Apprentice :

Board can't adopt different yard stick for same category of apprentices for their appointment after completion of apprenticeship. When others appointed, few one can't be left behind.
Chairman, Tamil Nadu Electricity Board and Another. vs. D. Venktesan and Another. 2011 (128) FLR 949 (Mad. HC)

Employment Exchange (CNV) Act

There is nothing in the Employment Exchange (CNV) Act which obligates the employer to appoint only those who are sponsored by Employment Exchange.
Union of India and others vs. Ms. Pritilata Nanda. 2011 (128) FLR 838 (S.C.)

It is essential for the public sector establishments to notify every vacancy under employment exchanges (CNV) Act 1959.

Thota Srinivasa Rao vs. Director, Telugu Academy, Hyderabad and Another. 2011 LLR 138 (A.P. HC)

Equal Remuneration :

When an establishment is not an 'industry' under ID Act, Contract Labour Act will not apply but Equal Remuneration Act will be applicable on such establishment.
Leelaben Parmer and Others vs. Physical Research Laboratory and Another. 2011 LLR 813 (Guj. HC)

Criminal complaint under equal

remuneration act against MD and CRM of IRCTC Limited (Railway catering) not responsible for conduct of business of the company is liable to be quashed P.K. Goel And Another vs. Labour Enforcement Officer (Central)-I, Bangalore. 2011 LLR 410 (Karn. HC)

Habitual Absence :

When workman remained absent for 57 days during four months and also habitually absenting, striking off the name would be proper.
Workman Sri P.C. Manjhi vs. Management of Bokaro Steel Plant. 2011 LLR 846 (Jhar. HC)

No reinstatement to the workman who is found guilty of habitual absence from duty. Past record of various punishments on account of habitual absence cannot be ignored. Reinstatement set aside.
Management of Bokaro Steel Plant, A Subsideary of M/s. Steel Authority of India Ltd. vs. State of Jharkhand and Another. 2011 LLR 847 (Jhar. HC)

Industry :

Rajghat Samadhi committee will not be Industry under the ID Act.
Kanhaiya Lal vs. Union of India and Others. 2011 (130) FLR 109 (Delhi HC)

Integrated Child Development Services Scheme of Maharashtra state is an industry and the Anganwadi Sevikas and helpers are workmen under the ID Act.
Vidya vs. State of Maharashtra and another. 2011 (129) FLR 556 (Bom. HC)
Central council for research in Ayurveda & Siddha is "industry" under ID Act.
Central Council for Research in Ayurveda & Siddha vs. Central Govt. Industrial Tribunal, Jaipur & Anr. 2011 LLR 469 (Raj. HC)


For commencement of continuance of lay-off permission through application under Section 25-M(1) of Industrial Disputes Act, 1947 had to be made but the mills did neither apply for nor obtained the said permission hence the claim for wages for the alleged period of lay-off has been rightly allowed.

Management of Cambodila Mills, Coimbatore and Another vs. Presiding Officer, Labour Court, Coimbatore and Others. 2011-III LLJ 157 (Mad. HC)

Limitation :

Labour Court would be treated as a court under limitation act.
Jankiram Pandharinath Thorat vs. Akot Municipal Council and Others. 2011 (130) FLR 427 (Bom. HC)

under sec. 33C(2) of ID Act. M/s. Bhartiya Cutler Hammer Ltd. vs. Presiding Officer, Labour Court-II Faridabad and Others. 2010 (127) FLR 1086 (P & H HC) 770 (P & H HC)

Lock Out :

Once it has been accepted by the workmen themselves that they had indulged in violence, a declaration of lock out cannot be held to be illegal.
Punjab Tractors Workers Union vs. Presiding Officer, Industrial Tribunal, Punjab, Chandigarh. 2011 (131) FLR 503 (P&H HC)

No Work-No Pay :

If the workmen are not allowed to work by the employer, the principle "no work no pay" will not apply.
Panipat Co-op. Sugar Mills Ltd. vs. Presiding fficer, Labour Court & Ors. CLR II 2011 P. 292 (P&H HC)

Part Time Employee

For reckoning the length of service in context of sec. 25F of the ID Act engagement of part time typist on intermittent occasions can't be counted as service. Not entitled to retrenchment benefits.
G.I.C. Housing Finance Ltd., Hyderabad and Another vs. Presiding Officer, Labour Court-I, A.P., Hyderabad and Another. 2011 LLR 801 (AP HC)

Probationer :

“Unsatisfactory service” will not be penal in case of termination of the probationer.
Paramjit Singh vs. Director, Public Instructions & Ors. 2011 LLR 116: 2011 (128) FLR 495 (S.C.)

