October'2011


Challenging termination after accepting VRS dues only on refund.
LLR Supreme Court 1009

Fixed-term employees not entitled to regularization.
LLR Bom. HC 1059

Principle of ‘equal pay for equal work’ not to apply for casual workers.
LLR Del. HC 1080

Transfer of an employee not to be interfered by the Court. 
LLR All. HC 1084

An enquiry can be interfered only when there is perversity. 
LLR MP HC 1049

Contract labour system exploits workers. 
LLR Supreme Court 1079

Provident Fund Act will continue to apply even when the employees are reduced to less than 20. 
LLR Mad. HC 1074

Doctors being equal to God, not to issue false certificates.
LLR Karn. HC 1043

Back-wages on reinstatement is not a rule of thumb.
LLR Bom. HC 1020

An employee, performing managerial functions, not to be a workman.
LLR Del. HC 1066

Reinstatement is proper when the employee was frightened to resign. 
LLR All. HC 1084

Compensation Commissioners require training in Judicial Academies.
LLR Karn. HC 1043

Dismissal justified for levelling frivolous allegations against a senior officer.
LLR Del. HC 1011

On transfer of establishment, vendee is also liable for provident fund dues.
LLR Mad. HC 1074

Heart attack, resulting into death, is an accident for compensation. 
LLR Ker. HC 1071

After accepting the dues, VRS can’t be challenged.
LLR Supreme Court 1009

Appeal, not writ petition, is the remedy for challenging the order of EPF Authority.
LLR Del. HC 1082

‘Wages’ under I.D. Act include travelling concession etc.
LLR Guj. HC 1092

No limitation for application under section 33C (2) of the I.D. Act.
LLR Guj. HC 1092

Consequential relief on reinstatement mean back-wages on higher post.
LLR P&H HC 1090

Notice of voluntary retirement can be withdrawn before the effective date.
LLR Guj. HC 1096

Globalization/liberalization can’t be at the cost of human exploitation.
LLR Supreme Court 1079

Employer has to contradict the list of employees given by provident fund authority. 
LLR Del. HC 1013

No regularisation of a workman in the absence of specific reference.
LLR Bom. HC 1020

Compensation is appropriate when a daily-wager raised dispute after 10 years.
LLR Bom. HC 1023

Bank guarantee will be acceptable as pre-deposit for appeal before EPF Tribunal.
LLR Del. HC 1018

Retrenchment justified when the Department is shut down.
LLR Del. HC 1016

A resignation not containing allegations of ‘frustration’ can’t be withdrawn.
LLR Karn. HC 1046

Acceptance of voluntary retirement is always at discretion of the Management. 
LLR Karn. HC 1046

Retrenchment compensation appropriate when permission not taken.
LLR Mad. HC 1028

Purchaser will not pay the arrears of provident fund of earlier owner.
LLR HP HC 1032

Removal of the bank officer, for granting extra loan, will not be set aside.
LLR All. HC 1036

Ex-parte order by EPF Tribunal is to be set aside. 
LLR Bom. HC 1052

Back-wages can’t be denied because of agricultural income.
LLR Bom. HC 1055

Check-off facility to a union already allowed cannot be stopped. 
LLR Mad. HC 1076

No relief to workmen who failed to prove 240 days of continuous work.
LLR Bom. HC 1059

Back-wages not justified when the workmen failed to establish unemployment. 
LLR Bom. HC 1059

Reinstatement even to a daily wager is proper in the absence of enquiry or compensation.
LLR P&H HC 1086

High Court has limited powers with the order of the Tribunal declining to accord approval for dismissal.
LLR Del. HC 1113

Awarding exorbitant compensation without appreciating evidence is not proper.
LLR Karn. HC 1043

A Judge must be conscious of human suffering and human feeling. 
LLR AP HC 1105

Interest on back-wages is justified.
LLR Guj. HC 1092

After conducting the enquiry into the misconduct it can’t be contended that workman was temporary.
LLR Bom. HC 1020

Disciplinary Authority can change its views after receiving explanation to the show-cause notice. 
LLR MP HC 1049

Accident compensation can be claimed either in civil suit or under Employees’ Compensation Act.
LLR MP HC 1050

Various factors are relevant for granting relief to a terminated workman.
LLR All. HC 1024

Reliance by Labour Court, on zerox copies of the documents, is erroneous.
LLR Bom. HC 1059

Rejecting compensation claim, on technical grounds, would result in great injustice.
LLR AP HC 1105

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