September'2011


No provident fund contributions on allowances even when forming part of minimum wages. 
LLR P&H HC (DB) 943

Termination of the workman for misappropriation not to be set aside.
LLR All. HC 930

Dismissal for misbehaving and abusing the superior is not improper. 
LLR Karn. HC 934

No gratuity unless official quarter is vacated by the retired employee.
LLR All. HC 924

Prosecution of factory officials other than Occupier and Manager to be quashed.
LLR HP HC 945

A teacher being entitled to gratuity can get it w.e.f. 3.4.1997.
LLR MP HC 980

Labour Court has erroneously inferred that manipulation could be negligence due to over work. 
LLR All. HC 930

Vitiating enquiry on ground of delinquent being unaware of its technicalities is wrong.
LLR All. HC 923

Minimum and not last drawn wages is to be paid in terms of section 17B of I.D. Act.
LLR All. HC 921

Principle of ‘no work, no wages’ not applicable if reinstated workman was not allowed to join. 
LLR P&H HC 918

Accident compensation is to be determined on minimum wages.
LLR Karn. HC 934

Wages to be payable to a workman when not permitted to resume duties after acquittal.
LLR Del. HC 901

Transfer of suspended bank employee not proper. 
LLR Cal. HC 947

Coverage under ESI Act to be quashed when there are only eight employees.
LLR Mad. HC 963

Trainees are to be covered under Provident Fund Act. 
LLR Mad. HC 959

Termination of a bus conductor allowing 20 passengers without ticket but transferred from an accidental bus is wrongly upheld.
LLR All. HC 971

Compensation, instead of reinstatement, is proper to a muster roll employee.
LLR All. HC 973

Insurer can’t escape to pay compensation when the workman died at the spot.
LLR HP HC 987

Non-intimation by workman that he was admitted in the hospital not a serious misconduct calling for dismissal. 
LLR AP HC 993

Concluding enquiry in one day without recording material evidence not proper.
LLR All. HC 926

Condoning embezzlement of bus conductor would encourage others to indulge in such activities. 
LLR All. HC 923

Transfer of petitioner, that too on temporary basis, not to be interfered by court.
LLR MP HC 916

No provident fund contributions attracted on payment made to contractor for karigars for knitting and printing. 
LLR Bom. HC 953

Casual workers not entitled to ‘equal pay for equal work’. 
LLR Del. HC 951

Termination for a few days of absence not justified.
LLR All. HC 975

Compensation appropriate when over 24 years elapsed from the termination.
LLR All. HC 975

Gratuity Act provides for entitlement of gratuity even prior to the enactment of Act.
LLR Bom. HC 995

Establishments providing financial services come within purview of E P F Schemes.
LLR Mad. HC 989

Insurer liable for payment of compensation only for injury caused in course of employment.
LLR Karn. HC 939

1% Cess under Cess Act is payable after 4.2.2009 in U.P.
LLR All. HC 925

Penal rent to be charged for not vacating official quarter.
LLR All. HC 924

Doctor’s evidence not necessary when Compensation Commissioner is satisfied with Certificate.
LLR Guj. HC 912

Award of compensation not proper when fixation of electricity fuse was not allowed by deceased. 
LLR AP HC 931

Back-wages on reinstatement till superannuation without unemployment evidence is not proper. 
LLR MP HC 941

Delinquent to be heard when Disciplinary Authority differs with the findings of Enquiry Officer.
LLR MP HC 941

Abandonment rightly presumed by Bank when employee remained on unauthorized absence for two years.
LLR AP HC 967

Employees’ Insurance Court erred in discarding attendance registers scrutinized by ESI Inspector.
LLR Mad. HC 963

For determining a person as an employee, it is to be seen whether he has an obligation to report for duty every day.
LLR Bom. HC 953

Reinstated driver will be paid wages which are being paid to others.
LLR Mad. HC 979

Labour Court is not empowered to review its own Award. 
LLR All. HC 975

Agents getting commission will be coverable employees under provident fund.
LLR Mad. HC 989

Any misappropriation, even temporary, by a bank employee has to be viewed seriously.
LLR Pat. HC 998

Withdrawal of relaxation by RPFC during pendency of exemption is liable to be set aside.
LLR Del. HC 950

Disciplinary proceedings after acceptance of voluntary retirement are untenable.
LLR AP HC 986

30% back-wages, on reinstatement when workman not paid retrenchment compensation, is proper.
LLR All. HC 969

Non cooperation with the Enquiry Officer will not amount to misconduct.
LLR All. HC 975

Reinstatement has been erroneously awarded to a workman remaining un-intimated and unauthorized absence.
LLR Guj. HC 905

Even when the punishment of dismissal or discharge is quashed, grant of back-wages is not automatic but subject to the discretion of the Labour Court. 
LLR Guj. HC 903

On differing with Enquiry Officer, Disciplinary Authority has to ask for show cause to delinquent.
LLR Ori. HC 910

Dismissal is rendered void ab initio when its approval is declined.
LLR Del. HC 897

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