CASE LAWS 2014

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Resignation can’t be withdrawn after receiving dues in full and final settlement without any protest.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


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

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