JAN 2014:
A doctor is not a ‘workman’. Supreme Court 53
Notice pay can’t be deducted from gratuity. Ker. HC 72
Past conduct is relevant for imposition of punishment. Supreme Court 1
Reinstatement is not automatic in illegal termination. Del. HC 12
Appeal against levy of interest by RPFC not tenable before EPF Appellate Tribunal. Supreme Court 89
Moral turpitude as proved in enquiry would justify forfeiture of gratuity.Del.HC 6
Determination of provident fund dues without hearing the employer to be quashed. Bom. HC 25
Demanding provident fund contributions without identification of beneficiaries is not proper. Bom. HC 25
Abandonment cannot be presumed when no enquiry is held for unauthorized absence. P&H HC 31
Retrenchment compensation paid on termination for misconduct would not be construed as ‘retrenchment’. Del. HC 9
Dismissal of an employee causing substantial financial loss is justified.Del. HC 18
Resignation can’t be withdrawn after receiving dues in full and final settlement without any protest. Mad. HC 74
Failure to obtain registration and licence by principal employer and contractor respectively would not make contract labour system a sham and camouflage. Jhar. HC 64
Increment or promotions can’t be claimed by a reinstated employee.Karn. HC 85
Employer will be permitted to prove charges when enquiry is declared vitiated. Bom. HC 23
Misuse of loan taken for construction of house would justify dismissal.Del. HC 57
Termination of a probationer will not be invalid merely by stating ‘unsatisfactory performance’. Del. HC 60
A charge-sheet cannot be challenged in writ petition. Cal. HC 96
Interference by Labour Court under S.11A of the I.D. Act is to be sparingly exercised. Supreme Court 1
Clubbing of two establishments for coverage under ESI must be based on functional integrality and interchangeability of workforce. Mad. HC 34
Coverage under ESI based on inspectors’ report without verification of employees and their description is liable to be quashed. Mad. HC 34
ESI dues will be recovered from both, principal employer and contractor. Karn. HC 51
Awarding of cost for setting aside ex-parte Award, reimburses the loss caused to the workman. Karn. HC 49
FEB 14:
A doctor is not a ‘workman’. Supreme Court 53
Notice pay can’t be deducted from gratuity. Ker. HC 72
Past conduct is relevant for imposition of punishment. Supreme Court 1
Reinstatement is not automatic in illegal termination. Del. HC 12
Appeal against levy of interest by RPFC not tenable before EPF Appellate Tribunal. Supreme Court 89
Moral turpitude as proved in enquiry would justify forfeiture of gratuity.Del.HC 6
Determination of provident fund dues without hearing the employer to be quashed. Bom. HC 25
Demanding provident fund contributions without identification of beneficiaries is not proper. Bom. HC 25
Abandonment cannot be presumed when no enquiry is held for unauthorized absence. P&H HC 31
Retrenchment compensation paid on termination for misconduct would not be construed as ‘retrenchment’. Del. HC 9
Dismissal of an employee causing substantial financial loss is justified.Del.HC 18
Resignation can’t be withdrawn after receiving dues in full and final settlement without any protest. Mad. HC 74
Failure to obtain registration and licence by principal employer and contractor respectively would not make contract labour system a sham and camouflage. Jhar. HC64
Increment or promotions can’t be claimed by a reinstated employee.Karn. HC 85
Employer will be permitted to prove charges when enquiry is declared vitiated. Bom. HC 23
Misuse of loan taken for construction of house would justify dismissal.Del. HC 57
Termination of a probationer will not be invalid merely by stating ‘unsatisfactory performance’. Del. HC 60
A charge-sheet cannot be challenged in writ petition. Cal. HC 96
Interference by Labour Court under S.11A of the I.D. Act is to be sparingly exercised. Supreme Court 1
Clubbing of two establishments for coverage under ESI must be based on functional integrality and interchangeability of workforce. Mad. HC 34
Coverage under ESI based on inspectors’ report without verification of employees and their description is liable to be quashed. Mad. HC 34
ESI dues will be recovered from both, principal employer and contractor. Karn. HC 51
Awarding of cost for setting aside ex-parte Award, reimburses the loss caused to the workman. Karn. HC 49
Sufficient cause is must for setting aside an ex-parte Award. M/s. Tech. Mahindra Limited vs. Mr. Ajay Bhagat (Major), Karn. HC 49
Gratuity can be forfeited only when pecuniary loss is caused by negligence of the employee. Del. HC 6
Travelling without ticket of an employee is a serious misconduct. Supreme Court 1
Sexual harassment of an employee would justify forfeiture of gratuity.Del. HC 6
Appeal before Employees’ Insurance Court & not Writ Petition is appropriate remedy. J&K HC 40
Depositing of provident fund contributions in the absence of functioning of the establishment would not arise. P&H HC 29
Acquittal in provident fund prosecution with justifiable reasons would not be perverse. P&H HC 29
A trainee not engaged under Apprentices Act to be covered by provident fund. Ker. HC 43
Compensation in lieu of reinstatement would be appropriate when long time has expired. P&H HC 31
Non rebuttal of unemployment by an employer would justify for entitlement of back-wages. P&H HC 31
Launching prosecution during pendency of dispute before Employees’ Insurance Court is not legal. P&H HC 33
No perversity in enquiry for non appearance of a witness being foreigner who stayed in a hotel. Del. HC 9
Written complaint is not necessary before initiating enquiry. Del. HC 9
Labour Court cannot reappraise evidence recorded in enquiry. Del. HC 9
Holding of enquiry is must before termination for misconduct. Del. HC 12
Retiral dues will be denied if employee fails to vacate accommodation.Del.HC 15
Mere pendency of criminal case will not justify non resumption of duties. Del. HC 17
Abandonment will be presumed when employee fails to respond notice by the registered post and publication in the newspaper to this effect. Del. HC 17
High Court will interfere in punishment only when it is excessive and principle of natural justice was violated. Del. HC 18
School employee covered by Delhi School Education Act cannot be transferred outside Delhi. Del. HC 5
Written statement by employer in Labour Court can be amended even at late stage provided no prejudice is caused to the workman. Bom. HC 23
It is for employee to prove that resignation was under coercion. Mad. HC 74
Medical profession is not a mere occupation for earning wages. Supreme Court 53
Ex-parte enquiry not justified when notice is sent at wrong address. Supreme Court 55
Fair and transparent procedure is sine qua non for a valid enquiry. Del. HC 57
A plea not taken earlier is not permitted to be taken later on. Del. HC 57
Termination can be challenged only when the workman has worked for 240 days. It is for workman to prove to have worked for 240 days. Guj. HC 84
Deposit of gratuity must for filing appeal before the Appellate Authority.MP HC 71
Correction of date of birth is not permissible at fag end of service. Karn. HC 87
Termination of probationer is not covered by definition of retrenchment. Del. HC 60
Suspension during enquiry is not punishment. Cal. HC 96
MAR 14:
A personal driver of an executive whose salary was reimbursed by the bank would not be a bank employee. Mad. HC 151
For coverage of establishment under Provident Fund, there should be 20 or more persons for its regular business. P&H HC 192
‘Basic wages’ comprise components which are universally, necessarily and ordinarily paid to all employees. Supreme Court 113
A resignation obtained at gun point on blank paper is not sustainable. P&H HC 178
Dismissal from service for habitual absence is justified. Karn. HC 187
Providing better medical facilities would not justify exemption from ESI Act. P&H HC 174
A compensatory allowance is given to meet the high cost of living in certain areas or for hardship to an employee. Supreme Court 113
Employee sacked for taking bribe got relief after 23 years. Supreme Court 115
Defying unlawful instructions of the Management is not a misconduct. Supreme Court 121
Pre-deposit for appeal before EPF Tribunal not necessary when it pertains to damages. Mad. HC 204
A contract, when camouflage, the workers of contractor will be of principal employer. Bom. HC 198
Dismissal proper when employee loses confidence of employer. Mad. HC 139
Setting aside the Award of Commissioner allowing compensation is erroneous. Supreme Court 117
Interest on accident compensation is payable from the date of accident. Supreme Court 119
Dismissal, based on non-compliance of unlawful orders of the Management, is to be set aside. Supreme Court 121
Compensation rightly awarded when the loader died by contact with electric wire. Karn. HC 189
Unless the punishment shocks conscience, no interference is called for. Mad. HC 139
Scope of judicial review is limited to deficiency in decision-making. Mad. HC 139
Findings of the Labour Court are perverse if the evidence is twisted by catching words and plastering them into Award. P&H HC 178
Settlement with an employee at Police Station is not valid. P&H HC 178
100% loss of earning capacity to be construed on total disablement of a driver to drive a vehicle. Bom. HC 137
Compensation Commissioner not bound by technical rigidity of Civil Procedure Code or Evidence Act. Bom. HC 137
Regular salary and full wages for suspension period payable when the charges are not proved in the enquiry. AP HC 168
Continuation of enquiry not to be stayed in the absence of any law. Del. HC 132
Principal employer liable if contractor fails to pay wages to workers. Del. HC 130
Punishment can be reduced when misconduct is not serious. Mad. HC 145
Strict rules of evidence not applicable in enquiry proceedings. Mad. HC 145
Dismissal of a bank employee justified on proved misconduct. Mad. HC 145
Confession supported with cogent evidence would not be under threat of coercion. Mad. HC 145
Length of service is not sufficient for regularization. Mad. HC 151
Onus to prove employer-employee relation is on the employee. Mad. HC 151
Status of employee as a ‘workman’ is to be decided at the threshold. Mad. HC 151
Dislocation of work due to absence of an employee, if not proved, dismissal will not be justified. Mad. HC 162
Under section 11A of I.D. Act, Labour Court can differ with the findings of Enquiry Officer in modifying the dismissal from service. Mad. HC 164
Workman must prove gainful unemployment to be entitled to back-wages. Mad. HC 164
Last drawn wages received under section 17B of ID Act are to be adjusted in back-wages as awarded. Mad. HC 164
EPF Authority, showing high handedness on recovery of money, is liable to pay interest himself @12% on money as recovered. Guj. HC 169
Non-renewal of contract of employment would not render the termination illegal. Del. HC 126
Service conditions which are not enumerated in standing orders would be applicable. Del. HC 126
No retrenchment compensation when the termination excluded by ‘retrenchment’. Del. HC 126
Termination based on an enquiry in violation of natural justice to be set aside. P&H HC 183
Non-furnishing list of witnesses, documents and denial of opportunity for cross-examination would violate the enquiry. P&H HC 183
Father and minor brother, if not earning, would be dependent of deceased hence entitled to accident compensation. MP HC 143
Pre-deposit of the determined money is a condition precedent for filing appeal before EPF Tribunal. Mad. HC 204
Provident fund dues to the retiree-employee are payable at the place where he/she resides. Ker. HC 209
Contract between principal employer and contractor is sham or not is to be decided under Industrial Disputes Act. Bom. HC 198
Employees not performing administrative or managerial functions would be ‘workmen’. AP HC 211
‘Employment’ is to be construed as in regular course of business to calculate employees for applicability of Provident Act. P&H HC 192
Second charge-sheet will supersede the first charge-sheet. Cal. HC 194
Non-production of documents not fatal in enquiry when inspection was allowed. Cal. HC 194
Court would be slow to interfere the findings of enquiring authority. Cal. HC 194
An enquiry not to be set aside merely that the preliminary enquiry was not conducted. Cal. HC 194
A doctor is not a ‘workman’. Supreme Court 53
Notice pay can’t be deducted from gratuity. Ker. HC 72
Past conduct is relevant for imposition of punishment. Supreme Court 1
Reinstatement is not automatic in illegal termination. Del. HC 12
Appeal against levy of interest by RPFC not tenable before EPF Appellate Tribunal. Supreme Court 89
Moral turpitude as proved in enquiry would justify forfeiture of gratuity.Del.HC 6
Determination of provident fund dues without hearing the employer to be quashed. Bom. HC 25
Demanding provident fund contributions without identification of beneficiaries is not proper. Bom. HC 25
Abandonment cannot be presumed when no enquiry is held for unauthorized absence. P&H HC 31
Retrenchment compensation paid on termination for misconduct would not be construed as ‘retrenchment’. Del. HC 9
Dismissal of an employee causing substantial financial loss is justified.Del. HC 18
Resignation can’t be withdrawn after receiving dues in full and final settlement without any protest. Mad. HC 74
Failure to obtain registration and licence by principal employer and contractor respectively would not make contract labour system a sham and camouflage. Jhar. HC 64
Increment or promotions can’t be claimed by a reinstated employee.Karn. HC 85
Employer will be permitted to prove charges when enquiry is declared vitiated. Bom. HC 23
Misuse of loan taken for construction of house would justify dismissal.Del. HC 57
Termination of a probationer will not be invalid merely by stating ‘unsatisfactory performance’. Del. HC 60
A charge-sheet cannot be challenged in writ petition. Cal. HC 96
Interference by Labour Court under S.11A of the I.D. Act is to be sparingly exercised. Supreme Court 1
Clubbing of two establishments for coverage under ESI must be based on functional integrality and interchangeability of workforce. Mad. HC 34
Coverage under ESI based on inspectors’ report without verification of employees and their description is liable to be quashed. Mad. HC 34
ESI dues will be recovered from both, principal employer and contractor. Karn. HC 51
Awarding of cost for setting aside ex-parte Award, reimburses the loss caused to the workman. Karn. HC 49
FEB 14:
A doctor is not a ‘workman’. Supreme Court 53
Notice pay can’t be deducted from gratuity. Ker. HC 72
Past conduct is relevant for imposition of punishment. Supreme Court 1
Reinstatement is not automatic in illegal termination. Del. HC 12
Appeal against levy of interest by RPFC not tenable before EPF Appellate Tribunal. Supreme Court 89
Moral turpitude as proved in enquiry would justify forfeiture of gratuity.Del.HC 6
