Even if termination of a workman is illegal, reinstatement with back-wages is not automatic.
LLR Raj. HC 654
When partners and employees are not common, clubbing of two establishments for coverage under Provident Fund Act not proper.
LLR Cal. HC 597
Forfeiture of gratuity rightly set aside when termination is not for prescribed misconduct.
LLR Bom. HC 638
Transport, washing, special allowances and incentives to all the employees' are wages and to be accounted for provident fund contributions.
LLR Mad. HC 568
Summoning witnesses and requisitioning of documents in an enquiry without stating supporting reasons not justified.
LLR Supreme Court 561
Back-wages not proper if appellant-employer was not given an opportunity for hearing.
LLR Supreme Court 613
In disciplinary proceedings, the Court cannot act as an appellate court.
LLR Supreme Court 634
Appeal, not writ petition, appropriate when aggrieved by coverage under ESI Act.
LLR Mad. HC 573
Compensation in lieu of reinstatement appropriate when the workman not paid retrenchment compensation.
LLR Chhat. HC 581
IIT is employer when exercising control and supervision upon hostel employees.
LLR Mad. HC 591
In matters of punishment after an enquiry, the Courts have restricted powers of interference.
LLR Supreme Court 634
A settlement providing that during its operation the workers will not raise any demand involving financial burden is valid.
LLR Karn. HC 584
Deduction of wages of an employee will not be legal when no loss to employer is established.
LLR P&H HC 579
Engaging 229 out of 441 workers as apprentices is not proper to deprive them from provident fund coverage.
LLR Mad. HC 604
Reinstatement is not a rule of thumb on non-compliance of section 25F of the Industrial Disputes Act.
LLR All. HC 631
Appeal, not writ petition, maintainable against the order under section 7-A of Provident Fund Act.
LLR Cal. HC 657
Reinstatement should not have been granted to a fixed-term employee.
LLR Supreme Court 637
No wages to workman who failed to join duty after revocation of suspension.
LLR P&H HC 577
Termination of concerned workman during pendency of proceedings of a dispute is violative of section 33(1) of the I.D. Act.
LLR Ori. HC 627
Dispute of workman for falsely stating that no criminal prosecution was pending against him was rightly dismissed.
LLR Bom. HC 619
Prosecution under Factories Act for obstructing the Factory Inspector is misuse of the process of court.
LLR Jhar. HC 620
Granting provisional reinstatement with 75% back-wages as interim relief by the Labour Court without adjudication is not proper.
LLR Bom. HC 644
A settlement arrived otherwise than in the course of conciliation proceedings will bind only the parties to the settlement.
LLR Guj. HC 659
Nature of duties, not designation, of an employee is the criterion to determine whether an employee is a workman or not.
LLR Bom. HC 662
Explanation, not writ, will be appropriate to show cause notice from ESIC.
LLR Mad. HC 573
Death due to insecticide poisoning on duty will be an industrial accident.
LLR Karn. HC 588
Writ, instead of appeal, will be appropriate when two independent establishments are clubbed for applicability of Provident Fund Act.
LLR Cal. HC 597
Stay of enquiry not proper for its delayed initiation.
LLR Del. HC 614
Provident Fund Recovery Officers should wait for appeal period in recovery of dues against employers.
LLR Guj. HC 602
Exemption application rightly rejected by the Provident Fund Authority when records, as directed, not produced.
LLR Pat. HC 624
Asking for refund after 15 years of the amount as paid to the workman will be cruel.
LLR All. HC 629
The words ‘riotous or disorderly’ mean that such acts must be tinged with violence, which causes a major disruption of the work.
LLR Bom. HC 638
Common part-time Accountant for two establishments is not a factor for clubbing for coverage under Provident Funds.
LLR Cal. HC 597
Overtime claim of the work under section 33-C (2) of the ID Act is rightly allowed.
LLR Mad. HC 591
Interest to be paid on delayed payment of ESI contributions.
LLR P&H HC 650
Object of Payment of Gratuity Act is to ensure that workman is rewarded for the honest service.
LLR Bom. HC 638
Settlement, during conciliation proceedings, will be binding not only the parties of settlement but the other persons also as stipulated in the ID Act.
LLR Guj. HC 659
Dismissal of a pharmacist proper when he was trying to steal drugs.
LLR Jhar. HC 611
