Introduction In the instances wherein the employer discharges an employee while there is a pending industrial dispute, it is mandatory to adhere to specific requirements in the form of the payment or promise of one month’s wages along with the approval from the competent authority under Section 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter…
Introduction The Central Government has notified the Employees’ Provident Fund (“EPF”) Scheme, 2026, replacing the Employees’ Provident Fund Scheme, 1952, which had governed retirement savings in India for nearly seven decades. Framed under the Code on Social Security, 2020, the new scheme touches close to seven crore active EPFO subscribers and, within days of its…
Introduction In Subhash v. Union of India & Others, O.A. 1077 of 2013, the Central Administrative Tribunal, Allahabad Bench has by an order dated 07.04.2026, rejected a case of regularisation, temporary position, and arrears of salary brought before the Tribunal by a claimant claiming to have continuously served as a casual worker of Bharat Sanchar…
Introduction Allahabad High Court (Lucknow Bench) in Azim Premji v. State of U.P. Application U/S 3261 of 2017, decided on 29.05.2024, the criminal complaint proceedings along with the summoning order and bailable warrant issued against the Chairman and Managing Director of a company for allegedly violating the Equal Remuneration Act, 1976 by an independent third-party…
Introduction An employee disappears from work without notice. The employer sends a registered letter to the address on file. No reply comes. Weeks later, the employee surfaces, claims he tried to return and was turned away, and files a complaint before the Labour Commissioner. The Labour Court awards reinstatement with full back wages. The High…
Introduction Garden leave is a practice where an employee gets their salary during their notice period but they are not allowed to work join a competitor or do any business activity. This practice has become very important in employment contracts in India but its legal status is still not clear. Garden leave came from employment…
Introduction Over the last ten years, the world has seen a huge transformation in the global economy with the explosive growth of the platform or gig economy. Millions of people around the world are now making a living with digital platforms like Uber, Swiggy, Zomato, Amazon Flex and a wide variety of other app-based service…
Introduction In a judgement Lokendra Kumar Tiwari v. Union of India & Ors., the Supreme Court of India has reiterated the constitutional principles that apply to all processes involved in public employment and recruiting. It held that making a contractual appointment that is a result of an advertisement for a regular position or a vacancy…
Introduction The Supreme Court’s major ruling in Sunil Kumar Yadav & Ors. v. The State of Jharkhand & Ors. has significantly impacted Indian service law by clarifying issues related to the employment of contractual staff in public service, governance of educational institutions, and limits on the ability of the judiciary to interfere in regularisation applications….
Introduction The concept of taking care of one’s parents is traditionally seen as a moral as well as a cultural responsibility in Indian society. It has always been considered normal for children to take care of their parents when they become elderly and weak. But the new social dynamics of India, such as migrations due…
Introduction The safety and dignity of employees are essential for any modern organization as well as for the laws dealing with sexual harassment in India. The POSH Act has been framed with the intention of making workplaces safe and inclusive for all. This law makes it mandatory for organizations to set up internal committees, run…
Introduction The construction sector in India is among the largest employers, engaging a significant number of workers, most of whom operate within the informal economy. Despite their critical role in infrastructure development, access to welfare benefits has remained inconsistent due to high mobility, lack of formal documentation, and fragmented registration systems. While statutory mechanisms under…
Introduction Urban landscapes in India are undergoing rapid transformation. Urbanization in India is accelerating rapidly, driven by digital transformation, platform-based economies, and the increasing prevalence of app-based work. Urban development is no longer shaped solely by traditional planners or government authorities. Traditional jobs are not the only thing driving how cities look or work. Gig…
Introduction The rapid proliferation of app-based platforms such as Uber, Ola, Zomato, Swiggy, and Blinkit has fundamentally altered the character of employment in India. Millions of delivery executives and cab drivers who power these platforms have, for long, existed in a legal grey zone rendering services that are indispensable to urban consumers, yet denied the…
Introduction The interpretation of the term “industry” has continued to be one of the most controversial issues in the jurisprudence of Indian labour law. In fact, the interpretation of this term has a direct impact on the extent to which the provisions of labour law are applicable. In the latest developments in this area, a…