The days put in by the workman on his probation can't be considered for counting 240 days for the concept of continuous service. Termination of probationer as per his terms of appointment will not be termed as retrenchment.
Management of Apparel Export Promotion Council vs. Surya Prakash. 2011 LLR 333 (Del. HC)

Promotion :

Employee can't be promoted merely on the basis of his claim that he was performing highly skilled work and possess minimum qualification.
U.P. State Road Transport Corporation vs. Imtiaz Ahmad and Another. 2011 LLR 977 (Allahabad HC)


Employee can't be promoted merely on the basis of his claim that he was performing highly skilled work and possess minimum qualification.
U.P. State Road Transport Corporation vs. Imtiaz Ahmad and Another. 2011 LLR 977 (Allahabad HC)

Punishment :

The findings of the enquiry officer having being upheld by court, no reason why the employee could escape the penalty of dismissal from the service.
Punchmahal Vadodra Gramin Bank Vs. D.M. Parmar 2011 (131) FLR 1019 (SC)

It is well settled that punishment is primarily a function of the Management
I.N.T.U.C., Bhagalpur and Another vs. Union of India and Others. 2011 (129) FLR 989 (Patna HC)

Though there is no limitation for making reference provided in the law but it ought to be made within reasonable time. Employer must show that such delayed reference has caused prejudice to him.
Bank of India vs. Union of India and Others. 2011 (130) FLR 48 (Patna HC)

The Government can refuse to make a reference to the Labour Court or Industrial Court if the dispute is raised after a long delay.
Natvargiri Shivgiri Goswami vs. Union of India & Ors. FLR (129) 2011 P. 974 (Guj. HC)

When conciliation proceedings were pending, no order to refer the dispute could be made by the High Court in writ petition.
SPIC Pharma Employees Union (SPEU) Cuddalore vs. State of Tamil Nadu & Ors. LLJ (III) 2011 P. 72 (Mad. HC)

The appropriate government can very well decline to refer the dispute when raised after 20 years.
M. Kadirvelu vs. Union of India, rep. by its Secretary, Ministry of Labour, New Delhi & Anr. 2011 LLR 534 (Mad. HC)

Refering a dispute by Govt. raised by workman after about 9 years is liable to be quashed.
All India Institute of Medical Sciences vs. Sanjay Kumar & Anr. 2011 LLR 398 (Del. HC)

Workman can raise industrial dispute From The Court Room Important Labour Judgments 2011 and the Courts rarely interfere with the quantum of punishment.
Sate Bank of Mysore and others etc. vs. M.C. Krishnappa. 2011 (130) FLR 1082 (SC)

Denial of salary on principle of “no work no pay” and termination of service on account of unauthorised absence are not two punishment.
State of U.P. and others vs. Madhav Prasad Sharma. 2011 (128) FLR 915 (S.C.)

Reference :

Govt. is not to see the delay in raising the dispute, but whether the dispute existed or not while making reference.
Kuldeep Singh vs. G.M., Instrument Design Development and Facilities Centre and another. 2011(128) FLR 121; 2011 I CLR 5 (S.C.)

Reference of a dispute for increase of salary by the employee of a temple, not against the appropriate person/employer, will not be justified hence the claim is liable to be quashed.
Sri Nathji Bhandar and Another vs. State of West Bengal and Others. 2011 (129) FLR 1086 (Cal. HC)

Appropriate government, in exercise of its administrative powers, can decline to refer a dispute for adjudication when there is perversity and inordinate delay without any justifiable explanation. even after receiving VRS benefits though management can object the legality of the reference before tribunal.
M/s. Greaves Cotton Ltd. vs. Govt. of N.C.T. of Delhi & Ors. 2011 LLR 315 (Del. HC)

State Govt. power for refering the dispute is administrative one and not a judicial or quasi-judicial.
Bihar Colliery Kamgar Union, Dhanbad vs. Union of India & Ors. 2011 LLR 304 (Jharkhand HC)

Govt. while declining to refer the dispute should records reasons for the same. Govt. can't assume power and jurisdiction of adjudicator.
Kartar Singh and Ors. vs. Joint Secretary to Government of Haryana and Ors. 2011 LLR 859 (P& H HC)

Regularisation :

When canteen is run by Hotel Corporation of India in the premises of Air India, dismissed employees of HCI can't be treated as employees of Air India and any such regularisation would be illegal.
Balwant Rai Saluja & Ors. vs. Air India Ltd. & Ors. 2011 LLR 739 (Del. HC)

Daily wager has no right to ask for restoration of status as he has no status. No regularisation of such employee.
Sushil Kumar Srivastava vs. Public Service Tribunal, Uttarakhand and Others. 2011 LLR 309 (Uttarakhand HC)

Once enquiry is conducted, management can't take plea that workman was temporary and no enquiry was required.

In the absence of any reference on the point, tribunal can't grant regularization to the workman.
General Manager (Telecom), Nagpur & Ors. vs. Zarir S/o Pesi Mawalwala, Nagpur & Ors. 2011 LLR 1020 (Bom. HC)

Reinstatement :

Merely because the appointment was contrary to the recruitment rules, reinstatement with back-wages can't be denied to the employee who was appointed on consolidated salary and continued to work for two years and termination was found illegal.
Devinder Singh vs. Municipal Council, Sanaur. 2011 LLR 785 (S.C.) 