Determination of provident fund dues without hearing the employer to be quashed. Bom. HC 25
Demanding provident fund contributions without identification of beneficiaries is not proper. Bom. HC 25
Abandonment cannot be presumed when no enquiry is held for unauthorized absence. P&H HC 31
Retrenchment compensation paid on termination for misconduct would not be construed as ‘retrenchment’. Del. HC 9
Dismissal of an employee causing substantial financial loss is justified.Del.HC 18
Resignation can’t be withdrawn after receiving dues in full and final settlement without any protest. Mad. HC 74
Failure to obtain registration and licence by principal employer and contractor respectively would not make contract labour system a sham and camouflage. Jhar. HC64
Increment or promotions can’t be claimed by a reinstated employee.Karn. HC 85
Employer will be permitted to prove charges when enquiry is declared vitiated. Bom. HC 23
Misuse of loan taken for construction of house would justify dismissal.Del. HC 57
Termination of a probationer will not be invalid merely by stating ‘unsatisfactory performance’. Del. HC 60
A charge-sheet cannot be challenged in writ petition. Cal. HC 96
Interference by Labour Court under S.11A of the I.D. Act is to be sparingly exercised. Supreme Court 1
Clubbing of two establishments for coverage under ESI must be based on functional integrality and interchangeability of workforce. Mad. HC 34
Coverage under ESI based on inspectors’ report without verification of employees and their description is liable to be quashed. Mad. HC 34
ESI dues will be recovered from both, principal employer and contractor. Karn. HC 51
Awarding of cost for setting aside ex-parte Award, reimburses the loss caused to the workman. Karn. HC 49
Sufficient cause is must for setting aside an ex-parte Award. M/s. Tech. Mahindra Limited vs. Mr. Ajay Bhagat (Major), Karn. HC 49
Gratuity can be forfeited only when pecuniary loss is caused by negligence of the employee. Del. HC 6
Travelling without ticket of an employee is a serious misconduct. Supreme Court 1
Sexual harassment of an employee would justify forfeiture of gratuity.Del. HC 6
Appeal before Employees’ Insurance Court & not Writ Petition is appropriate remedy. J&K HC 40
Depositing of provident fund contributions in the absence of functioning of the establishment would not arise. P&H HC 29
Acquittal in provident fund prosecution with justifiable reasons would not be perverse. P&H HC 29
A trainee not engaged under Apprentices Act to be covered by provident fund. Ker. HC 43
Compensation in lieu of reinstatement would be appropriate when long time has expired. P&H HC 31
Non rebuttal of unemployment by an employer would justify for entitlement of back-wages. P&H HC 31
Launching prosecution during pendency of dispute before Employees’ Insurance Court is not legal. P&H HC 33
No perversity in enquiry for non appearance of a witness being foreigner who stayed in a hotel. Del. HC 9
Written complaint is not necessary before initiating enquiry. Del. HC 9
Labour Court cannot reappraise evidence recorded in enquiry. Del. HC 9
Holding of enquiry is must before termination for misconduct. Del. HC 12
Retiral dues will be denied if employee fails to vacate accommodation.Del.HC 15
Mere pendency of criminal case will not justify non resumption of duties. Del. HC 17
Abandonment will be presumed when employee fails to respond notice by the registered post and publication in the newspaper to this effect. Del. HC 17
High Court will interfere in punishment only when it is excessive and principle of natural justice was violated. Del. HC 18
School employee covered by Delhi School Education Act cannot be transferred outside Delhi. Del. HC 5
Written statement by employer in Labour Court can be amended even at late stage provided no prejudice is caused to the workman. Bom. HC 23
It is for employee to prove that resignation was under coercion. Mad. HC 74
Medical profession is not a mere occupation for earning wages. Supreme Court 53
Ex-parte enquiry not justified when notice is sent at wrong address. Supreme Court 55
Fair and transparent procedure is sine qua non for a valid enquiry. Del. HC 57
A plea not taken earlier is not permitted to be taken later on. Del. HC 57
Termination can be challenged only when the workman has worked for 240 days. It is for workman to prove to have worked for 240 days. Guj. HC 84
Deposit of gratuity must for filing appeal before the Appellate Authority.MP HC 71
Correction of date of birth is not permissible at fag end of service. Karn. HC 87
Termination of probationer is not covered by definition of retrenchment. Del. HC 60
Suspension during enquiry is not punishment. Cal. HC 96
MAR 14:
A personal driver of an executive whose salary was reimbursed by the bank would not be a bank employee. Mad. HC 151
For coverage of establishment under Provident Fund, there should be 20 or more persons for its regular business. P&H HC 192
‘Basic wages’ comprise components which are universally, necessarily and ordinarily paid to all employees. Supreme Court 113
A resignation obtained at gun point on blank paper is not sustainable. P&H HC 178
Dismissal from service for habitual absence is justified. Karn. HC 187
Providing better medical facilities would not justify exemption from ESI Act. P&H HC 174
A compensatory allowance is given to meet the high cost of living in certain areas or for hardship to an employee. Supreme Court 113
Employee sacked for taking bribe got relief after 23 years. Supreme Court 115
Defying unlawful instructions of the Management is not a misconduct. Supreme Court 121
Pre-deposit for appeal before EPF Tribunal not necessary when it pertains to damages. Mad. HC 204
A contract, when camouflage, the workers of contractor will be of principal employer. Bom. HC 198
Dismissal proper when employee loses confidence of employer. Mad. HC 139
Setting aside the Award of Commissioner allowing compensation is erroneous. Supreme Court 117
Interest on accident compensation is payable from the date of accident. Supreme Court 119
Dismissal, based on non-compliance of unlawful orders of the Management, is to be set aside. Supreme Court 121
Compensation rightly awarded when the loader died by contact with electric wire. Karn. HC 189
Unless the punishment shocks conscience, no interference is called for. Mad. HC 139
Scope of judicial review is limited to deficiency in decision-making. Mad. HC 139
Findings of the Labour Court are perverse if the evidence is twisted by catching words and plastering them into Award. P&H HC 178
Settlement with an employee at Police Station is not valid. P&H HC 178
100% loss of earning capacity to be construed on total disablement of a driver to drive a vehicle. Bom. HC 137
Compensation Commissioner not bound by technical rigidity of Civil Procedure Code or Evidence Act. Bom. HC 137
Regular salary and full wages for suspension period payable when the charges are not proved in the enquiry. AP HC 168
Continuation of enquiry not to be stayed in the absence of any law. Del. HC 132
Principal employer liable if contractor fails to pay wages to workers. Del. HC 130
Punishment can be reduced when misconduct is not serious. Mad. HC 145
Strict rules of evidence not applicable in enquiry proceedings. Mad. HC 145
Dismissal of a bank employee justified on proved misconduct. Mad. HC 145
Confession supported with cogent evidence would not be under threat of coercion. Mad. HC 145
Length of service is not sufficient for regularization. Mad. HC 151
Onus to prove employer-employee relation is on the employee. Mad. HC 151
Status of employee as a ‘workman’ is to be decided at the threshold. Mad. HC 151
Dislocation of work due to absence of an employee, if not proved, dismissal will not be justified. Mad. HC 162
Under section 11A of I.D. Act, Labour Court can differ with the findings of Enquiry Officer in modifying the dismissal from service. Mad. HC 164
Workman must prove gainful unemployment to be entitled to back-wages. Mad. HC 164
Last drawn wages received under section 17B of ID Act are to be adjusted in back-wages as awarded. Mad. HC 164
EPF Authority, showing high handedness on recovery of money, is liable to pay interest himself @12% on money as recovered. Guj. HC 169
Non-renewal of contract of employment would not render the termination illegal. Del. HC 126
Service conditions which are not enumerated in standing orders would be applicable. Del. HC 126
No retrenchment compensation when the termination excluded by ‘retrenchment’. Del. HC 126
Termination based on an enquiry in violation of natural justice to be set aside. P&H HC 183
Non-furnishing list of witnesses, documents and denial of opportunity for cross-examination would violate the enquiry. P&H HC 183
Father and minor brother, if not earning, would be dependent of deceased hence entitled to accident compensation. MP HC 143
Pre-deposit of the determined money is a condition precedent for filing appeal before EPF Tribunal. Mad. HC 204
Provident fund dues to the retiree-employee are payable at the place where he/she resides. Ker. HC 209
Contract between principal employer and contractor is sham or not is to be decided under Industrial Disputes Act. Bom. HC 198
Employees not performing administrative or managerial functions would be ‘workmen’. AP HC 211
‘Employment’ is to be construed as in regular course of business to calculate employees for applicability of Provident Act. P&H HC 192
Second charge-sheet will supersede the first charge-sheet. Cal. HC 194
Non-production of documents not fatal in enquiry when inspection was allowed. Cal. HC 194
Court would be slow to interfere the findings of enquiring authority. Cal. HC 194
An enquiry not to be set aside merely that the preliminary enquiry was not conducted. Cal. HC 194
MAR 14:
Reinstatement with back-wages is not automatic even when termination is illegal. Del. HC 239
Irresponsible government officials, in contesting the trivial labour disputes, will be liable to pay the expenditure personally. Supreme Court 225
Neither Labour Court/Industrial Tribunal nor High Court is empowered to abolish contract labour system. Cal. HC 244
Enquiry during pendency of identical legal proceeding, if stayed, is likely to be prolonged. Supreme Court 226
Compensation payable to the dependents of a driver who was murdered by a co-driver in a quarrel. Uttr. HC 288
Acquittal by criminal court would not debar punishing an employee after holding an enquiry. Supreme Court 319
District Manager, without managerial power, held to be a ‘workman’. Cal. HC 256
No limitation prescribed for raising an industrial dispute. All. HC 305
Industrial Tribunal cannot travel beyond terms of reference. Cal. HC 290
Reinstatement appropriate when retrenchment compensation not paid to a workman. All. HC 282
Provident Fund Authority cannot challenge order. Cal. HC 255
Back-wages on reinstatement only when unemployment is pleaded. Cal. HC 256
Rescinding exemption under Employees’ Provident Fund Act can be challenged in the EPF Appellate Tribunal. All. HC 274
Past conduct is relevant for imposing major penalty. Jhar. HC 267
Non supply of relevant documents can vitiate enquiry. All. HC 275
Several irregularities by bank officer would justify his dismissal. Cal. HC 249
Documents as produced must be proved. All. HC 275
A writ petition is untenable due to unexplained inordinate delay. P&H HC 265
An enquiry must be held with open mind. All. HC 275
High Court to interfere when findings of lower court are perverse. Cal. HC 249
Second show cause notice is imperative before imposing punishment. Jhar. HC 267
High Court can’t examine findings of facts in writ jurisdiction. Jhar. HC 269
It is for workman to prove 240 days’ working in preceding 12 months. P&H HC 265
Imposition of damages for delayed payment of ESI dues justified with supporting reasons. Del. HC 236
Employment when proved, would justify compensation for accident. Del. HC 231
Reinstatement appropriate when termination is prima facie illegal. MP HC 270
Labour Court/Tribunal can interfere if enquiry is violative of principles of natural justice. All. HC 275
Termination sans domestic enquiry or retrenchment compensation will be illegal. MP HC 270
High Court can reduce back-wages in case of no proof of unemployment. Jhar. HC 267
Nature of duties, not designation, will determine the status of ‘workman’. Cal. HC 256
It is for the workman to prove unemployment during interregnum. MP HC 270
Appointment letter is decisive to determine as to who is employer. Cal. HC 244
Contractor’s employees for milk transportation not covered under ESI Act. Karn. HC 289
According consent for territorial jurisdiction would not be decisive factor. Cal. HC 256
Quantum of compensation, in lieu of reinstatement, depends upon duration of service, paying capacity of employer and period of litigation etc. P&H HC 264, Del. HC294
Back-wages only when unemployment is proved by workman. All. HC 305
Back-wages in a belated dispute would be from the date of Award and not termination. Del. HC 292
An order of reference is quashed if made without application of mind. Cal. HC 290
Provident Fund Authority cannot compel an employer to pay contribution to above prescribed ceiling. Cal. HC 301
Resignation is initiated by employee and termination by employer. Cal. HC 290
Setting aside dismissal of a driver guilty of rash driving and killing persons would be a misplaced sympathy. Mad. HC 308
Back-wages justified when termination is unjustified. MP HC 270
Defendant must know in advance as to what is to be defended. Cal. HC 314
Compensation on accident, under ESI, is substantial than under Employees’ Compensation Act. Mad. HC 315
Amendments of pleading are necessary to decide real controversy. Del. HC 323
Compensation justified when there is nexus between accidental death and the employment. AP HC 285
Burden of proof lies upon one who pleads the facts. All. HC 282
APR 14:
Managing Director, when not managing affairs of company, cannot be prosecuted for violation of ESI Act. Ker. HC 359
Reinstatement is proper when workman has withdrawn the option for VRS before acceptance. Supreme Court 337
High Court erred in setting aside dismissal of workman after enquiry wherein charges were proved. Supreme Court 337
A writ petition filed after 4 years should not have been entertained. Supreme Court 337
Dismissal of Junior Engineer for unauthorized absence is valid. Supreme Court 337
Legal assistant holding power of attorney not a ‘workman’. Del. HC 383
Settlement curtailing statutory rights of employees would be null and void. P&H HC 406
Secretary of society exercising managerial functions will not be a ‘workman’. Ker. HC 421
Minimum wages for managers not legal since they are not workmen.Ker. HC 415
Termination for stealing of watch of co-worker without enquiry would be vitiated. All. HC 422
On applicability of ESI Act, medical allowance will be discontinued. P&H HC 418
Reinstatement of contractual employee is liable to be set aside. Guj. HC 428
240 days working is must for challenging illegal termination. Del. HC 347
