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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
References:["Sh. Surjeet Singh VS Dominant Systems Pvt. Limited - Delhi"]["Smitha Francis Alias Smitha Ajay vs Shwas Homes Private Limited - Kerala"]["Shib Shankar Das VS State of West Bengal - Calcutta"]["G. K. Pandey VS Regional Director, International Airport Authority of India - Bombay"]["Amit Kumar vs Govt. of NCT of Delhi - Central Administrative Tribunal"]["GOVIND PRAKASH VERMA VS LIFE INSURANCE CORPORATION OF INDIA - Supreme Court"]["SH. SURJEET SINGH Vs DOMINANT SYSTEMS PVT. LIMITED - Delhi"]["SH. SURJEET SINGH vs DOMINANT SYSTEMS PVT. LIMITED - Delhi"]["Pranita Kalita, D/o. Lt. Soneswar Kalita vs State Of Assam, Through The Commissioner And Secretary To The Government Of Assam, Water Resources Department - Gauhati"]["P. BALASUBRAMANIAN, Vs THE MANAGER - Madras"]["BENI LAL BAMNEY VS UNION OF INDIA - Madhya Pradesh"]["Kirloskar Pneumatic Kamgar Sangh VS Kirloskar Pneumatic Company Limited - Bombay"]["Kabit Deb VS State of Tripura - Gauhati"]
In today's interconnected family dynamics, many individuals assist relatives in small businesses or family ventures. But does this casual help qualify as gainful employment under Indian law? The question Help in family member business is not gainful employment often arises in contexts like labour disputes, compassionate appointments, or rent eviction cases. Understanding this distinction is crucial for employees, business owners, and families navigating legal challenges.
This blog post breaks down the legal framework, drawing from key statutes like the Industrial Disputes Act, 1947 (ID Act), and judicial precedents. We'll explore why such assistance is generally not considered gainful employment when it's casual, non-systematic, or familial, while highlighting exceptions.
Gainful employment typically implies systematic, organized work with an employer-employee relationship aimed at profit or material production. Section 2(j) of the ID Act defines industry as any systematic activity carried on by co-operation between an employer and his workmen... for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes. [
#GainfulEmployment, #FamilyBusinessLaw, #IndianLabourLaw
Delhi Administration, (1984) 4 SCC 635, wherein engagement of a worker in order to meet the daily sustenance needs of his family or extending help to the father in father's shop, was not held to be gainful employment. ... That he was merely lending a helping hand in his father's business and his presence at the shop ought not to be construed as gainful employment for defeating his right under Section-17B. 4. ... In the absence of a....
Petitioner states in the reply affidavit that the business of 'Saga, The Craft People' was run by the family and not by her alone. It being a family concern, the profit of the said concern cannot be considered as her earning. ... He contended that the turn over of the establishments allegedly run by the petitioner is very less and the profit was not sufficient. The business concerns were run by the family and not by the petitioner alone. ... Since th....
The distribution in such quantity of kerosene oil was more like a social work rather than the gainful employment. ... It is the further contention of the petitioner that the State Authority has not considered the direction of this court regarding the status of gainful employment by the present petitioner and private respondent No. 7. ... (MAT 842 of 2022 disposed of on 05.08.2022) that No Objection Certificate' by an applicant is required to be given from a dependant family members and....
financial position family and he might have taken some help from them. ... Admittedly, the petitioner did not get job in Mumbai or Thane after his illegal termination and he was helping his family in agricultural activities at his native place in U.P. All these years to maintain his body and soul together which does not amount to gainful employment. ... He submits that the Tribunal ought to have appreciated that the gainful employment#HL_EN....
The whole object of granting compassionate employment is thus to enable the family to tide over the sudden crisis. The object is not to give a member of such family a post much less a post for post held by the deceased. ... The whole object of granting compassionate employment is thus to enable the family to tide over the sudden crisis. The object is not to give a member of such family a post much less a post for p....
separately and independently and the other members of the family of the deceased did not receive his help or sustenance from his gainful employment. ... The inference of gainful employment of the elder brother could not be acted upon. The terminal benefits received by the widow and the family pension could not be taken into account. ... 7. ... Therefore, compassionate appointment cannot be refused on the ground th....
Delhi Administration3, wherein engagement of a worker in order to meet the daily sustenance needs of his family or extending help to the father in father’s shop, was not held to be gainful employment. ... That he was merely lending a helping hand in his father’s business and his presence at the shop ought not to be construed as gainful employment for defeating his right under Section-17B. 4. ... In the absence of any material to ind....
Delhi Administration3, wherein engagement of a worker in order to meet the daily sustenance needs of his family or extending help to the father in father’s shop, was not held to be gainful ... That he was merely lending a helping hand in his father’s business and his presence at the shop ought not to be construed as gainful employment for defeating his right under Section-17B. 4. ... The ultimate test is the earning of income and #HL_....
a member of the family is already in employment and supports the family then the restriction may be applied. ... The inference of gainful employment of the elder brother could not be acted upon. The terminal benefits received by the widow and the family pension could not be taken into account.' 8. ... The only ground on which the respondent has denied the appointment on compassionate grounds is that the petitioner's elder brother is....
is contrary to the very scheme itself intent and purpose of the family pension therefore, the non-employment status of the family member claiming family pension will have to be viewed only from the stand point of dependency of that family member or the deceased government servant. ... The family pension scheme does not put restraint on the spouse of the deceased government servant towards their entitlement to receive famil....
If the landlord is able to show that an adult member of his family is not in gainful employment, or even in stable gainful employment, that is independent, it is not for the tenant to show and say that another accommodation, that is available with the landlord, can be utilized for the purpose. There is a distinction between the availability of accommodation with the landlord, where an adult member of his family can establish his business and the fact that the member of his family, for whose requirement the landlord seeks release of an accommodation, is actually in....
So far as the question of gainful employment of the elder brother is concerned, we find that it had been given out that he has been engaged in cultivation. We hardly find that is could be considered as gainful employment if the family owns a piece of land and one of the members of the family cultivates the field. This would not necessarily be a contradiction much less leading to the inference drawn that he was gainfully employed somewhere as a painter. This statement is said to have been contradicted when it is said that the elder brother had stated that he works as a paint....
Through Secretary (Labour) and others, (1984) 4 see 635, In which it has been observed that if the Workman concerned derives some income while staying with father-in-law and helping him in the family business, that cannot be treated as a 'gainful employment'. While considering this very application it had been recorded in the said order dated 24.5.2001 that "Mr. J.C. Seth, learned Amicus Curiae draws the support of a decision of the Supreme Court in Rajinder Kumar Kindra v. Delhi Administration' Hence he would still be entitled to full back wages.
He placed reliance upon the Apex Court decision in case of Chandu Lal vs. According to him, help to his brother in his business cannot be considered to be gainful employment. He also submitted that the workman is entitled for 100 per cent back wages for intervening period because workman has proved that he has remained unemployed during the intervening period and that he has not been gainfully employed during the intervening period. Accordingly to him, as against his plea about unemployment, no evidence was produced by the management to show otherwise and, therefore, Labour....
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