Reinstatement by the employer.

Nagar Palika Nigam, Khandwa vs. Tulsiram and Another. 2011 LLR 405 (MP HC)

Even though the retrenchment may be illegal and unjustifiable, that itself does not create a right of reinstatement with full employment benefits and back wages.
Kripa Ram vs. Secretary H.P. State Board. LLN (1) 2011 P. 264 (MP HC)

Non payment of retrenchment compensation at the time of termination does not mean that such workman will be automatically reinstated.
National Small Industries, Kashmipur vs. Labour Court, Haldwani and Another. 2011 LLR 419 (Uttarakhand HC)

Compensation instead of reinstatement is justified when employee was terminated according to terms of appointment though Section-25F was not complied with.
Ramesh Singh Rajput vs. Castrol India Ltd. and Another. 2011 LLR 505 (Del. HC)

Striking off name of workman from roll due to absence without notice or retrenchment compensation will be illegal.
Compensation instead of reinstatement would be proper.
Mayank Desai vs. Sayaji Iron & Engg. Co. Ltd.& Anr. 2011 LLR 536 (Guj. HC)

In case of illegal termination, compensation in lieu of reinstatement and back wages will be proper.
State of Chhattisgarh & Anr. vs. Umendi & Ors. 2011 LLR 581 (Chattis. HC)

Sushil Kumar Srivastava vs. Public Service Tribunal, Uttarakhand and Others. 2011 LLR 309 (Uttarakhand HC)
Once enquiry is conducted, management can't take plea that workman was temporary and no enquiry was required. In the absence of any reference on the point, tribunal can't grant regularization to the workman.
General Manager (Telecom), Nagpur & Ors. vs. Zarir S/o Pesi Mawalwala, Nagpur & Ors. 2011 LLR 1020 (Bom. HC) 
Employees appointed as assistants temporarily by LIC in various branches will not be entitled to regularisation.
Hashmuddin and Others vs. Life Insurance Corporation of India and Others. 2011 LLR 511 (All. HC)

Resignation :

Acceptance of resignation before completion of notice period will not be invalid even though it was stated in the resignation that it will be accepted after three months.
Mahesh Kumar Gupta vs. Labour Court, Dehradun and Another. 2011 LLR 493 (All. HC)

Resignation of an employee accepted on the same day by the school managing committee will not be construed to be given voluntarily when employee did not have any time to withdraw.
Manager, Shri Sanatan Dharam Saraswati Bal Mandir School & Anr. vs. Shri K.P. Bansal & Ors. 2011 LLR 605 (Delhi HC)

It is the discretion of the management to accept the resignation or treat it under VRS. Rejecting application of the employee to treat his resignation under VRS by management can't be said to be malafide.
Dr. C. Madhusoodan vs. Steel Authority of India Ltd. and Another. 2011 LLR 1046 (Karn. HC)

In the absence of any verson by the employer against the plea of employee that she was forced to resign, reinstatement rightly awarded against such illegal termination.
M/s. Jagran Ltd., Meerut Through its Director vs. Labour Court (II, U.P.), Meerut, and Others. 2011 LLR 1084 (All. HC)

To be treated as a letter of resignation with in the eyes of law, language should be un-conditional without reflecting any pressure.
Gujarat Water Supply & Sewage Board and Anr. vs. Mahavirsinh Balapbha Gohil. 2011 LLR 1259 (Guj. HC)

When there is no provision of waiver of notice period, instant acceptance of resignation will not come in the way of withdrawal of resignation by the employee after four days of submission.
P. Gayathri vs. Secretary, Dakshin Bharath Hindi Prachar Sabha, Hyderabad, and Another. 2011 LLR 139 (A.P. HC)

When the resignations were in employee handwriting and received all legal dues with extra amounts, can't be said that resignations were obtained under coercion and were invalid.
Management of Madura Coats Pvt. Ltd. and Anr. vs. Presiding officer, labour court, Tirunelveli 2011 I CLR 298 (Mad. HC)

In the absence of any proof of obtaining resignation under coercion, no industrial dispute is maintainable.
Management of Madura Coats Pvt. Ltd. and another vs. Presiding Officer, Labour Court, Tirunelveli and others. 2011(128) FLR 1040 (Mad. HC)
Daily-rated employees, once regularised, would become entitled to all service benefits.
Din Bandhu vs. Presiding Officer, Labour Court, Bhatinda, and Another. 2011 (130) FLR 469 ( P&H HC)

Resignation submitted after developing an under standing can't be termed as involuntary or retrenchment.
Shuddhodhan and Others vs. Member Industrial Court, Nagpur, 2011 (128) FLR 412 (Bom. HC)

After completion of stipulated period of service in bond, employer can't compel the employee to be with him in service.
Damodar Valley Corporation & Ors. vs. Souvik Sarkar and Ors. 2011 LLR 174 (Cal. HC)
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