Appearance of a lawyer before Labour Court, if not objected on first date, can’t be objected later. Del. HC 345
Abolition of contract labour will not result in direct employment by principal employer. Jhar. HC 362
Mere violation of Contract Labour (R&A) Act not to result into automatic absorption of contract workers. Jhar. HC 362
Prosecution is liable to be quashed when employer has already deposited ESI dues. Ker. HC 359
Intimation only 2 days before leaving for abroad for a long period would justify termination. Del. HC 352
Dispute raised after 8 years not tenable. Del. HC 352
A dispute can be raised before Labour Court within 3 years. Del. HC 357
Compensation would be appropriate after long litigation of 22 years.Del. HC 356
Dismissal justified for unauthorized absence for over one year. Del. HC 349
Dismissal for unauthorized and long absence after enquiry is not disproportionate to misconduct. Del. HC 349
Transfer when as per condition of service should not be set aside. Del. HC 379
Employer not the Court to decide where an employee should be posted. Del. HC 379
Reinstatement not to be interfered when termination is violative of section 25F of the ID Act. Del. HC 389
Labour Court is empowered to recall its order when there is sufficient cause for non-appearance. P&H HC 394
Approval for termination from the Authority before whom dispute is pending, must be obtained. Cal. HC 397
Rejection presumed if an application for approval of termination is withdrawn. Cal. HC 397
On complaint under section 33A of ID Act there will be adjudication. Cal. HC 397
Retrenchment not vitiated by merely stating that junior workmen are retained. Del. HC 400
High Court will not interfere merely when summons received from Appellate Authority. P&H HC 397
Ex-parte Award to be set aside if employer alleges that workman was not employed by it. Del. HC 404
Damages for delayed deposit of provident fund can be demanded from issue of notification. All. HC 409
Seeking correction of date of birth, when not belated, should be considered. Gau. HC 391
Providing ‘service weightage’ for fixing minimum wages would not be bad in law. Ker. HC 415
Compensation instead of reinstatement would be appropriate after 26 years of litigation. All. HC 422
In a dispute, appropriate government exercises only administrative functions. Guj. HC 426
Declining to refer a dispute for general demands would not be justified. Guj. HC 426
Dismissal of bank employee justified when he has violated statutory regulation by recommending loans. Mad. HC 371
Gratuity can be forfeited when termination is under section 4(6) of the Gratuity Act. Raj. HC 366
Dismissal would be justified when delinquent fails to prove that complaint against him was mala fide. Uttr. HC 368
Misconduct when proved, sympathy is irrelevant. Uttr. HC 368
Findings of disciplinary authority should not be interfere by the Courts. Uttr. HC 368
Owner of a vehicle has to ensure driver possesses valid licence and not to verify from the licencing authority. HP HC 369
MAY 14:
Termination of employee for loss of confidence would be justified. P&H HC 477
Back-wages are not automatic even when termination is held illegal. Raj. HC 511
Labour Court will have limited power to reduce punishment when enquiry is fair and proper. P&H HC 477
Abandonment of job presumed when employee did not respond to reminders for resuming duties. Del. HC 461
Allegations, when levied, must be substantiated. Supreme Court 449
Reinstatement would not be justified when the workman did not respond to repeated letters calling upon to report for duty. Del. HC 453
No relief can be granted to a temporary workman and his termination is excluded by section 2(oo)(bb) of the ID Act. Del. HC 457
Transfer of an employee cannot be stayed merely because of medical problem. Jhar. HC 538
Principal employer not liable for ESI contributions in the absence of control and supervision over the employees of contractor. Mad. HC 536
Pension will be calculated on Rs.6,500 per month in the absence of any joint request for higher contribution towards pension. Pat. HC 520
Non production of postal receipt would not justify receipt of the document. Del. HC 461
Abandonment of job by an employee not proved when employer fails to reply demand letter by workman and the notice by ALC. P&H HC 484
Tiffin allowance not to attract EPF contribution when it varies on attendance. Bom. HC 470
Principal employer not liable to pay ESI contribution for the employees of contractor working outside the premises. Mad. HC 531
Tea allowance paid to employees on duty would not attract ESI contributions. Mad. HC 531
Workers alleging contract labour system as sham can approach labour authorities to refer the dispute for adjudication. Cal. HC 492
Compensation, in lieu of reinstatement, is appropriate to a terminated daily wager. Raj. HC 511
Begging forgiveness by a delinquent employee in the enquiry would be construed as charges proved. P&H HC 477
Compliance of 25F of ID Act is imperative even for a daily wager who has completed 240 days’ service. P&H HC 480
ESI Corporation liable to pay compensation to employee whose name is registered even when premium is not paid. Del. HC 465
Unless the services of workman are expressly terminated, employee-employer relationship would persist. Del. HC 461
Reinstatement with back-wages is justified when a workman is kept out of employment on the basis of a defective enquiry. P&H HC 487
Bonus can be claimed under ID Act if employee is eligible under the Payment of Bonus Act. HP HC 474
Reinstatement is justified on failure to comply with mandatory provisions for termination. P&H HC 484
Onus to prove for 240 days’ working is upon the workman. P&H HC 482
A dismissed workman can approach Labour Court within 3 years after 45 days of raising the dispute before conciliation officer. Cal. HC 498
Sections 33 and 33A of the ID Act aim to protect workman against victimisation. Cal. HC 503
Payment of Gratuity Act does not apply to working journalists. All. HC 507
High Court not to interfere in reference for adjudication pertaining to transfer. P&H HC 490
An employee, unauthorisedly holding possession of official accommodation for 10 years, not entitled to any relief. All. HC 509
Each day of delay for raising a dispute needs explanation. HP HC 473
An employer not obliged to provide canteen facility while employing less than 250 workers in the factory. Bom. HC 470
Reinstatement appropriate when termination of workman is violative of section 25F of the ID Act. Del. HC 458
Dismissal for unauthorized absence liable to be set aside when workman was vomiting blood and admitted in the hospital. Karn. HC 546
Statutory limit for contribution for pension cannot be stretched out by Courts. Pat. HC 520
Labour Court would interfere in punishment only when it shocks to conscious and is disproportionate to misconduct. P&H HC 524
Reinstatement with back-wags appropriate on termination without enquiry. Del. HC 518
Punishing one out of two employees jointly accountable would not be justified. MP HC 528
Punishment not justified when enquiry is prolonged for 19 years. MP HC 528
Opportunity for hearing be given by Labour Court when the enquiry is held to be defective. Karn. HC 541
Termination, one month notice pay and filing of application for approval not necessarily to be simultaneous. Karn. HC 543
Reinstatement is rightly denied on closure of a unit. Del. HC 547
Alleging denial of cross-examination of witnesses as the evidence not recorded in presence of workman is untenable. Supreme Court 449
‘No work, no wages’ will not be applicable when workman is wrongly kept away from work. P&H HC 487
To prove 240 days’ working, workman can call for record from the employer. P&H HC 482
Reference of a dispute for adjudication will be presumed on an application under section 33A(b) of the ID Act. Cal. HC 503
Unless reference is made to particular documents on production of it would not vitiate enquiry. Supreme Court 449
Contractual employees will not be covered by Rules and Regulations of Haryana Government. P&H HC 477
240 days’ working will stand proved when workman was paid through cheque. P&H HC 480
High Court, in writ jurisdiction, interferes only when Award of the Labour Court is prima facie erroneous. P&H HC 487
Even casuals/daily wagers, having worked for 30 days’ are entitled to get bonus. HP HC 474
Last drawn wages during pendency of dispute is payable to a workman entitled to reinstatement under section 33A of the ID Act. Cal. HC 503
Taking full fare but issuing ticket for less amount would justify conductor’s dismissal. Supreme Court 449
Enquiry will be fair and proper when workman is furnished with required documents to cross-examine the witnesses. P&H HC 477
Industrial Tribunal not Labour Court to decide matters pertaining to bonus. HP HC 474
Allegation of victimization, when levied, must be proved. Del. HC 547
JUN 14:
Mere submission of medical certificate without supporting application would not justify absence Del. HC 626
Enquiry will be proper when workman has appeared and cross-examined the witnesses. Del. HC 626
Declaration of lock out will be justified when the workers damaged the properties and assaulted the manager. Gau. HC 613
Once there are 20 employees Provident Fund Act becomes applicable even when the total number is reduced. Del. HC 611
Transfer of an employee from Guna to Bhopal cannot be stalled merely that he will not be able to get medical facilities. MP HC 640
Part-time sweeper is also a ‘workman’. Cal. HC 642
Dismissal based on conviction not tenable when offence was committed outside employer’s premises. P&H HC 651
Mere negligence of employee, will not debar him from accident compensation. Del. HC 566
240 days’ continuous working is the condition precedent for challenging wrongful termination. All. HC 576
Abandonment can be presumed when the workman did not resume duty despite repeated letters. Del. HC 598
Dependents of the deceased driver on duty will be entitled to accident compensation. Del. HC 607
Owner of a hotel can be treated as employee for coverage under ESI Act. Ker. HC 637
Once there are 20 employees Provident Fund Act becomes applicable even when the total number is reduced. Del. HC 608
House rent allowance, if not included in wages for compensation, would render retrenchment as illegal. Del. HC 647
Insurer is liable for compensation when accident arises in course of employment. Del. HC 566
Compensation for an accident can be denied only when victim was under the influence of liquor/drugs. Del. HC 566
100% accident compensation when employee is rendered totally disabled. Del. HC 566
Last drawn wages payable to a reinstated workman if the employer challenges the award in the higher court. Ker. HC 581
Delay of 10 years for claiming accident compensation can’t be condoned. Del. HC 561
Liability of compensation only when accident arises out of and in the course of employment. Del. HC 561
Ex-parte proceedings can be set aside against cost. Raj. HC 574
Even a belated dispute has to be referred for adjudication. Guj. HC 576
Reinstatement of a daily wager by raising the dispute after 8 years of termination is unsustainable. All. HC 576
It is for terminated workman to prove to have worked for 240 days.All. HC 576
A quasi judicial authority must pass only a speaking order. Bom. HC 569
Declaration of ‘protected workmen’ not always necessary within 15 days of the communication. Karn. HC 592
An employer can decline to declare a ‘protected workman’ who is dismissed Karn. HC 592
Section 11A of the ID Act ensures that there is no victimization of unfair treatment to a workman. Ori. HC 583
Supporting reasons must be given for modifying punishment Ori. HC 583
Acquittal will not affect continuation of disciplinary action. Jhar. HC 588
Abandonment cannot be presumed in the absence of cogent evidence. P&H HC 571
Termination sans retrenchment compensation is illegal. P&H HC 571
Reinstatement justified when termination is violative of natural justice. P&H HC 571
Compensation, not reinstatement would be appropriate to a daily wager. All. HC 615
Trend of recent judgments reveal awarding of compensation instead of reinstatement. All. HC 615
Non-rebuttal of averment of the employer in written statement by the workman would justify the contention. Del. HC 598
Dispute challenging retirement age is beyond pale of section 2A of ID Act. Del. HC 604
Alteration of retirement age can be challenged when espoused by appreciable number of workmen. Del. HC 604
A school rightly covered under Provident Fund when the principal has affirmed about employment of 20 employees. Del. HC 611
A principal employer can also be treated as an ‘employee’ under ESI Act. Ker. HC 637
For unauthorised absence termination of service would be appropriate. Del. HC 626
Alleging denial of opportunity in an enquiry by an employee would be untenable when he failed to participate enquiry. Del. HC 626
Medical expenses for accident, if not claimed in the petition, would not justify claiming it subsequently. Del. HC 634
Back-wages on reinstatement rightly denied when termination challenged after 11 years. Bom. HC 636
Suffering chest pain after long distance drive by a deceased truck driver would justify accident compensation. Del. HC 623
Transfer, when made because of administrative reasons, would be justified. MP HC 640
‘Workman’ will include casual, temporary or part time employee. Cal. HC 642
Employer-employee relationship will be established when workman was getting monthly remuneration. Cal. HC 642
Reinstatement with back-wages appropriate on non-payment of retrenchment compensation and notice pay on termination. Cal. HC 642
Dignity of labour, constitutionally ensured, needs proper recognition. Cal. HC 642
‘Hire and fire’ rule extraneous for achieving social justice. Cal. HC 642
Seniority list must be displayed before effecting retrenchment. Del. HC 647
Back-wages on reinstatement after employee was acquitted in criminal case. P&H HC 651
Remedy for recovery of money against employer, if availed in Civil Court, would not be permitted before the Labour Court. P&H HC 656
An employee having more than one forum for redressal can opt anyone. P&H HC 656
Reinstatement without back-wages is appropriate if the litigation has taken a long. Karn. HC 597
JUL 14:
Termination of a workman, appointed for a fixed-term, is not illegal. P&H HC 738
Artificial breaks in service tantamount to ‘unfair labour practice’. Supreme Court 673
Employee of licensed contractor cannot raise claim upon principal employer. P&H HC 747
Gratuity Act does not contemplate distinction among permanent, temporary or substitute employee. Mad. HC 728
A contractor is liable to pay accident compensation to the claimant. Bom. HC 717
High Court can interfere in an Award when it is illegal. P&H HC 747
Disciplinary action, initiated with biased mind, is not tenable. Cal. HC 764
An ex-parte Award will not be set aside in absence of sufficient cause. Cal. HC 769
Probationary services can be terminated without notice. P&H HC 737
