JUDGMENTS OF AUG 2012


  • An institution imparting religious education is an ‘industry’.
    LLR All. HC 796
  • Proof of employment is necessary for back-wages. 
    LLR Mad. HC 866
  • Compensation payable when deceased, after washing vehicle at river, went for a dip and drowned. 
    LLR Ker. HC 815
  • Depriving representation by co-employee will vitiate enquiry when employer is represented by an expert.
    LLR Karn. HC 854
  • Dismissal for taking bribe not harsh. 
    LLR Jhar. HC 814
  • Demand of ESI contributions not tenable in absence of identification of employees and their wages.
    LLR Pat. HC 842
  • No back-wages when reinstatement is on technical reason.
    LLR Del. HC 791
  • Dismissal quashed in the absence of second show cause notice.
    LLR Uttr. HC 846
  • Non-compliance of section 25-F of the ID Act would result in reinstatement of workman.
    LLR Mad. HC 824
  • Order under section 7A of EPF Act is to be set aside when no witness is examined. 
    LLR Cal. HC 835
  • Relationship of employer and employee, when disputed, is for workman to establish by evidence.
    LLR All. HC 878
  • Compensation rightly awarded when the employee was murdered by striking workers. 
    LLR Chhatt. HC 886
  • Validity of enquiry shall be decided as preliminary issue. 
    LLR Mad. HC 866
  • An accountant, assigned for realization of amounts from other companies, is a ‘workman’.
    LLR Jhar. HC 813
  • Generation, distribution of power and electric lines come within ‘building and other construction work’ under BOCW Act.
    LLR MP HC 817
  • Reinstatement with back-wages to daily wager appropriate when section 25F of ID Act not complied.
    LLR P&H HC 833
  • Territorial jurisdiction of Insurance Court is restricted to where insured workman was working.
    LLR Guj. HC 807
  • Back-wages, if awarded mechanically, is to be set aside. 
    LLR Guj. HC 805
  • Section 25FFF of ID Act speaks about closure of business of ‘undertaking’ and not entire industry.
    LLR Del. HC 792
  • Objection of jurisdiction, if not taken before the Labour Court, can’t be allowed in writ appeal.
    LLR Raj. HC 844
  • An enquiry will be vitiated when delinquent is denied reasonable opportunity. 
    LLR Guj. HC 801
  • For proving that workman was engaged through contractor, there must be a valid agreement.
    LLR Mad. HC 824
  • When procedure prescribed for termination not followed, workman would be reinstated.
    LLR All. HC 878
  • Holding workman guilty without reference to any document or evidence is unfair.
    LLR Mad. HC 866
  • Higher Court to quash an Award when the Tribunal committed any error of law. 
    LLR Mad. HC 872
  • Evidence/proof of transactions of corruption is rarely direct. 
    LLR Del. HC 861
  • After 30 days of publication of an Award, the Labour Court becomes functus officio.
    LLR All. HC 798
  • Undetermined amount can’t be claimed under section 33-C (2) of I.D. Act.
    LLR All. HC 798
  • No back-wages when workman fails to establish his unemployment.
    LLR Guj. HC 811
  • 240 days continuous service insignificant when the termination is for misconduct.
    LLR P&H HC 830
  • For determining ‘workman’, it is immaterial whether he is full-time, part-time, casual or contractual.
    LLR Mad. HC 820
  • In absence of functional integrality, different units would be independent.
    LLR Del. HC 792
  • Proper opportunity to be given when, despite admission of charges, employer chooses to initiate enquiry.
    LLR Karn. HC 854
  • Reinstatement appropriate when enquiry is vitiated.
    LLR Karn. HC 854
  • Tribunal can’t re-appreciate findings in enquiry. 
    LLR Del. HC 785
  • Limitation for filing gratuity appeal is to be counted from receipt of order.
    LLR Karn. HC 838
  • Minimum wages for shops & establishments would also apply to unscheduled employments. 
    LLR Del. HC 789
  • Awarding of back-wages with reinstatement not justified, when charges are serious and proved. 
    LLR Uttr. HC 846
  • Simultaneous payment of closure compensation is not a condition precedent.
    LLR Del. HC 792
  • Non-supply of report of Enforcement Officer will vitiate order under section 7A of Provident Fund Act.
    LLR Cal. HC 835
  • An objection, not raised before the Labour Court, cannot be taken in High Court.
    LLR Mad. HC 866
  • Validity of enquiry to be decided as preliminary issue.
    LLR Ori. HC 849
  • Appeal against Insurance Court only when substantial question of law is involved.
    LLR Pat. HC 842
  • On employer’s failure to submit records, provident fund dues to be determined on available material.
    LLR Guj. HC 809
  • Controlling Authority has to notify the parties before passing the order under Gratuity Act.
    LLR Karn. HC 838
  • Only pre-existing benefit or flowing from a pre-existing right can be claimed under section 33-C(2 ) of the ID Act.
    LLR All HC 799
  • Section 25FFA of ID Act not applicable if less than 50 workmen are employed. 
    LLR Del. HC 792
  • Whether petitioner is a ‘workman’ or not is to be resolved by Labour Court.
    LLR Mad. HC 866
Twitter Delicious Facebook Digg Stumbleupon Favorites linkedin More