION FOUNDATION ..... Petitioner Through: Mr. S.K. Gupta, Advocate. versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Anil Soni (CGSC) with Mr. Devvrat Yadav, Advocate for UOI. CORAM: JUSTICE PRATHIBA M. SINGH O R D E R  07.02.2023 1. This hearing has been done through hybrid mode. 2. The Petitioner- Team Lease Education Foundation, a National Employability Enhancement Scheme (NEEM) agent, who was recognised by the Government of India, has challenged the impugned order dated 23rd December, 2022 by which NEEM has been discontinued, with immediate effect. The said order issued by the Technical Section-II, Department of Higher Education, Ministry of Education and communicated to the Chairman, All India Council for Technical Education (AICTE) reads as: Subject: National Employability Enhancement Scheme (NEEM) - regarding Sir, I am directed to