Death of a driver due to heart attack caused by stress will be an injury by accident. Mad. HC 733
Plea of abandonment in absence of domestic inquiry is untenable. Del. HC 696
Central Industrial Disputes Act overrides U.P. Industrial Disputes Act. Supreme Court 673
Default in deposit of provident fund dues to be condoned when not wilful. Ker. HC 771
Quantum of punishment not to be interfered after holding of enquiry as proper. Raj. HC 751
Non-issuance of tickets to passengers by conductor is a serious misconduct. Raj. HC 751
Termination after repeated artificial breaks is not protected by I.D. Act. Supreme Court 673
Apprehension of bias is a disqualification for an adjudicator. Ori. HC 757
Punishment is unsustainable when disciplinary proceedings are against natural justice. Cal. HC 764
Divorced wife cannot claim accident compensation. Bom. HC 720
Date of birth stated in Civil Court would prevail all other records. Supreme Court 687
EPF Appellate Tribunal can’t condone delay in filing appeal beyond 120 days. Del. HC 712
An employee employed even for one day is to be counted for coverage under Provident Fund Act. Del. HC 702
Apprentices not engaged under the Apprentices Act are entitled to gratuity. Mad. HC 728
Death due to occupational stress of employee would entail compensation. Mad. HC 729
Labour Court is empowered to interfere with penalty imposed by employer. Mad. HC 735
Acting as Enquiry Officer and imposing punishment will violate natural justice. Ori. HC 757
Non-supply of documents would vitiate enquiry. Ori. HC 757
Principal employer can be liable for accident compensation if contractor fails to pay. Bom. HC 717
Industrial Tribunal not to decide territorial jurisdiction in reference case. Del. HC 691
Government can refer dispute of transferred employee, if not allowed to resume duty. Del. HC 696
Limitation of two years for filing accident claim starts from the date of accident. Del. HC 707
Limitation Act not applicable in appeals before EPF Appellate Tribunal. Del. HC 712
Compensation Commissioner holding cause of death stress and strain untenable when medical records state ‘malaria’. Del. HC 701
Gratuity Act over-rides all other enactments. Mad. HC 728
Apprentices under the Apprentices Act are exempt by Gratuity Act. Mad. HC 728
Mental stress during employment to be considered as employment injury attracting compensation. Mad. HC 729
High Court to interfere when there is perversity in the Award. Mad. HC 735
When enquiry is vitiated, workman would be entitled to reinstatement with back-wages. Ori. HC 757
Termination of a probationer is not retrenchment. P&H HC 737
Compensation in lieu of reinstatement is to be based on nature and length of service and ground of termination, etc. P&H HC 740
An industrial dispute can be raised any time. P&H HC 743
A claim is to be quashed if employer-employee relationship is not proved. P&H HC 747
Payment for medical expenses by principal employer would not establish employer-employee relationship. Raj. HC 753
Workman has to prove that the principal employer employed him. Raj. HC 753
Award without any convincing or cogent reason is not sustainable. Raj. HC 751
Only dependant, not the legal heir is entitled to the compensation. Raj. HC 749
Lesser pay is to aggravate the injury resulting heart attack for accident compensation. Mad. HC 729
UP Industrial Disputes Act has no parallel to section 2(oo)(bb) of Central Act. Supreme Court 673
Rs.5 lakhs compensation is justified when workman did not comply with transfer order. Del. HC 696
While levying damages, EPF Authorities must consider severe financial constraints for delay in deposit of dues. Ker. HC 771
Dispute regarding wages and other benefits cannot be resolved under section 33-C(2) of I.D. Act. AP HC 722
Construction activity cannot be treated as regular business. Bom. HC 717
Territorial jurisdiction of reference can be challenged in the High Court. Del. HC 691
When Commissioner takes a different view, the High Court can interfere. Del. HC 701
Punishment disproportionate to misconduct is to be substituted by compensation. Del. HC 708
AUG14
Any Director of a Company, not responsible for its affairs, can’t be prosecuted under Minimum Wages Act. HP HC 831
Beneficiaries must be identified on demand of Provident Fund dues. Bom.HC 792
Accident of an employee for compensation is not restricted to place of work. Supreme Court 854
Enquiry can’t be dispensed with even when delinquent admits the charges. Uttr. HC 871
For minor punishment, regular enquiry is not necessary. Supreme Court 785
Assaulting superior with stick and stone is a grave misconduct. Bom. HC 795
Merely working for 240 days cannot be the sole ground for regularization. Jhar. HC 842
Transfer when not mala fide, can’t be challenged. Mad. HC 830
Contract labours can’t seek regularization in absence of notification for abolition. Gau. HC 819
Supervision of contractors’ employees will not create relationship with company. Gau. HC 819
No employee can be punished without show-cause notice and enquiry. Uttr. HC 822
Inordinate and unexplained delay for claiming gratuity not justified. Cal. HC 869
Reinstatement unjustified merely for violation of section 25-F of the Industrial Dispute Act.Raj. HC 861
Reinstatement not mechanically awarded even in cases of wrongful termination. P&H HC 864
Non-furnishing of report of EPF squad to employer will be violative of natural justice. Cal. HC 866
Wages paid to workman during pendency of proceedings in higher court not refundable. AP HC 876
Repetition of abusive and foul words against superiors will justify dismissal. Bom. HC 797
Non-compliance of section 25F of Industrial Disputes Act will set aside termination. P&H HC 817
A driver is considered in employment for to and fro from the place of duty. Supreme Court 854
Death by drowning while taking bath not to justify accident compensation. All. HC 826
Primary liability for deposit of EPF contribution is upon principal employer. Cal. HC 866
If termination is quashed, reinstatement with back-wages will follow. P&H HC 817
Reinstatement can be substituted by compensation. P&H HC 812
Apprentices under its Act or Standing Orders not covered under EPF&MP Act. Ker. HC 807
An Award sans discussion of evidence is quashed. Gau. HC 819
A complaint under Minimum Wages Act against top executives without arraigning the Company is untenable. HP HC 831
Compensation in lieu of reinstatement is proper on belated claim. Uttr. HC 823
Employee whose contributions were payable is an “insured person” under ESI. Ker. HC 805
Contractors can seek voluntary coverage when not coverable under PF Act. Gau. HC 809
Payment of wages, control & supervision are decisive to determine whether contractor or employer employs contract labour. Jhar. HC 842
Bonus or ex-gratia cannot be claimed under section 33-C (2) of the I.D. Act. P&H HC 815
Manufacturing of ornaments is ‘industrial establishment’ covered by Standing Orders. Ker. HC 807
Only incharge can be prosecuted under Minimum Wages Act. HP HC 831
Exempted establishment liable for damage for delayed deposit of EPF contributions. Mad. HC 838
Delay beyond 120 days can’t be condoned for filing appeal in EPF Appellate Tribunal. Bom. HC 792
Adverse inference against Management for non-production of attendance register not justified in absence of any order. Jhar. HC 842
Mere non-compliance of Contract Labour (R&A) Act not to result in regularization. Jhar. HC 842
Back-wages not justified if workman fails to establish unemployment. Uttr. HC 823
Mere control and supervision of the contractor’s employees by the principal employer is not decisive. Jhar. HC 842
Assaulting co-workers in train while coming to work place will justify dismissal. Bom. HC 789
Issuance of show-cause notice and imposing penalty is not legal. Uttr. HC 822
Bonus Act is not applicable upon Haryana Roadways. P&H HC 815
Dismissal of a truck driver justified when the accident resulted into deaths. Raj. HC 848
Dismissal justified when assaulting superior is proved in an enquiry.Bom. HC 795
An enquiry not based on evidence will be perverse. Ker. HC 800
Reinstatement can be substituted by reasonable compensation. Raj. HC 861
Proceedings under I.D. Act not to lapse on death of a party. Gau. HC 862
Levy of damages for delayed deposit of EPF contribution due to unavoidable circumstances not justified. Cal. HC 870
Refusal to obey the superior would be construed ‘insubordination’. Ker. HC 800
Insurer can’t escape the liability for interest on accident compensation. Supreme Court 854
Employer to deposit Rs.2 crore on remand of proceedings under PF Act. Cal. HC 866
EPF Appellate Tribunal can modify or annul the order appealed against. MP HC 874
Reduction of damages to 50% by EPF Tribunal not to be interfered. MP HC 874
Employment does not necessarily end when the “down tool” signal is given. Supreme Court 854
SEP 14:
Prosecution of Occupier/Manager for an accident, in factory, is to be quashed if launched after 3 months. Supreme Court 897
Office bearers of a trade union have no privilege for misconduct. Mad. HC 972
Termination for long absence, due to illness, supported with genuine medical certificates is not justified. Supreme Court 901
Reinstatement and back-wages are not automatic. All. HC 950
Clubbing for coverage under provident fund can be done when one unit cannot exist without the other. Cal. HC 958
RPFC is bound by order of EPF Appellate Tribunal and not entitled to challenge. Cal. HC 963
Taking Rs.1,000 from a guest, by a hotel employee, to procure a floozy would justify his dismissal. Del. HC 911
Senior Stores Officer, in the managerial cadre, will not be a ‘workman’. Del.HC 916
Dismissal for go slow and frequent strikes, when proved, would be justified. Mad. HC 972
No enquiry is required for termination of a probationer. P&H HC 985
Employee, not the employer, has to prove 240 days of working. P&H HC 934
Criminal liability for violation of PF Act remains upon perpetrator. Supreme Court 905
Demand notice, not replied by employer, will support the claim of workman. Del. HC 920
EPF Authority under section 7-A is vested with powers of a civil court. P&H HC 940
Insisting for separate code number for Provident Fund for different unit of establishment not justified. Cal. HC 958
Gratuity and retiral benefits cannot be withheld. Supreme Court 964
Declining to call witnesses without reason would vitiate enquiry. Supreme Court 901
Labour Court is empowered to examine correctness of enquiry findings. P&H HC 931
Adverse inference will be drawn when employer fails to produce records. P&H HC 934
Belated dispute, without justifiable delay, would not be ‘industrial dispute’. P&H HC 936
Damages for delayed deposit of provident fund dues can be recovered from transferor and transferee of establishment. Supreme Court 905
Averments of workman when not rebutted would justify his claim. Del. HC 920
Whether an establishment is new for applicability of Provident Funds Act is to be decided in appeal. Cal. HC 949
Determining provident fund dues without summoning the relevant documents is to be set aside.P&H HC 940
Employee is to prove his employment to receive accident compensation. Del.HC 928
Claimant for compensation must prove that the accident arose out of employment. Del. HC 925
Compensation is appropriate when termination was before 30 years. All.HC 950
Back-wages rightly denied when the employees refuse to work at other place after their place of work was gutted. Cal. HC 962
Reinstatement of hotel employee quashed when he acted as a pimp. Del. HC 911
Signature on appointment letter is conclusive proof of date of appointment. Del. HC 981
Belated claim for compensation would not justify the claim. Del. HC 928
Termination without retrenchment compensation would be illegal. HP HC 990
Solitary statement of workman not sufficient to prove 240 days of working. P&H HC 936
Rs.5 lakhs towards compensation, in lieu of reinstatement, would be appropriate. P&H HC 967
Gratuity rightly withheld when, despite undertaking, the employee did not vacate the accommodation. Jhar. HC 966
Workman will be debarred from challenging termination if notice was only for bonus. Del. HC 981
Probationer can be terminated without any reason during probation period. P&H HC 985
Limitation not applicable, for restoration of appeal, before EPF Appellate Tribunal. Del. HC 923
Reinstatement would follow the non-compliance of section 25F of ID Act. P&HHC 930
Death of an employee even from pre-existing decease would justify accident compensation. Karn. HC 952
Reinstatement appropriate when the medical certificates, during absence, not contradicted by the employer. Supreme Court 901
Employer can adduce evidence before labour court in support of application. P&H HC 931
Compliance of section 25F of ID Act is not required when 240 days working not proved. P&H HC 936
Newspaper report is not evidence for proving employment. Del. HC 925
EPF Authority not to challenge the quashing of order by EPF Provident Fund Commissioner. Karn. HC 956
While challenging the applicability of ESI upon an establishment, affected employees are to be impleaded in appeal. Ker. HC 970
Compensation Commissioner can direct deposit of compensation when he comes to know about accidental death from any source. Bom. HC 978
No retrenchment compensation payable on termination of a probationer. P&H HC 985
Accident compensation, when wrongly paid, can be recovered. Del. HC 925
Writ petition filed after 32 months not tenable. Del. HC 981
Deposit of compensation by employer cannot be insisted when he denies the relationship of employer and employee. Bom. HC 978
OCT 14:
Prosecution of employer for breach of the provisions of Industrial Disputes Act without affording explanation for violation liable to be set aside.
Mach Aero Components P. Ltd. through its Chief Administrative Officer vs. Labour Commissioner, Government of Karnataka & Ors., Karn. HC 1065
Workers of statutory canteen run by contractor would not be treated as employees of principal employer.
Balwant Rai Saluja & Anr. vs. Air India Ltd. & Ors., Supreme Court 1009
Removal of an employee for indiscipline is not tenable in absence of supporting documents.
Ram Narain Singh vs. State of Punjab & Ors., Supreme Court 1026
After retirement of employee, employer will have no control over him.
Maharashtra Gramin Bank vs. Dhondiba Raghoji Kahalekar & Ors., Bom. HC 1037
Gratuity of an employee on his retirement can’t forfeited mere by because disciplinary proceedings are pending against him.
Maharashtra Gramin Bank vs. Dhondiba Raghoji Kahalekar & Ors., Bom. HC 1037
Misconduct would stand proved when employee has confessed misappropriation earlier.
Sankar Prasad Ray vs. West Bengal State Electricity Distribution Company Ltd. & Ors.. Cal. HC 1038
Allegation of the workman that he asked and made to sign blank paper when not proved would be untenable.
Anil Kumar vs. M/s. Sahara Steel, Del. HC 1032
An employee can’t be asked to furnish bank guarantee for receiving gratuity because a charge-sheet has been issued.
