January'2011


Employer is to prove misconduct when enquiry is dispensed with.
LLR Supreme Court 1

Claim for ‘equal work, equal wages’ not tenable if not supported with evidence.
LLR Supreme Court 6

Similarly situated persons should be treated alike.
LLR Supreme Court 6

Reinstatement with full back-wages is not a rule on illegal termination.
LLR Cal. HC 68

Abandonment of workman will not be proved by mere statement that he failed to report for duty. 
LLR Del. HC 13

Dismissal of salesman for embezzlement, after holding enquiry, not to be set aside.
LLR P&H HC 40

A part-time employee working under the control of an employer will be a ‘workman’.
LLR HP HC 52

Removal of a dishonest bank employee is not to be interfered by Court.
LLR Bom. HC 17

Pendency of criminal proceedings not to justify forfeiture of gratuity.
LLR Guj. HC 66

Reinstatement of a contractual workman not sustainable.
LLR Del. HC 10

Compensation in lieu of reinstatement proper to a temporary worker.
LLR Guj. HC 64

Transfer outside Bangalore not legal in the absence of service condition.
LLR Karn. HC 81

Under Article 226, the High Court has limited powers in respect of enquiries. 
LLR Mad. HC 35

Provident Fund authority can’t challenge the order of EPF Tribunal in the High Court.
LLR Bom. HC 28

No back-wages in the absence of pleadings and evidence.
LLR All. HC 102

No damages for EPF contribution when levied after long delay.
LLR All. HC 100

Consent of the workmen is not necessary on transfer of an establishment.
LLR AP HC 43

Assumption of 25% charges towards labour is not necessary for provident fund contributions. 
LLR MP HC 3

Dismissal of bank employee is justified for removal of gold jewellery packet.
LLR Karn. HC 97

A refrigerator in hotel will justify coverage under the ESI Act.
LLR Del. HC 91

A dispute, not determined by the Labour Court, is not an Award.
LLR Bom. HC 25

No compensation when son died while driving father’s tractor.
LLR HP HC 55

Reinstatement not proper; when the workman declined the offer of employment.
LLR Bom. HC 22

An enquiry cannot be held unfair when the workman conceded that it was fair. 
LLR Karn. HC 63

High Court cannot act as appellate Court for correcting factual errors.
LLR Karn. HC 63

Disciplinary proceedings to be quashed in the absence of evidence for taking bribe.
LLR Cal. HC 78

Complaint by Factory Inspector has to be filed within three months.
LLR Jhar. HC 50

Labour Court has to consider the case on merit even when the party does not appear 
LLR MP HC 61

For making right computation, provident fund authorities must ask for specific documents.
LLR MP HC 3

Compensation, not reinstatement, is proper when appointment followed statutory procedure.
LLR All. HC 102

Reinstatement appropriate when cogent proof of date of birth is submitted.
LLR Del. HC 90

A letter by UPC can’t be presumed to have been received by the addressee.
LLR Del. HC 13

Reinstatement of an embezzler is not conducive to any organisation.
LLR P&H HC 40

Three times penalty for delayed payment of minimum wages not to be interfered. 
LLR Mad. HC 33

Compensation, instead of reinstatement, is the trend of Apex Court decisions. 
LLR Guj. HC 64

Gratuity Act would prevail over Service Regulations. 
LLR Pat. HC 57

An unemployment affidavit is sufficient for claiming last drawn wages.
LLR Cal. HC 77

For claiming compensation, employer-employee relationship must exist.
LLR AP HC 75

Compulsory retirement for misappropriation is rightly upheld by the Tribunal. 
LLR Mad. HC 35

High standard of integrity and honesty is expected from a bank employee.
LLR Uttr. HC 85

Forfeiture of gratuity under the Working Journalists Act is not restricted to prescribed misconducts.
LLR Supreme Court 5

Amount paid under the Group Insurance Accident Policy will be deducted from compensation awarded by the Accident Compensation Commissioner.
LLR P&H HC 72

A provident fund authority, exercising quasi judicial functions, can’t defend its own orders in a writ petition. 
LLR Bom. HC 27

No time limit to refer a dispute for adjudication. 
LLR (SN) Uttr. HC 104

Reinstatement is proper when a workman is absolved of all charges.
LLR (SN) Bom. HC 105

Compensation, not reinstatement, is proper for daily wager. 
LLR (SN) Bom. HC 105

Before imposing a penalty of removal, the authorities must take due precaution.
LLR (SN) All. HC 105

Right of re-employment of retrenched workman arises the moment employer engages somebody else.
LLR (SN) Bom. HC 106

An Enquiry Officer will not be replaced on frivolous allegations.
LLR (SN) Pat. HC 106

Reinstatement rightly granted to a workman who has worked for 240 days.
LLR (SN) P&H HC 107

While claiming last drawn wages for interregnum period, affidavit is enough.
LLR (SN) P&H HC 107

Model Standing Orders would prevail over Service Regulations. 
LLR (SN) Bom. HC 109

When an officer lacked any disciplinary powers, dismissal rightly quashed.
LLR (SN) Bom. HC 109

Labour Court has to evaluate cause of action as per the principles of CPC. 
LLR (SN) Del. HC 109

Termination of fixed term employment is not violation of section 33 of the ID Act.
LLR (SN) Del. HC 110

Pendency of a complaint under section 498A of the IPC will not be construed as doubtful antecedents of an employee. 
LLR (SN) Raj. HC 110

Industrial Tribunal, not Labour Court, to decide bonus dispute.
LLR (SN) HP HC 111

Bonus Act makes no distinction among daily wager, temporary or permanent employee.
LLR (SN) HP HC 111

Reasons for disagreement with the findings of the Enquiry Officer must be recorded and conveyed to delinquent. 
LLR (SN) Cal. HC 111

No enquiry to continue after retirement.
LLR (SN) Cal. HC 111


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