August'2011


Removal of bank employee is proper when found guilty of financial irregularities.
LLR Supreme Court 857

Reinstatement can’t be denied merely because no prescribed procedure was adopted for recruitment.
LLR Supreme Court 785

Termination of a probationer even after 240 days will not be retrenchment.
LLR All. HC 799

An employee unauthorisedly retaining employer’s accommodation can’t have gratuity.
LLR Mad. HC 834

Conveyance and special allowance to attract provident fund contributions.
LLR MP HC 867

Conveyance, Education, Medical, City Compensatory and Special Allowances, Food Concessions, Special Holidays, Night Shift Incentive will attract provident fund contributions.
LLR Mad. HC 876

An ex-parte Award cannot be set aside after 30 days of its publication. 
LLR Del. HC 792

Compensation is appropriate when the workman has worked only for 3 years.
LLR P&H HC 794

Transfer of a Technician in the same category not illegal.
LLR All. HC 834

Minimum wages are guaranteed irrespective of paying capacity of the employer.
LLR Del. HC 827

Reinstatement is erroneous when workman's service was terminated for habitual absence.
LLR Jhar. HC 847

Reinstatement is not automatic for non-compliance of section 25-F of the I.D. Act.
LLR Pat. HC 830

Government can’t adjudicate but only refer a dispute.
LLR P&H HC 859

High Court is not to interfere with an Award by setting aside the punishment.
LLR Uttr. HC 797

Back-wages on reinstatement are not automatic.
LLR P&H HC 820

No accident compensation when the deceased fell from roof away from the establishment.
LLR Karn. HC 804

Reduction in wages, without notice will not be proper.
LLR P&H HC 818

Part-time junior executive with administrative functions is not a ‘workman’.
LLR AP HC 801

Contract Labour (R&A) Act not applicable upon National Physical Laboratory not being an industry.
LLR Guj. HC 813

Employees’ Provident Funds Act will be applicable on establishment employing 23 employees.
LLR Pat. HC 807

Ex-parte order by PF Commissioner, without hearing, is not proper. 
LLR Bom. HC 851

Gratuity is a valuable right of an employee under the Payment of Gratuity Act.
LLR Mad. HC 834

An aggrieved party under B&OCW Cess Act can file appeal, not writ in High Court.
LLR All. HC 849

A person has to produce appointment letter or other supporting documents to prove to be an employee. 
LLR Del. HC 824

Striking off name is proper if the workman was habitually absenting.
LLR Jhar. HC 846

Setting of establishment by purchasing machines only will be the new one for provident fund purpose. 
LLR Mad. HC 863

Insurer will not be liable to pay compensation on death of auto rickshaw driver not having driving licence.
LLR AP HC 872

In writ jurisdiction, the High Court will not set aside/alter the findings of the EPF Appellate Tribunal. 
LLR Mad. HC 876

Division Bench will not interfere with the order of reinstatement.
LLR P&H HC 820

Back-wages on reinstatement are discretionary.
LLR Guj. HC 811

Interpretation of statute should tilt in favour of whom it is enacted.
LLR Pat. HC 807

Construction of residential house will be covered by Payment of Wages Act.
LLR P&H HC 841

Dismissal for retaining key of the power house will be too harsh.
LLR Bom. HC 822

A Government body can’t contend its inability to pay minimum wages.
LLR Del. HC 827

Labour Court will not interfere in stoppage of increments.
LLR Karn. HC 844

There is no distinction between a permanent and a muster roll employee for applicability of section 25-F of the I.D. Act.
LLR Del. HC 791

Many factors to be considered for grant of back wages on reinstatement.
LLR Guj. HC 811

Ex-parte proceedings under Payment of Wages Act can be set aside within 30 days.
LLR P&H HC 841

Every employer has to pay wages in conformity with the minimum wages.
LLR Del. HC 827

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