Maharashtra Gramin Bank vs. Dhondiba Raghoji Kahalekar & Ors., Bom. HC 1037
Personal employee of Managing Director but being paid by company would justify coverage of establishment under Provident Fund Act with 20 employees.
Sinha Shipping Pvt. Ltd. vs. The Assistant Provident Fund Commissioner, Regional Office, Delhi North, Del. HC 1028
Performing incidental work by a person would be deemed employee for coverage under Provident Fund Act.
Sinha Shipping Pvt. Ltd. vs. The Assistant Provident Fund Commissioner, Regional Office, Delhi North, Del. HC 1028
Last drawn wages payable to reinstated workman when the employer has challenged the Award in higher court.
Their Workman represented by the Secretary Bihar Jasnta Khan Mazdoor Sangh vs. Employer in relation to the Management of Sijua Area of M/s. Bharat Coking Coal Limited, Jhar. HC 1041
Model Standing Orders apply till the employer sends standing orders for certification.
Mach Aero Components P. Ltd. through its Chief Administrative Officer vs. Labour Commissioner, Government of Karnataka & Ors., Karn. HC 1065
Non-consideration of relevant facts would vitiate findings.
Mach Aero Components P. Ltd. through its Chief Administrative Officer vs. Labour Commissioner, Government of Karnataka & Ors., Karn. HC 1065
An order issued by incompetent person will be set aside.
Mach Aero Components P. Ltd. through its Chief Administrative Officer vs. Labour Commissioner, Government of Karnataka & Ors., Karn. HC 1065
Gratuity can be forfeited only on termination for any of the prescribed misconducts.
C.C.I. Ltd., Udupi vs. Deputy Labour Commissioner and Appellate Authority under the Payment of Gratuity Act & Ors., Karn. HC 1064
Perversity in the Award would justify its setting aside.
State Bank of Travancore, rep. by its Asst. General Manager-III vs. Industrial Tribunal, Alappuzha and Ors., Ker. HC 1044
Additional documents can’t be produced without request.
State Bank of Travancore, rep. by its Asst. General Manager-III vs. Industrial Tribunal, Alappuzha and Ors., Ker. HC 1044
Demanding ESI contribution without verifying records is not tenable.
Regional Director, Employees’ State Insurance Corporation, Thrissur & Ors. vs. Divya Exports Enterprises, Ker. HC 1046
Reinstatement would be justified when enquiry is not proper held and documents not supplied.
Management, N.N.565 Thiruvetriyur Primnary Agricultural Co-operative Bank Ltd. vs. Labour Court, Madurai & Anr., Mad. HC 1053
Abandonment of service will depend on intention of employee.
Management, N.N.565 Thiruvetriyur Primnary Agricultural Co-operative Bank Ltd. vs. Labour Court, Madurai & Anr., Mad. HC 1053
Industrial dispute can be raised where employee working on last day or at the location of the head quarters of the establishment.
Naresh Prabhakar vs. Industrial Tribunal, Amritsar and Others, P&H HC 1056
Misuse of housing loan by bank employee would justify termination.
Santosh Kumar Shukla vs. Syndicate Bank and Ors., All. HC 1059
Termination of an employee who worked for more than 240 days without retrenchment compensation will be illegal.
Raj Kumar and Another vs. Industrial Tribunal, Patiala & Others, P&H HC 1092
Enquiry for misconduct is imperative under Standing Orders.
Raghubir Singh vs. General Manager, Haryana Roadways, Hissar, Supreme Court 1075
Change in conditions of service without prescribed procedure will be illegal.
Raghubir Singh vs. General Manager, Haryana Roadways, Hissar, Supreme Court 1075
Termination for unauthorised absence, without enquiry, not justified.
Raghubir Singh vs. General Manager, Haryana Roadways, Hissar, Supreme Court 1075
Abandonment for unauthorised absence is unsustainable without notice for resumption of duty to employee.
Management, N.N.565 Thiruvetriyur Primnary Agricultural Co-operative Bank Ltd. vs. Labour Court, Madurai & Anr., Mad. HC 1053
Industrial dispute can be raised by a workman at any time.
Raghubir Singh vs. General Manager, Haryana Roadways, Hissar, Supreme Court 1075
Limitation not to apply for raising an industrial dispute.
Raghubir Singh vs. General Manager, Haryana Roadways, Hissar, Supreme Court 1075
Dismissal of a workman liable to be set aside when violative of principle of natural justice.
Raghubir Singh vs. General Manager, Haryana Roadways, Hissar, Supreme Court 1075
Unity of ownership, financial integrality of 3 establishments would justify coverage under Provident Fund Act.
Manav Mandir Hotel vs. Regional Provident Fund Commissioner, Chatt. HC 1088
NOV 15:
Unless a Director has ultimate control over the management of an establishment, he cannot be prosecuted for violation of ESI Act. HC 1221
Mere submission of application for leave does not mean that it is sanctioned. HC 1128
Productivity linked bonus, paid to all employees, would not be treated as ‘wages’ for provident fund contributions. Del. HC 1122
Dismissal not disproportionate when a bank employee has lost confidence. HC 1164
Prosecution of Managing Director under Maternity Benefit Act not proper when he was not dealing day-to-day affairs. HC 1208
Representation by a lawyer in domestic enquiry is not permissible. HC 1224
Abandonment can be presumed without holding of enquiry for absence. Uttr. HC 1186
Reinstatement to a habitual absentee is not proper. HC 1187
Reinstatement with back-wages not a rule. All. HC 1157
Removal of bank employee justified when found guilty of embezzlement. Jhar. HC 1164
Only Insurance Court can decide coverage of establishment under ESI. Ker. HC 1168
Supervision and control by an employer is a decisive factor for determination of relationship of employer and employee. P&H HC 1171
Removal not justified when the absence is without leave. Del. HC 1128
Pre-deposit of awarded amount is a must for filing appeal under Employees’ Compensation Act. J&K HC 1177
Back-wages not justified when unemployment is not established. Raj. HC 1179
Reinstatement to follow when enquiry is vitiated. Uttr. HC 1186
Labour Court can set aside dismissal when it is arbitrary and vindictive. Mad. HC 1192
Once a dispute is referred, the Tribunal must resolve the same. AP HC 1146
Opportunity to delinquent must be given when disciplinary authority differs with findings of the Enquiry Officer. HC 1189
Reinstatement with back-wages appropriate when Management fails to establish misconduct against the workman. Bom. HC 1140
Pension and gratuity are not bounty to be distributed by employer. Supreme Court 1121
Retrenchment compensation is a must for workman having worked for 240 days. P&H HC 1210
While recovering EPF arrears at first instance the attached assets be sold. Uttr. HC 1212
Any finding of the Enquiry Officer, on mere suspicion, is not sustainable. HC 1217
Principal employer is liable to pay compensation to employees of contractor. Bom. HC 1136
State and not central government would be appropriate government under CLRA Act. HP HC 1205
Ex-gratia can’t be claimed as a matter of right. Gau. HC 1201
Workers of contractor when not paid by principal employer cannot become employees of latter. Del. HC 1122
Fixed-term appointment is excluded by ‘retrenchment’. Del. HC 1131
Prejudice can be caused for non-supply of documents of enquiry report. Ori. HC 1151
Payment of overtime cannot be denied even if it is beyond 50 hours in a quarter. Pat. HC 1215
Compensation is appropriate on delay in challenging termination. All. HC 1157
Abandonment for absence of 10 days is not justified. HC 1128
High Court will interfere punishment when it is shockingly disproportionate. Mad. HC 1192
50% and not full back-wages when there is inordinate delay in raising dispute. Ori. HC 1151
Dismissal for habitual absence would be justified without enquiry. Uttr. HC 1187
A plea, when not taken before Labour Court, can’t be taken in the High Court. P&H HC 1210
A bank employee must observe high standard of integrity. Jhar. HC 1164
Adverse inference is to be drawn on not producing record. P&H HC 1171
Six years of unexplained delay in filing writ would not justify any relief. P&H HC 1173
Non-deposit of awarded amount on filing appeal under Employees’ Compensation Act cannot be rectified by offering payment. J&K HC 1177
Finding of facts by Labour Court/Tribunal can be challenged if there is perversity. HC 1140
Onus of proof shifts upon employer when workman pleads unemployment. P&H HC 1210
Problems of handicapped person must be attended with utmost human touch. P&H HC 1210
Reasons for condonation of delay are imperative when application for minimum wages filed after six months. HC 1214
DEC 14:
Abandonment of employment depends upon intention of a workman. P&H HC 1240
Reinstatement is not a thumb rule on termination of every daily-wager. P&H HC 1238
Provident Fund Commissioner cannot challenge the order reversed by EPF Appellate Tribunal. Cal. HC 1242
Holding of enquiry is imperative for termination even for misappropriation. HC 1247
No wages, under section 17-B of Industrial Disputes Act, after superannuation. Del. HC 1250
No compensation when occurring of accident not proved during employment. HC 1234
More beneficial gratuity scheme, over Payment of Gratuity Act, is permissible. Karn. HC 1249
Show cause notice is sufficient compliance of principles of natural justice. Jhar. HC 1235
Non-service of notice of accident is an offence under Bihar Factories Rules. Jhar. HC 1237
Enquiry to be quashed if enquiry report along with second show-cause notice is not supplied to delinquent. Mani. HC 1247
Failure of workman to prove working of 240 days will not vitiate Raj. HC 1244
Back-wages rightly denied in the absence of proof for unemployment. HC 1246
Full back-wages on reinstatement when workman proved unemployment during interregnum. HC 1254
Employer’s refusal to workman to resume duties would establish that he has not abandoned his job. P&H HC 1240
High Court will interfere when back-wages are denied on illegal termination. Bom. HC 1254
Bihar Factories Rules do not contemplate personal hearing before revoking competency certificate. Jhar. HC 1235
Relationship of employer-employee must be established on claim for compensation in accident. All. HC 1234
Relief of back-wages on reinstatement will depend upon gainful employment. All. HC 1233
Reinstatement justified when a workman has been illegally retrenched. P&H HC 1240
Full back-wages when termination of workman is not on technical ground. Bom. HC 1254
Legality of an order by the Court can be judged on materials on record. HC 1237
Compensation instead of reinstatement appropriate when termination is illegal. P&H HC 1238
EPF Authority cannot be aggrieved party when its order is set aside by the EPF Appellate Tribunal. Cal. HC 1242
Initially it is for workman to prove 240 days working before his termination.Raj. HC 1244
Reinstatement to a workman, after 10 years of termination is unjustified. Uttr. HC 1246
Denial of 50% back-wages without supporting reasons not justified. Bom. HC 1254
Back-wages on reinstatement to a dishonest bus conductor not justified. Mad. HC 1261
Contract of employment between a workman and his employer comes to an end with superannuation of workman. Del. HC 1250
A hospital engaged in welfare activities is an ‘industry’ under I.D. Act. HC 1259
Reinstatement is justified when the workman has served for a long period with unblemished record. Bom. HC 1254
Even abandonment of job by a workman would attract section 25F of the I.D. Act. P&H HC 1240
If offending vehicle is not insured, owner is liable to pay accident compensation. All. HC 1234
Purpose of section 17-B of the Industrial Disputes Act, 1947 is not to punish the employer. Del. HC 1250
Lump sum compensation is appropriate after 10 years of termination of services. Uttr. HC 1246
Compensation will depend on personal injury caused to a workman by accident arising out of and in course of employment. All. HC 1234
Reinstatement with back-wages is not automatic even when termination is illegal. Del. HC 239
Irresponsible government officials, in contesting the trivial labour disputes, will be liable to pay the expenditure personally. Supreme Court 225
Neither Labour Court/Industrial Tribunal nor High Court is empowered to abolish contract labour system. Cal. HC 244
Enquiry during pendency of identical legal proceeding, if stayed, is likely to be prolonged. Supreme Court 226
Compensation payable to the dependents of a driver who was murdered by a co-driver in a quarrel. Uttr. HC 288
Acquittal by criminal court would not debar punishing an employee after holding an enquiry. Supreme Court 319
District Manager, without managerial power, held to be a ‘workman’. Cal. HC 256
No limitation prescribed for raising an industrial dispute. All. HC 305
Industrial Tribunal cannot travel beyond terms of reference. Cal. HC 290
Reinstatement appropriate when retrenchment compensation not paid to a workman. All. HC 282
Provident Fund Authority cannot challenge order. Cal. HC 255
Back-wages on reinstatement only when unemployment is pleaded. Cal. HC 256
Rescinding exemption under Employees’ Provident Fund Act can be challenged in the EPF Appellate Tribunal. All. HC 274
Past conduct is relevant for imposing major penalty. Jhar. HC 267
Non supply of relevant documents can vitiate enquiry. All. HC 275
Several irregularities by bank officer would justify his dismissal. Cal. HC 249
Documents as produced must be proved. All. HC 275
A writ petition is untenable due to unexplained inordinate delay. P&H HC 265
An enquiry must be held with open mind. All. HC 275
High Court to interfere when findings of lower court are perverse. Cal. HC 249
Second show cause notice is imperative before imposing punishment. Jhar. HC 267
High Court can’t examine findings of facts in writ jurisdiction. Jhar. HC 269
It is for workman to prove 240 days’ working in preceding 12 months. P&H HC 265
Imposition of damages for delayed payment of ESI dues justified with supporting reasons. Del. HC 236
Employment when proved, would justify compensation for accident. Del. HC 231
Reinstatement appropriate when termination is prima facie illegal. MP HC 270
Labour Court/Tribunal can interfere if enquiry is violative of principles of natural justice. All. HC 275
Termination sans domestic enquiry or retrenchment compensation will be illegal. MP HC 270
High Court can reduce back-wages in case of no proof of unemployment. Jhar. HC 267
Nature of duties, not designation, will determine the status of ‘workman’. Cal. HC 256
It is for the workman to prove unemployment during interregnum. MP HC 270
Appointment letter is decisive to determine as to who is employer. Cal. HC 244
Contractor’s employees for milk transportation not covered under ESI Act. Karn. HC 289
According consent for territorial jurisdiction would not be decisive factor. Cal. HC 256
Quantum of compensation, in lieu of reinstatement, depends upon duration of service, paying capacity of employer and period of litigation etc. P&H HC 264, Del. HC294
Back-wages only when unemployment is proved by workman. All. HC 305
Back-wages in a belated dispute would be from the date of Award and not termination. Del. HC 292
An order of reference is quashed if made without application of mind. Cal. HC 290
Provident Fund Authority cannot compel an employer to pay contribution to above prescribed ceiling. Cal. HC 301
Resignation is initiated by employee and termination by employer. Cal. HC 290
