April'2011


Even after crossing initial period, a casual employee can’t claim permanency.
LLR Supreme Court 337

A Balsewika working for honourarium is not a ‘workman’.
LLR P&H HC 357

Compensation, not reinstatement, when retrenchment compensation not paid on termination. 
LLR Guj. HC 345

Gratuity Act will be applicable upon a Library.
LLR Mad. HC 351

Repeated breaks would amount to unfair labour practice under I.D. Act.
LLR P&H HC 359

Health of the citizens is the wealth of the nation. 
LLR Del. HC 366

Dismissal of appeal by EPF Tribunal without supporting reasons not proper.
LLR Bom. HC 380

Reinstatement with back-wages is not a rule when termination of workman is held to be illegal. 
LLR P&H HC 406

100% disability will be construed for accident compensation to a driver, even if he sustained 20-25% physical disability. 
LLR Del. HC 428

Dominant test for an establishment an 'industry' will be its activity.
LLR Mad. HC 438

Employer-employee relationship under Bombay Industrial Relations Act and MRTU&PULP Act need further elucidation. 
LLR Supreme Court 374

Termination of a probationer not proper when Management has issued a show-cause notice. 
LLR HP HC 346

Interference by Civil Court only in exceptional cases when the findings of the Enquiry Officer are perverse. 
LLR Del. HC 341

Right to receive gratuity is a statutory right and it cannot be forfeited in every type of termination. 
LLR Bom. HC 343

In the absence of specific order of dismissal for riotous behaviour, forfeiture of gratuity not proper. 
LLR Mad. HC 416

Strike by doctors, etc. in AIIMS is illegal. 
LLR Del. HC 366

Termination on abusive language towards superiors not sustainable in the absence of indication of the words or gestures.
LLR All. HC 361

Dismissal of bus conductor for misappropriation not to be interfered. 
LLR Karn. HC 412

Prosecution for MD and Chief Regional Manager for ERA violation not proper when they were not directly responsible. 
LLR Karn. HC 410

Prosecution of ladies for violation of CLRA Act liable to be quashed when they were not involved in business transactions.
LLR Jhar. HC 424

Daily wagers not entitled to invoke doctrine of ‘equal work, equal pay’. 
LLR HP HC 402

Recovering EPF without affording an opportunity is violative of natural justice.
LLR Uttr. HC 418

No automatic reinstatement merely because retrenchment compensation not paid at the time of termination. 
LLR Uttr. HC 419

Summoning of Chairman & Managing Director not proper merely that company’s witness has not answered questions. 
LLR Bom. HC 395

Director or the Managing Director of a company, receiving salary are coverable under ESI Act.
LLR P&H HC 433

Withdrawal of recognition of a Trade Union without opportunity of hearing not proper.
LLR Del. HC 376

Working Journalists Act etc. will prevail over Gratuity Act for gratuity to newspaper employees. 
LLR Supreme Court 426

Industrial Tribunal is not under obligation to call a witness suo motto for cross-examination.
LLR MP HC 347

While challenging retrenchment, it is for the workman to prove 240 days’ working.
LLR MP HC 349

Gratuity Act is special enactment with over-riding effect over the Provident Fund Act. 
LLR Mad. HC 351

Gratuity can’t be forfeited in the absence of disciplinary proceedings holding the employee guilty of specified misconduct.
LLR Bom. HC 343 and 397

No one can coerce the willing workers and the doctors not to attend to the patients in Hospital. 
LLR Del. HC 366

Regularization of daily-wagers liable to be quashed. 
LLR Guj. HC 422

Calculating compensation @ Rs.2,500 per month not proper when the deceased admittedly was getting Rs.4,000.
LLR Bom. HC 385

Allowing wages for not providing work after reinstatement of workman not illegal. 
LLR MP HC 405

Insurance Court has rightly held a non-profit making organization to deposit 50% of the claimed amount.
LLR P&H HC 435

Removal from service for assaulting co-worker cannot be overlooked merely that the victim has back-tracked. 
LLR Mad. HC 438

Compensation (60% back-wages) in lieu of reinstatement appropriate, till retirement.
LLR Ori. HC 354

Court will not normally sit in appeal over the findings arrived of by the Enquiry Officer.
LLR Del. HC 341

Gratuity can’t be forfeited in the absence of misappropriation by an employee.
LLR Bom. HC 343

For filing appeal under Gratuity Act, no extention by such subsequent period of 60 days.
LLR Mad. HC 351

Reference of a belated dispute is liable to be quashed. 
LLR Del. HC 398

On re-employment also, gratuity is payable. 
LLR Bom. HC 382

Issuance of summons without adopting the procedure would be contrary to the procedural law.
LLR Jhar. HC 424

An error of fact or law can’t be corrected in supervisory jurisdiction of the High Court.
LLR P&H HC 435

Back-wages not proper to daily wagers on setting aside their termination.
LLR Guj. HC 421

When an enquiry is found to be defective, the employer can adduce supporting evidence.
LLR Bom. HC 386

Employees recruited for integrated rural programme will not acquire permanent status.
LLR (SN) MP HC 445

Controlling Authority can allow higher interest on unpaid gratuity.
LLR (SN) Chhat. HC 444

Dismissal for absence and going abroad without permission; not to be interfered.
LLR (SN) Bom. HC 446

Termination of not medically unfit is rightly set aside. 
LLR (SN) Bom. HC 447

Denial of appointment to a handicapped person merely that her name was not sponsored by the employment exchange not justified. 
LLR (SN) Supreme Court 448

A railway porter required to work for railways; to be paid higher wages than casual worker.
LLR (SN) Jhar. HC 448

Claim for overtime by a workman under section 33C(2) of the I.D. Act will not be tenable.
LLR (SN) Mad. HC 443

Prosecution, for non production of record under Minimum Wages Act, will be tenable.
LLR (SN) Pat. HC 443
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