Introduction While the concept of motherhood has traditionally been understood in biological terms, an important and socially relevant decision in the matter of Hamsaanandini Nanduri v. Union of India, Writ Petition (Civil) No. 960/2021, decided on 17-3-2026, the Supreme Court has held that the concept of motherhood is not restricted to biology alone. By holding…
Introduction Gig economy is selling a good narrative. You can work when you please, log in ad be your own boss. Such actors as ride-hailing drivers, food delivery partners, and warehouse pickers are recurrently referred to as independent participants who exercise flexibility and choice. However, lurking in the background of this language of autonomy is…
Introduction The transition from a “daylight only” to a 24/7 economy is not just about business growth but about gender equality and creating a workplace that works for everyone. For decades, women have been held back in their careers because of outdated provisions in the Factories Act of 1948. However, India is witnessing a historic…
Introduction The framework governing industrial employment is undergoing a fundamental structural change. As we move through 2026, the traditional reliance on certified Standing Orders is being steadily replaced by individualized, private contracts. This transition signifies a deeper shift in the legal philosophy of the employer-employee relationship, a move away from state-mandated “status” toward private “contract.”…
Introduction For many organizations, the POSH Act has become a masterpiece of paperwork, yet for the women it was designed to protect, the process often remains a hollow promise. More than a decade has passed since the Sexual Harassment of Women at Workplace Act 2013 was enacted, and most Indian organizations now boast of being…
Introduction The Supreme Court decision in Union of India v Heavy Vehicles Factory Employees’ Union and Another Civil Appeal Nos.5185-5192 of 2016 wherein it was held that, in calculating the overtime payments under Section 59 of the Factories Act, 1948 (hereinafter referred to as the “Act”) compensatory allowances are to be included has not only…
Introduction For a long time, the Mergers and Acquisitions (“M&A”) landscape in India functioned under a scattered legal regime, with compliance spread across 29 distinct central labour laws. Each statute had its own definitions, registration requirements, and compliance standards. This created uncertainty during transactions, as labour-related liabilities would surface late in the deal process. As…
Introduction In the modern Indian economy, with the rise of the gig economy and flexible work arrangements, businesses are increasingly employing a diverse workforce. However, this flexibility creates a major legal problem: the proper classification of workers as either ‘employees’ or ‘independent contractors.’ This classification is more than just a matter of semantic accuracy; it…
Introduction The enforceability of non-compete clauses in employment relationships has long occupied a fraught space in Indian contract law. Employers have attempted to safeguard economic interests with restrictive covenants that go beyond the duration of employment as businesses become more competitive and talent becomes more mobile. Section 27 of the Indian Contract Act, 1872, which…
Introduction India’s labour law landscape has long been criticised for its fragmentation, outdated enforcement mechanisms, and inadequate deterrence against wage-related violations. While employees continued to experience underpayment, delayed payments, and unequal compensation with little corrective effectiveness, employers frequently had to navigate a thicket of overlapping statutes. In light of this, the Code on Wages, 2019…
The Punjab & Haryana High Court, in Manoj Kumar & Ors. v. State of Haryana & Ors. (CWP-26643-2025 and connected matters) pronounced on 23.12.2025, affirmed that the refusal to regularise long-serving daily-wage employees of the Forest Department, who had rendered continuous service for twenty-five to thirty years, constitutes an unfair labour practice and contravenes constitutional…
The Bombay High Court, in the case of Surendra vs. Agrofab Machineries Pvt. Ltd, Writ Petition No. 5656 of 2021, decided on 15.09.2025, held that employees cannot be forced to deposit retrenchment compensation as a precondition for challenging their termination. FACTS The present writ petitions arose out of retrenchment of employees of the Agrofab Machineries…
The Bombay High Court, in the case of B.T. Kadlag Constructions Pvt. Ltd. v. Employees’ Provident Fund Organisation & Ors., Writ Petition No. 12754 of 2025, decided on 18.11.2025, held that a prohibitory order under Section 8-F of the Employees’ Provident Funds and Miscellaneous Provisions (hereinafter referred to as “EPF”) Act, 1952 cannot be issued…
The Bombay High Court in the case of Foundever CRM India Private Limited & Anr. V. Employee State Insurance Corporation & Ors., Writ Petition (L) Numbers 36012 of 2024, decided on 19.09.2025, held that principles of natural justice cannot be circumvented by Employees’ State Insurance Corporation (“ESIC”). Coercive recovery is prohibited without notice, a hearing,…
INTRODUCTION When the Employees’ Provident Fund Organisation (hereinafter referred to as “EPFO”) announced its August 2025 changes, many people assumed it was just another procedural tweak. A small fix here, a portal update there. But the changes go much deeper. They reshape the way workers tap into their own Provident Fund (hereinafter referred to as…
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