Setting aside dismissal of a driver guilty of rash driving and killing persons would be a misplaced sympathy. Mad. HC 308
Back-wages justified when termination is unjustified. MP HC 270
Defendant must know in advance as to what is to be defended. Cal. HC 314
Compensation on accident, under ESI, is substantial than under Employees’ Compensation Act. Mad. HC 315
Amendments of pleading are necessary to decide real controversy. Del. HC 323
Compensation justified when there is nexus between accidental death and the employment. AP HC 285
Burden of proof lies upon one who pleads the facts. All. HC 282
APR 14:
Managing Director, when not managing affairs of company, cannot be prosecuted for violation of ESI Act. Ker. HC 359
Reinstatement is proper when workman has withdrawn the option for VRS before acceptance. Supreme Court 337
High Court erred in setting aside dismissal of workman after enquiry wherein charges were proved. Supreme Court 337
A writ petition filed after 4 years should not have been entertained. Supreme Court 337
Dismissal of Junior Engineer for unauthorized absence is valid. Supreme Court 337
Legal assistant holding power of attorney not a ‘workman’. Del. HC 383
Settlement curtailing statutory rights of employees would be null and void. P&H HC 406
Secretary of society exercising managerial functions will not be a ‘workman’. Ker. HC 421
Minimum wages for managers not legal since they are not workmen.Ker. HC 415
Termination for stealing of watch of co-worker without enquiry would be vitiated. All. HC 422
On applicability of ESI Act, medical allowance will be discontinued. P&H HC 418
Reinstatement of contractual employee is liable to be set aside. Guj. HC 428
240 days working is must for challenging illegal termination. Del. HC 347
Appearance of a lawyer before Labour Court, if not objected on first date, can’t be objected later. Del. HC 345
Abolition of contract labour will not result in direct employment by principal employer. Jhar. HC 362
Mere violation of Contract Labour (R&A) Act not to result into automatic absorption of contract workers. Jhar. HC 362
Prosecution is liable to be quashed when employer has already deposited ESI dues. Ker. HC 359
Intimation only 2 days before leaving for abroad for a long period would justify termination. Del. HC 352
Dispute raised after 8 years not tenable. Del. HC 352
A dispute can be raised before Labour Court within 3 years. Del. HC 357
Compensation would be appropriate after long litigation of 22 years.Del. HC 356
Dismissal justified for unauthorized absence for over one year. Del. HC 349
Dismissal for unauthorized and long absence after enquiry is not disproportionate to misconduct. Del. HC 349
Transfer when as per condition of service should not be set aside. Del. HC 379
Employer not the Court to decide where an employee should be posted. Del. HC 379
Reinstatement not to be interfered when termination is violative of section 25F of the ID Act. Del. HC 389
Labour Court is empowered to recall its order when there is sufficient cause for non-appearance. P&H HC 394
Approval for termination from the Authority before whom dispute is pending, must be obtained. Cal. HC 397
Rejection presumed if an application for approval of termination is withdrawn. Cal. HC 397
On complaint under section 33A of ID Act there will be adjudication. Cal. HC 397
Retrenchment not vitiated by merely stating that junior workmen are retained. Del. HC 400
High Court will not interfere merely when summons received from Appellate Authority. P&H HC 397
Ex-parte Award to be set aside if employer alleges that workman was not employed by it. Del. HC 404
Damages for delayed deposit of provident fund can be demanded from issue of notification. All. HC 409
Seeking correction of date of birth, when not belated, should be considered. Gau. HC 391
Providing ‘service weightage’ for fixing minimum wages would not be bad in law. Ker. HC 415
Compensation instead of reinstatement would be appropriate after 26 years of litigation. All. HC 422
In a dispute, appropriate government exercises only administrative functions. Guj. HC 426
Declining to refer a dispute for general demands would not be justified. Guj. HC 426
Dismissal of bank employee justified when he has violated statutory regulation by recommending loans. Mad. HC 371
Gratuity can be forfeited when termination is under section 4(6) of the Gratuity Act. Raj. HC 366
Dismissal would be justified when delinquent fails to prove that complaint against him was mala fide. Uttr. HC 368
Misconduct when proved, sympathy is irrelevant. Uttr. HC 368
Findings of disciplinary authority should not be interfere by the Courts. Uttr. HC 368
Owner of a vehicle has to ensure driver possesses valid licence and not to verify from the licencing authority. HP HC 369
MAY 14:
Termination of employee for loss of confidence would be justified. P&H HC 477
Back-wages are not automatic even when termination is held illegal. Raj. HC 511
Labour Court will have limited power to reduce punishment when enquiry is fair and proper. P&H HC 477
Abandonment of job presumed when employee did not respond to reminders for resuming duties. Del. HC 461
Allegations, when levied, must be substantiated. Supreme Court 449
Reinstatement would not be justified when the workman did not respond to repeated letters calling upon to report for duty. Del. HC 453
No relief can be granted to a temporary workman and his termination is excluded by section 2(oo)(bb) of the ID Act. Del. HC 457
Transfer of an employee cannot be stayed merely because of medical problem. Jhar. HC 538
Principal employer not liable for ESI contributions in the absence of control and supervision over the employees of contractor. Mad. HC 536
Pension will be calculated on Rs.6,500 per month in the absence of any joint request for higher contribution towards pension. Pat. HC 520
Non production of postal receipt would not justify receipt of the document. Del. HC 461
Abandonment of job by an employee not proved when employer fails to reply demand letter by workman and the notice by ALC. P&H HC 484
Tiffin allowance not to attract EPF contribution when it varies on attendance. Bom. HC 470
Principal employer not liable to pay ESI contribution for the employees of contractor working outside the premises. Mad. HC 531
Tea allowance paid to employees on duty would not attract ESI contributions. Mad. HC 531
Workers alleging contract labour system as sham can approach labour authorities to refer the dispute for adjudication. Cal. HC 492
Compensation, in lieu of reinstatement, is appropriate to a terminated daily wager. Raj. HC 511
Begging forgiveness by a delinquent employee in the enquiry would be construed as charges proved. P&H HC 477
Compliance of 25F of ID Act is imperative even for a daily wager who has completed 240 days’ service. P&H HC 480
ESI Corporation liable to pay compensation to employee whose name is registered even when premium is not paid. Del. HC 465
Unless the services of workman are expressly terminated, employee-employer relationship would persist. Del. HC 461
Reinstatement with back-wages is justified when a workman is kept out of employment on the basis of a defective enquiry. P&H HC 487
Bonus can be claimed under ID Act if employee is eligible under the Payment of Bonus Act. HP HC 474
Reinstatement is justified on failure to comply with mandatory provisions for termination. P&H HC 484
Onus to prove for 240 days’ working is upon the workman. P&H HC 482
A dismissed workman can approach Labour Court within 3 years after 45 days of raising the dispute before conciliation officer. Cal. HC 498
Sections 33 and 33A of the ID Act aim to protect workman against victimisation. Cal. HC 503
Payment of Gratuity Act does not apply to working journalists. All. HC 507
High Court not to interfere in reference for adjudication pertaining to transfer. P&H HC 490
An employee, unauthorisedly holding possession of official accommodation for 10 years, not entitled to any relief. All. HC 509
Each day of delay for raising a dispute needs explanation. HP HC 473
An employer not obliged to provide canteen facility while employing less than 250 workers in the factory. Bom. HC 470
Reinstatement appropriate when termination of workman is violative of section 25F of the ID Act. Del. HC 458
Dismissal for unauthorized absence liable to be set aside when workman was vomiting blood and admitted in the hospital. Karn. HC 546
Statutory limit for contribution for pension cannot be stretched out by Courts. Pat. HC 520
Labour Court would interfere in punishment only when it shocks to conscious and is disproportionate to misconduct. P&H HC 524
Reinstatement with back-wags appropriate on termination without enquiry. Del. HC 518
Punishing one out of two employees jointly accountable would not be justified. MP HC 528
Punishment not justified when enquiry is prolonged for 19 years. MP HC 528
Opportunity for hearing be given by Labour Court when the enquiry is held to be defective. Karn. HC 541
Termination, one month notice pay and filing of application for approval not necessarily to be simultaneous. Karn. HC 543
Reinstatement is rightly denied on closure of a unit. Del. HC 547
Alleging denial of cross-examination of witnesses as the evidence not recorded in presence of workman is untenable. Supreme Court 449
‘No work, no wages’ will not be applicable when workman is wrongly kept away from work. P&H HC 487
To prove 240 days’ working, workman can call for record from the employer. P&H HC 482
Reference of a dispute for adjudication will be presumed on an application under section 33A(b) of the ID Act. Cal. HC 503
Unless reference is made to particular documents on production of it would not vitiate enquiry. Supreme Court 449
Contractual employees will not be covered by Rules and Regulations of Haryana Government. P&H HC 477
240 days’ working will stand proved when workman was paid through cheque. P&H HC 480
High Court, in writ jurisdiction, interferes only when Award of the Labour Court is prima facie erroneous. P&H HC 487
Even casuals/daily wagers, having worked for 30 days’ are entitled to get bonus. HP HC 474
Last drawn wages during pendency of dispute is payable to a workman entitled to reinstatement under section 33A of the ID Act. Cal. HC 503
Taking full fare but issuing ticket for less amount would justify conductor’s dismissal. Supreme Court 449
Enquiry will be fair and proper when workman is furnished with required documents to cross-examine the witnesses. P&H HC 477
Industrial Tribunal not Labour Court to decide matters pertaining to bonus. HP HC 474
Allegation of victimization, when levied, must be proved. Del. HC 547
JUN 14:
Mere submission of medical certificate without supporting application would not justify absence Del. HC 626
Enquiry will be proper when workman has appeared and cross-examined the witnesses. Del. HC 626
Declaration of lock out will be justified when the workers damaged the properties and assaulted the manager. Gau. HC 613
Once there are 20 employees Provident Fund Act becomes applicable even when the total number is reduced. Del. HC 611
Transfer of an employee from Guna to Bhopal cannot be stalled merely that he will not be able to get medical facilities. MP HC 640
Part-time sweeper is also a ‘workman’. Cal. HC 642
Dismissal based on conviction not tenable when offence was committed outside employer’s premises. P&H HC 651
Mere negligence of employee, will not debar him from accident compensation. Del. HC 566
240 days’ continuous working is the condition precedent for challenging wrongful termination. All. HC 576
Abandonment can be presumed when the workman did not resume duty despite repeated letters. Del. HC 598
Dependents of the deceased driver on duty will be entitled to accident compensation. Del. HC 607
Owner of a hotel can be treated as employee for coverage under ESI Act. Ker. HC 637
Once there are 20 employees Provident Fund Act becomes applicable even when the total number is reduced. Del. HC 608
House rent allowance, if not included in wages for compensation, would render retrenchment as illegal. Del. HC 647
Insurer is liable for compensation when accident arises in course of employment. Del. HC 566
Compensation for an accident can be denied only when victim was under the influence of liquor/drugs. Del. HC 566
100% accident compensation when employee is rendered totally disabled. Del. HC 566
Last drawn wages payable to a reinstated workman if the employer challenges the award in the higher court. Ker. HC 581
Delay of 10 years for claiming accident compensation can’t be condoned. Del. HC 561
Liability of compensation only when accident arises out of and in the course of employment. Del. HC 561
Ex-parte proceedings can be set aside against cost. Raj. HC 574
Even a belated dispute has to be referred for adjudication. Guj. HC 576
Reinstatement of a daily wager by raising the dispute after 8 years of termination is unsustainable. All. HC 576
It is for terminated workman to prove to have worked for 240 days.All. HC 576
A quasi judicial authority must pass only a speaking order. Bom. HC 569
Declaration of ‘protected workmen’ not always necessary within 15 days of the communication. Karn. HC 592
An employer can decline to declare a ‘protected workman’ who is dismissed Karn. HC 592
Section 11A of the ID Act ensures that there is no victimization of unfair treatment to a workman. Ori. HC 583
Supporting reasons must be given for modifying punishment Ori. HC 583
Acquittal will not affect continuation of disciplinary action. Jhar. HC 588
Abandonment cannot be presumed in the absence of cogent evidence. P&H HC 571
Termination sans retrenchment compensation is illegal. P&H HC 571
Reinstatement justified when termination is violative of natural justice. P&H HC 571
Compensation, not reinstatement would be appropriate to a daily wager. All. HC 615
Trend of recent judgments reveal awarding of compensation instead of reinstatement. All. HC 615
Non-rebuttal of averment of the employer in written statement by the workman would justify the contention. Del. HC 598
Dispute challenging retirement age is beyond pale of section 2A of ID Act. Del. HC 604
Alteration of retirement age can be challenged when espoused by appreciable number of workmen. Del. HC 604
A school rightly covered under Provident Fund when the principal has affirmed about employment of 20 employees. Del. HC 611
A principal employer can also be treated as an ‘employee’ under ESI Act. Ker. HC 637
For unauthorised absence termination of service would be appropriate. Del. HC 626
Alleging denial of opportunity in an enquiry by an employee would be untenable when he failed to participate enquiry. Del. HC 626
Medical expenses for accident, if not claimed in the petition, would not justify claiming it subsequently. Del. HC 634
Back-wages on reinstatement rightly denied when termination challenged after 11 years. Bom. HC 636
Suffering chest pain after long distance drive by a deceased truck driver would justify accident compensation. Del. HC 623
Transfer, when made because of administrative reasons, would be justified. MP HC 640
‘Workman’ will include casual, temporary or part time employee. Cal. HC 642
Employer-employee relationship will be established when workman was getting monthly remuneration. Cal. HC 642
