Over Time Case Laws - 2011

When a worker is provided with accommodation, travelling allowance and city compensatory allowance are not universally paid to each and every employee, such allowances are not required
U.P. State Road Transport Corporation vs. Appellate Authority under Payment of Wages Act, Mau and Others. 2011 LLR 629 (All. HC)

Construction of residential house activity will be covered under the Payment of Wages Act.
Smt. Shashi Sharma vs. The Labour-cum-Conciliation Officer & Anr. 2011 LLR 841 (P&H HC)

Challenging order of the employer proposing to make deduction of 8 days' wages of the striking workers under article 226 of Constitution of India will not be appropriate since the appropriate forum has been provided under the Payment of Wages Act, 1936.
Hind Khadan Mazdoor Federation vs. Coal India Ltd. and Others. 2011 (130) FLR 125 (MP HC)

Five times penalty instead of ten times for non payment of leave wages would be proper keeping in view the financial difficulties of the organization.
Akola Zillah Dudh Utpadak Sangh Sahakari Sansthanacha Sangh Ltd., Akola vs. Sheshrao Ramchandra Mhasaye. 2011 LLR 1018 (Bom. HC)

No writ against order of authority under Payment of Wages Act.
Ramala Sahkari Chini Mills Limited, Meerut vs. Authority under Payment of Wages Act and Others. 2011 LLR 1102 (All. HC)

Denial of wages to data entry operators reverted to the post of conductors for the period from the date of reversion to date on which the workmen were restored to their original position will be illegal.

Disabled person does not have right to commit fraud against any one.
Satya Prakash & Sons vs. Presiding Officer, Labour Court, Kanpur & Anr. 2011 III CLR 170 (All. HC)

Acts of negligence, errors of judgment or innocent mistake cannot constitute misconduct which warrants initiation of disciplinary proceedings.
Narendra Kumar Tripathi vs. Union of India and others. 2011 (129) FLR 519 (Cal. HC)
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