Reinstatement with back-wages appropriate on non-payment of retrenchment compensation and notice pay on termination. Cal. HC 642
Dignity of labour, constitutionally ensured, needs proper recognition. Cal. HC 642
‘Hire and fire’ rule extraneous for achieving social justice. Cal. HC 642
Seniority list must be displayed before effecting retrenchment. Del. HC 647
Back-wages on reinstatement after employee was acquitted in criminal case. P&H HC 651
Remedy for recovery of money against employer, if availed in Civil Court, would not be permitted before the Labour Court. P&H HC 656
An employee having more than one forum for redressal can opt anyone. P&H HC 656
Reinstatement without back-wages is appropriate if the litigation has taken a long. Karn. HC 597
JUL 14:
Termination of a workman, appointed for a fixed-term, is not illegal. P&H HC 738
Artificial breaks in service tantamount to ‘unfair labour practice’. Supreme Court 673
Employee of licensed contractor cannot raise claim upon principal employer. P&H HC 747
Gratuity Act does not contemplate distinction among permanent, temporary or substitute employee. Mad. HC 728
A contractor is liable to pay accident compensation to the claimant. Bom. HC 717
High Court can interfere in an Award when it is illegal. P&H HC 747
Disciplinary action, initiated with biased mind, is not tenable. Cal. HC 764
An ex-parte Award will not be set aside in absence of sufficient cause. Cal. HC 769
Probationary services can be terminated without notice. P&H HC 737
Death of a driver due to heart attack caused by stress will be an injury by accident. Mad. HC 733
Plea of abandonment in absence of domestic inquiry is untenable. Del. HC 696
Central Industrial Disputes Act overrides U.P. Industrial Disputes Act. Supreme Court 673
Default in deposit of provident fund dues to be condoned when not wilful. Ker. HC 771
Quantum of punishment not to be interfered after holding of enquiry as proper. Raj. HC 751
Non-issuance of tickets to passengers by conductor is a serious misconduct. Raj. HC 751
Termination after repeated artificial breaks is not protected by I.D. Act. Supreme Court 673
Apprehension of bias is a disqualification for an adjudicator. Ori. HC 757
Punishment is unsustainable when disciplinary proceedings are against natural justice. Cal. HC 764
Divorced wife cannot claim accident compensation. Bom. HC 720
Date of birth stated in Civil Court would prevail all other records. Supreme Court 687
EPF Appellate Tribunal can’t condone delay in filing appeal beyond 120 days. Del. HC 712
An employee employed even for one day is to be counted for coverage under Provident Fund Act. Del. HC 702
Apprentices not engaged under the Apprentices Act are entitled to gratuity. Mad. HC 728
Death due to occupational stress of employee would entail compensation. Mad. HC 729
Labour Court is empowered to interfere with penalty imposed by employer. Mad. HC 735
Acting as Enquiry Officer and imposing punishment will violate natural justice. Ori. HC 757
Non-supply of documents would vitiate enquiry. Ori. HC 757
Principal employer can be liable for accident compensation if contractor fails to pay. Bom. HC 717
Industrial Tribunal not to decide territorial jurisdiction in reference case. Del. HC 691
Government can refer dispute of transferred employee, if not allowed to resume duty. Del. HC 696
Limitation of two years for filing accident claim starts from the date of accident. Del. HC 707
Limitation Act not applicable in appeals before EPF Appellate Tribunal. Del. HC 712
Compensation Commissioner holding cause of death stress and strain untenable when medical records state ‘malaria’. Del. HC 701
Gratuity Act over-rides all other enactments. Mad. HC 728
Apprentices under the Apprentices Act are exempt by Gratuity Act. Mad. HC 728
Mental stress during employment to be considered as employment injury attracting compensation. Mad. HC 729
High Court to interfere when there is perversity in the Award. Mad. HC 735
When enquiry is vitiated, workman would be entitled to reinstatement with back-wages. Ori. HC 757
Termination of a probationer is not retrenchment. P&H HC 737
Compensation in lieu of reinstatement is to be based on nature and length of service and ground of termination, etc. P&H HC 740
An industrial dispute can be raised any time. P&H HC 743
A claim is to be quashed if employer-employee relationship is not proved. P&H HC 747
Payment for medical expenses by principal employer would not establish employer-employee relationship. Raj. HC 753
Workman has to prove that the principal employer employed him. Raj. HC 753
Award without any convincing or cogent reason is not sustainable. Raj. HC 751
Only dependant, not the legal heir is entitled to the compensation. Raj. HC 749
Lesser pay is to aggravate the injury resulting heart attack for accident compensation. Mad. HC 729
UP Industrial Disputes Act has no parallel to section 2(oo)(bb) of Central Act. Supreme Court 673
Rs.5 lakhs compensation is justified when workman did not comply with transfer order. Del. HC 696
While levying damages, EPF Authorities must consider severe financial constraints for delay in deposit of dues. Ker. HC 771
Dispute regarding wages and other benefits cannot be resolved under section 33-C(2) of I.D. Act. AP HC 722
Construction activity cannot be treated as regular business. Bom. HC 717
Territorial jurisdiction of reference can be challenged in the High Court. Del. HC 691
When Commissioner takes a different view, the High Court can interfere. Del. HC 701
Punishment disproportionate to misconduct is to be substituted by compensation. Del. HC 708
AUG14
Any Director of a Company, not responsible for its affairs, can’t be prosecuted under Minimum Wages Act. HP HC 831
Beneficiaries must be identified on demand of Provident Fund dues. Bom.HC 792
Accident of an employee for compensation is not restricted to place of work. Supreme Court 854
Enquiry can’t be dispensed with even when delinquent admits the charges. Uttr. HC 871
For minor punishment, regular enquiry is not necessary. Supreme Court 785
Assaulting superior with stick and stone is a grave misconduct. Bom. HC 795
Merely working for 240 days cannot be the sole ground for regularization. Jhar. HC 842
Transfer when not mala fide, can’t be challenged. Mad. HC 830
Contract labours can’t seek regularization in absence of notification for abolition. Gau. HC 819
Supervision of contractors’ employees will not create relationship with company. Gau. HC 819
No employee can be punished without show-cause notice and enquiry. Uttr. HC 822
Inordinate and unexplained delay for claiming gratuity not justified. Cal. HC 869
Reinstatement unjustified merely for violation of section 25-F of the Industrial Dispute Act.Raj. HC 861
Reinstatement not mechanically awarded even in cases of wrongful termination. P&H HC 864
Non-furnishing of report of EPF squad to employer will be violative of natural justice. Cal. HC 866
Wages paid to workman during pendency of proceedings in higher court not refundable. AP HC 876
Repetition of abusive and foul words against superiors will justify dismissal. Bom. HC 797
Non-compliance of section 25F of Industrial Disputes Act will set aside termination. P&H HC 817
A driver is considered in employment for to and fro from the place of duty. Supreme Court 854
Death by drowning while taking bath not to justify accident compensation. All. HC 826
Primary liability for deposit of EPF contribution is upon principal employer. Cal. HC 866
If termination is quashed, reinstatement with back-wages will follow. P&H HC 817
Reinstatement can be substituted by compensation. P&H HC 812
Apprentices under its Act or Standing Orders not covered under EPF&MP Act. Ker. HC 807
An Award sans discussion of evidence is quashed. Gau. HC 819
A complaint under Minimum Wages Act against top executives without arraigning the Company is untenable. HP HC 831
Compensation in lieu of reinstatement is proper on belated claim. Uttr. HC 823
Employee whose contributions were payable is an “insured person” under ESI. Ker. HC 805
Contractors can seek voluntary coverage when not coverable under PF Act. Gau. HC 809
Payment of wages, control & supervision are decisive to determine whether contractor or employer employs contract labour. Jhar. HC 842
Bonus or ex-gratia cannot be claimed under section 33-C (2) of the I.D. Act. P&H HC 815
Manufacturing of ornaments is ‘industrial establishment’ covered by Standing Orders. Ker. HC 807
Only incharge can be prosecuted under Minimum Wages Act. HP HC 831
Exempted establishment liable for damage for delayed deposit of EPF contributions. Mad. HC 838
Delay beyond 120 days can’t be condoned for filing appeal in EPF Appellate Tribunal. Bom. HC 792
Adverse inference against Management for non-production of attendance register not justified in absence of any order. Jhar. HC 842
Mere non-compliance of Contract Labour (R&A) Act not to result in regularization. Jhar. HC 842
Back-wages not justified if workman fails to establish unemployment. Uttr. HC 823
Mere control and supervision of the contractor’s employees by the principal employer is not decisive. Jhar. HC 842
Assaulting co-workers in train while coming to work place will justify dismissal. Bom. HC 789
Issuance of show-cause notice and imposing penalty is not legal. Uttr. HC 822
Bonus Act is not applicable upon Haryana Roadways. P&H HC 815
Dismissal of a truck driver justified when the accident resulted into deaths. Raj. HC 848
Dismissal justified when assaulting superior is proved in an enquiry.Bom. HC 795
An enquiry not based on evidence will be perverse. Ker. HC 800
Reinstatement can be substituted by reasonable compensation. Raj. HC 861
Proceedings under I.D. Act not to lapse on death of a party. Gau. HC 862
Levy of damages for delayed deposit of EPF contribution due to unavoidable circumstances not justified. Cal. HC 870
Refusal to obey the superior would be construed ‘insubordination’. Ker. HC 800
Insurer can’t escape the liability for interest on accident compensation. Supreme Court 854
Employer to deposit Rs.2 crore on remand of proceedings under PF Act. Cal. HC 866
EPF Appellate Tribunal can modify or annul the order appealed against. MP HC 874
Reduction of damages to 50% by EPF Tribunal not to be interfered. MP HC 874
Employment does not necessarily end when the “down tool” signal is given. Supreme Court 854
SEP 14:
Prosecution of Occupier/Manager for an accident, in factory, is to be quashed if launched after 3 months. Supreme Court 897
Office bearers of a trade union have no privilege for misconduct. Mad. HC 972
Termination for long absence, due to illness, supported with genuine medical certificates is not justified. Supreme Court 901
Reinstatement and back-wages are not automatic. All. HC 950
Clubbing for coverage under provident fund can be done when one unit cannot exist without the other. Cal. HC 958
RPFC is bound by order of EPF Appellate Tribunal and not entitled to challenge. Cal. HC 963
Taking Rs.1,000 from a guest, by a hotel employee, to procure a floozy would justify his dismissal. Del. HC 911
Senior Stores Officer, in the managerial cadre, will not be a ‘workman’. Del.HC 916
Dismissal for go slow and frequent strikes, when proved, would be justified. Mad. HC 972
No enquiry is required for termination of a probationer. P&H HC 985
Employee, not the employer, has to prove 240 days of working. P&H HC 934
Criminal liability for violation of PF Act remains upon perpetrator. Supreme Court 905
Demand notice, not replied by employer, will support the claim of workman. Del. HC 920
EPF Authority under section 7-A is vested with powers of a civil court. P&H HC 940
Insisting for separate code number for Provident Fund for different unit of establishment not justified. Cal. HC 958
Gratuity and retiral benefits cannot be withheld. Supreme Court 964
Declining to call witnesses without reason would vitiate enquiry. Supreme Court 901
Labour Court is empowered to examine correctness of enquiry findings. P&H HC 931
Adverse inference will be drawn when employer fails to produce records. P&H HC 934
Belated dispute, without justifiable delay, would not be ‘industrial dispute’. P&H HC 936
Damages for delayed deposit of provident fund dues can be recovered from transferor and transferee of establishment. Supreme Court 905
Averments of workman when not rebutted would justify his claim. Del. HC 920
Whether an establishment is new for applicability of Provident Funds Act is to be decided in appeal. Cal. HC 949
Determining provident fund dues without summoning the relevant documents is to be set aside.P&H HC 940
Employee is to prove his employment to receive accident compensation. Del.HC 928
Claimant for compensation must prove that the accident arose out of employment. Del. HC 925
Compensation is appropriate when termination was before 30 years. All.HC 950
Back-wages rightly denied when the employees refuse to work at other place after their place of work was gutted. Cal. HC 962
Reinstatement of hotel employee quashed when he acted as a pimp. Del. HC 911
Signature on appointment letter is conclusive proof of date of appointment. Del. HC 981
Belated claim for compensation would not justify the claim. Del. HC 928
Termination without retrenchment compensation would be illegal. HP HC 990
Solitary statement of workman not sufficient to prove 240 days of working. P&H HC 936
Rs.5 lakhs towards compensation, in lieu of reinstatement, would be appropriate. P&H HC 967
Gratuity rightly withheld when, despite undertaking, the employee did not vacate the accommodation. Jhar. HC 966
Workman will be debarred from challenging termination if notice was only for bonus. Del. HC 981
Probationer can be terminated without any reason during probation period. P&H HC 985
Limitation not applicable, for restoration of appeal, before EPF Appellate Tribunal. Del. HC 923
Reinstatement would follow the non-compliance of section 25F of ID Act. P&HHC 930
Death of an employee even from pre-existing decease would justify accident compensation. Karn. HC 952
Reinstatement appropriate when the medical certificates, during absence, not contradicted by the employer. Supreme Court 901
Employer can adduce evidence before labour court in support of application. P&H HC 931
Compliance of section 25F of ID Act is not required when 240 days working not proved. P&H HC 936
Newspaper report is not evidence for proving employment. Del. HC 925
EPF Authority not to challenge the quashing of order by EPF Provident Fund Commissioner. Karn. HC 956
While challenging the applicability of ESI upon an establishment, affected employees are to be impleaded in appeal. Ker. HC 970
Compensation Commissioner can direct deposit of compensation when he comes to know about accidental death from any source. Bom. HC 978
No retrenchment compensation payable on termination of a probationer. P&H HC 985
Accident compensation, when wrongly paid, can be recovered. Del. HC 925
Writ petition filed after 32 months not tenable. Del. HC 981
Deposit of compensation by employer cannot be insisted when he denies the relationship of employer and employee. Bom. HC 978
OCT 14:
Prosecution of employer for breach of the provisions of Industrial Disputes Act without affording explanation for violation liable to be set aside.
Mach Aero Components P. Ltd. through its Chief Administrative Officer vs. Labour Commissioner, Government of Karnataka & Ors., Karn. HC 1065
Workers of statutory canteen run by contractor would not be treated as employees of principal employer.
Balwant Rai Saluja & Anr. vs. Air India Ltd. & Ors., Supreme Court 1009
Removal of an employee for indiscipline is not tenable in absence of supporting documents.
Ram Narain Singh vs. State of Punjab & Ors., Supreme Court 1026
After retirement of employee, employer will have no control over him.
Maharashtra Gramin Bank vs. Dhondiba Raghoji Kahalekar & Ors., Bom. HC 1037
Gratuity of an employee on his retirement can’t forfeited mere by because disciplinary proceedings are pending against him.
Maharashtra Gramin Bank vs. Dhondiba Raghoji Kahalekar & Ors., Bom. HC 1037
Misconduct would stand proved when employee has confessed misappropriation earlier.
Sankar Prasad Ray vs. West Bengal State Electricity Distribution Company Ltd. & Ors.. Cal. HC 1038
Allegation of the workman that he asked and made to sign blank paper when not proved would be untenable.
Anil Kumar vs. M/s. Sahara Steel, Del. HC 1032
An employee can’t be asked to furnish bank guarantee for receiving gratuity because a charge-sheet has been issued.
Maharashtra Gramin Bank vs. Dhondiba Raghoji Kahalekar & Ors., Bom. HC 1037
Personal employee of Managing Director but being paid by company would justify coverage of establishment under Provident Fund Act with 20 employees.
Sinha Shipping Pvt. Ltd. vs. The Assistant Provident Fund Commissioner, Regional Office, Delhi North, Del. HC 1028
Performing incidental work by a person would be deemed employee for coverage under Provident Fund Act.
Sinha Shipping Pvt. Ltd. vs. The Assistant Provident Fund Commissioner, Regional Office, Delhi North, Del. HC 1028
Last drawn wages payable to reinstated workman when the employer has challenged the Award in higher court.
Their Workman represented by the Secretary Bihar Jasnta Khan Mazdoor Sangh vs. Employer in relation to the Management of Sijua Area of M/s. Bharat Coking Coal Limited, Jhar. HC 1041
Model Standing Orders apply till the employer sends standing orders for certification.
Mach Aero Components P. Ltd. through its Chief Administrative Officer vs. Labour Commissioner, Government of Karnataka & Ors., Karn. HC 1065
Non-consideration of relevant facts would vitiate findings.
Mach Aero Components P. Ltd. through its Chief Administrative Officer vs. Labour Commissioner, Government of Karnataka & Ors., Karn. HC 1065
An order issued by incompetent person will be set aside.
Mach Aero Components P. Ltd. through its Chief Administrative Officer vs. Labour Commissioner, Government of Karnataka & Ors., Karn. HC 1065
Gratuity can be forfeited only on termination for any of the prescribed misconducts.
C.C.I. Ltd., Udupi vs. Deputy Labour Commissioner and Appellate Authority under the Payment of Gratuity Act & Ors., Karn. HC 1064
Perversity in the Award would justify its setting aside.
State Bank of Travancore, rep. by its Asst. General Manager-III vs. Industrial Tribunal, Alappuzha and Ors., Ker. HC 1044
Additional documents can’t be produced without request.
State Bank of Travancore, rep. by its Asst. General Manager-III vs. Industrial Tribunal, Alappuzha and Ors., Ker. HC 1044
Demanding ESI contribution without verifying records is not tenable.
Regional Director, Employees’ State Insurance Corporation, Thrissur & Ors. vs. Divya Exports Enterprises, Ker. HC 1046
Reinstatement would be justified when enquiry is not proper held and documents not supplied.
Management, N.N.565 Thiruvetriyur Primnary Agricultural Co-operative Bank Ltd. vs. Labour Court, Madurai & Anr., Mad. HC 1053
Abandonment of service will depend on intention of employee.
Management, N.N.565 Thiruvetriyur Primnary Agricultural Co-operative Bank Ltd. vs. Labour Court, Madurai & Anr., Mad. HC 1053
Industrial dispute can be raised where employee working on last day or at the location of the head quarters of the establishment.
Naresh Prabhakar vs. Industrial Tribunal, Amritsar and Others, P&H HC 1056
Misuse of housing loan by bank employee would justify termination.
Santosh Kumar Shukla vs. Syndicate Bank and Ors., All. HC 1059
Termination of an employee who worked for more than 240 days without retrenchment compensation will be illegal.
Raj Kumar and Another vs. Industrial Tribunal, Patiala & Others, P&H HC 1092
Enquiry for misconduct is imperative under Standing Orders.
Raghubir Singh vs. General Manager, Haryana Roadways, Hissar, Supreme Court 1075
Change in conditions of service without prescribed procedure will be illegal.
Raghubir Singh vs. General Manager, Haryana Roadways, Hissar, Supreme Court 1075
Termination for unauthorised absence, without enquiry, not justified.
Raghubir Singh vs. General Manager, Haryana Roadways, Hissar, Supreme Court 1075
Abandonment for unauthorised absence is unsustainable without notice for resumption of duty to employee.
Management, N.N.565 Thiruvetriyur Primnary Agricultural Co-operative Bank Ltd. vs. Labour Court, Madurai & Anr., Mad. HC 1053
Industrial dispute can be raised by a workman at any time.
Raghubir Singh vs. General Manager, Haryana Roadways, Hissar, Supreme Court 1075
Limitation not to apply for raising an industrial dispute.
Raghubir Singh vs. General Manager, Haryana Roadways, Hissar, Supreme Court 1075
Dismissal of a workman liable to be set aside when violative of principle of natural justice.
Raghubir Singh vs. General Manager, Haryana Roadways, Hissar, Supreme Court 1075
Unity of ownership, financial integrality of 3 establishments would justify coverage under Provident Fund Act.
Manav Mandir Hotel vs. Regional Provident Fund Commissioner, Chatt. HC 1088
NOV 15:
Unless a Director has ultimate control over the management of an establishment, he cannot be prosecuted for violation of ESI Act. HC 1221
Mere submission of application for leave does not mean that it is sanctioned. HC 1128
Productivity linked bonus, paid to all employees, would not be treated as ‘wages’ for provident fund contributions. Del. HC 1122
Dismissal not disproportionate when a bank employee has lost confidence. HC 1164
Prosecution of Managing Director under Maternity Benefit Act not proper when he was not dealing day-to-day affairs. HC 1208
Representation by a lawyer in domestic enquiry is not permissible. HC 1224
Abandonment can be presumed without holding of enquiry for absence. Uttr. HC 1186
Reinstatement to a habitual absentee is not proper. HC 1187
Reinstatement with back-wages not a rule. All. HC 1157
Removal of bank employee justified when found guilty of embezzlement. Jhar. HC 1164
Only Insurance Court can decide coverage of establishment under ESI. Ker. HC 1168
Supervision and control by an employer is a decisive factor for determination of relationship of employer and employee. P&H HC 1171
Removal not justified when the absence is without leave. Del. HC 1128
Pre-deposit of awarded amount is a must for filing appeal under Employees’ Compensation Act. J&K HC 1177
Back-wages not justified when unemployment is not established. Raj. HC 1179
Reinstatement to follow when enquiry is vitiated. Uttr. HC 1186
Labour Court can set aside dismissal when it is arbitrary and vindictive. Mad. HC 1192
Once a dispute is referred, the Tribunal must resolve the same. AP HC 1146
Opportunity to delinquent must be given when disciplinary authority differs with findings of the Enquiry Officer. HC 1189
Reinstatement with back-wages appropriate when Management fails to establish misconduct against the workman. Bom. HC 1140
Pension and gratuity are not bounty to be distributed by employer. Supreme Court 1121
Retrenchment compensation is a must for workman having worked for 240 days. P&H HC 1210
While recovering EPF arrears at first instance the attached assets be sold. Uttr. HC 1212
Any finding of the Enquiry Officer, on mere suspicion, is not sustainable. HC 1217
Principal employer is liable to pay compensation to employees of contractor. Bom. HC 1136
State and not central government would be appropriate government under CLRA Act. HP HC 1205
Ex-gratia can’t be claimed as a matter of right. Gau. HC 1201
Workers of contractor when not paid by principal employer cannot become employees of latter. Del. HC 1122
Fixed-term appointment is excluded by ‘retrenchment’. Del. HC 1131
Prejudice can be caused for non-supply of documents of enquiry report. Ori. HC 1151
Payment of overtime cannot be denied even if it is beyond 50 hours in a quarter. Pat. HC 1215
Compensation is appropriate on delay in challenging termination. All. HC 1157
Abandonment for absence of 10 days is not justified. HC 1128
High Court will interfere punishment when it is shockingly disproportionate. Mad. HC 1192
50% and not full back-wages when there is inordinate delay in raising dispute. Ori. HC 1151
Dismissal for habitual absence would be justified without enquiry. Uttr. HC 1187
A plea, when not taken before Labour Court, can’t be taken in the High Court. P&H HC 1210
A bank employee must observe high standard of integrity. Jhar. HC 1164
Adverse inference is to be drawn on not producing record. P&H HC 1171
Six years of unexplained delay in filing writ would not justify any relief. P&H HC 1173
Non-deposit of awarded amount on filing appeal under Employees’ Compensation Act cannot be rectified by offering payment. J&K HC 1177
Finding of facts by Labour Court/Tribunal can be challenged if there is perversity. HC 1140
Onus of proof shifts upon employer when workman pleads unemployment. P&H HC 1210
Problems of handicapped person must be attended with utmost human touch. P&H HC 1210
Reasons for condonation of delay are imperative when application for minimum wages filed after six months. HC 1214
DEC 14:
Abandonment of employment depends upon intention of a workman. P&H HC 1240
Reinstatement is not a thumb rule on termination of every daily-wager. P&H HC 1238
Provident Fund Commissioner cannot challenge the order reversed by EPF Appellate Tribunal. Cal. HC 1242
Holding of enquiry is imperative for termination even for misappropriation. HC 1247
No wages, under section 17-B of Industrial Disputes Act, after superannuation. Del. HC 1250
No compensation when occurring of accident not proved during employment. HC 1234
More beneficial gratuity scheme, over Payment of Gratuity Act, is permissible. Karn. HC 1249
Show cause notice is sufficient compliance of principles of natural justice. Jhar. HC 1235
Non-service of notice of accident is an offence under Bihar Factories Rules. Jhar. HC 1237
Enquiry to be quashed if enquiry report along with second show-cause notice is not supplied to delinquent. Mani. HC 1247
Failure of workman to prove working of 240 days will not vitiate Raj. HC 1244
Back-wages rightly denied in the absence of proof for unemployment. HC 1246
Full back-wages on reinstatement when workman proved unemployment during interregnum. HC 1254
Employer’s refusal to workman to resume duties would establish that he has not abandoned his job. P&H HC 1240
High Court will interfere when back-wages are denied on illegal termination. Bom. HC 1254
Bihar Factories Rules do not contemplate personal hearing before revoking competency certificate. Jhar. HC 1235
Relationship of employer-employee must be established on claim for compensation in accident. All. HC 1234
Relief of back-wages on reinstatement will depend upon gainful employment. All. HC 1233
Reinstatement justified when a workman has been illegally retrenched. P&H HC 1240
Full back-wages when termination of workman is not on technical ground. Bom. HC 1254
Legality of an order by the Court can be judged on materials on record. HC 1237
Compensation instead of reinstatement appropriate when termination is illegal. P&H HC 1238
EPF Authority cannot be aggrieved party when its order is set aside by the EPF Appellate Tribunal. Cal. HC 1242
Initially it is for workman to prove 240 days working before his termination.Raj. HC 1244
Reinstatement to a workman, after 10 years of termination is unjustified. Uttr. HC 1246
Denial of 50% back-wages without supporting reasons not justified. Bom. HC 1254
Back-wages on reinstatement to a dishonest bus conductor not justified. Mad. HC 1261
Contract of employment between a workman and his employer comes to an end with superannuation of workman. Del. HC 1250
A hospital engaged in welfare activities is an ‘industry’ under I.D. Act. HC 1259
Reinstatement is justified when the workman has served for a long period with unblemished record. Bom. HC 1254
Even abandonment of job by a workman would attract section 25F of the I.D. Act. P&H HC 1240
If offending vehicle is not insured, owner is liable to pay accident compensation. All. HC 1234
Purpose of section 17-B of the Industrial Disputes Act, 1947 is not to punish the employer. Del. HC 1250
Lump sum compensation is appropriate after 10 years of termination of services. Uttr. HC 1246
Compensation will depend on personal injury caused to a workman by accident arising out of and in course of employment. All. HC 1234
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