JAN 15:

Dismissal for misconduct of abusing and threatening superior may not justified in all cases. Supreme Court 1

Termination to be set aside when order is not issued by prescribed authority.  Bom. HC 13

Removal of driver even for causing heavy loss without enquiry would be illegal.  Supreme Court 96

A workman must be presumed to have been employed for two decades after termination. Supreme Court 1

Contractual appointment amounts to unfair labour practice. Supreme Court 96

Gratuity has to be paid within 30 days of cessation of employment. Jhar. HC 34

Performance allowance will be wages under ESI Act. Ker. HC 50

Contract employees are also covered under Provident Fund Act.              Mad. HC 74

Enquiry Officer can also summon the witness to determine the truth. AP HC 86

Any short fall of notice pay would violate section 33(2)(b) of the Industrial Disputes Act to justify reinstatement.                Mad. HC 71

Reinstatement not appropriate when loss of confidence is proved.  MP HC 64

A disabled bus driver is to be provided alternative job. Supreme Court 96

Termination, not retrenchment, when worker fails to prove working for 240 days. Karn. HC 92

Admission by an employee can justify return of findings of enquiry. J&K HC 43

Any act of Director without authority can be ratified by the Board of Directors.  Del. HC 16

Dismissal justified when causing death of three passengers in an accident. Bom. HC 10

Labour Court should modify the punishment with care and caution. Supreme Court 1

For accident compensation victim need not be a ‘worker’ of the factory.               Trip. HC 37

A club maintaining kitchen with refrigerator, geyser, etc. is covered by ESI Act.  Supreme Court 4

Compensation is appropriate when workman is near superannuation after litigation of 20 years. Supreme Court 1

Gratuity is not a charity, but is payable for the service rendered by employee.  Jhar. HC 34

A cook in a school hostel can also claim accident compensation. Trip. HC 37

Noble activities of employer would not justify delayed payments of EPF contributions. Mad. HC 74

Approval for dismissal, when declined, would justify reinstatement. Mad. HC 71

Labour Court not to sit in on employer’s decision about punishment when the enquiry is fair and proper.              MP HC 64

Relationship of employer – employee can be proved by pay slip, wages register, etc.  Karn. HC 92

Reversing Award of the Labout Court based on actual facts is not proper.  Supreme Court 96

Profit by an establishment is not relevant for applicability of ESI Act. Supreme Court 4

Dismissal not justified for throwing of cotton waste balls on superior by mistake. Supreme Court 1

Mere applying for exemption does not exonerate an employer for depositing EPF contribution. Mad. HC 74

Accident not occurring during working hours would not justify compensation. Ori. HC 84

Merely acquittal of delinquent would not exonerate him for the charge as levied. J&K HC 43

Death resulting on falling down would justify accident compensation. Jhar. HC 32

Manufacturing of Rusks would come under the coverage of Provident Fund Act. All. HC 31

Strict rules of evidence are not applicable in domestic enquiries.               MP HC 64

Testing of cylinders by third party would be construed as principal to principal basis. Ker. HC 57

Dismissal justified by driving bus unauthorisedly and causing accident. Guj. HC 39

Social welfare legislation should receive liberal interpretation. Ker. HC 50

Object of second show-cause notice should be to inform delinquent the outcome of enquiry and tentative penalty. J&K HC 43

Sympathetic view by Labour Court not justified when workman has committed serious misconduct. Guj. HC 39

Neither designation nor salary is the criterion to determine the ‘workman’. Gau. HC 60

Clean past record not relevant when employee is guilty of serious misconduct. Bom. HC 10

Misplaced sympathy, generosity and benevolence are no grounds to interfere with the quantum of punishment.            Mad. HC 21

Industrial dispute raised after 11 years not tenable. Guj. HC 39

Coverage of establishment under Provident Fund Act only when there are 20 or more employees. Ker. HC 57

Removal justified when delinquent fails to establish prejudice against him.  J&K HC 43

FEB 15:

No sympathy should be shown in matters of misappropriation. Supreme Court 179

Unless Criminal Court honourably acquits the employee, enquiry can proceed.  Supreme Court 121

Provident Fund Act would continue to apply even if the number of employees becomes less than 20. Del. HC130

Reinstatement with back wages justified when retrenchment compensation not paid. Supreme Court 158

An employee, after acceptance of resignation and his payment, can’t challenge it.  Karn. HC 156

Strict rules of Evidence Act are not applicable in industrial disputes.   Supreme Court 160

No automatic confirmation on expiry of a probationer in absence of deeming clause.  Guj. HC 193

Pension and Gratuity are not bounty to be distributed by the employer.  Supreme Court 126

A school, employing 20 or more employees, is covered under PF Act.  Del. HC 128

Reinstatement not justified when theft is proved in a valid enquiry.  Chht. HC 191

Different branches in different places would be treated as one for coverage under the Provident Fund Act. Cal. HC 139

Embezzlement is a serious misconduct on the part of a Cashier.       Supreme Court 119

Non-reporting for duty at the place of transfer would be treated as abandonment of service.  Del. HC 169

Workers of a licensed contractor of employer registered under CLRA Act not to be employees of principal employer.  Mad. HC 145

Murder of a watch-man, while on duty, by miscreants would justify claim for accident compensation. Tri. HC 155

Pre-deposit of damages not required for filing appeal in EPF Tribunal. Del. HC 167

Reinstatement not justified when workman did not join on transfer. Del. HC 169

Non-compliance of section 25F of the ID Act would render the termination illegal.  Supreme Court 158

Failing to avail relief in civil court would not entitle a workman to avail remedy under ID Act.  P&H HC 185

Setting aside of dismissal, on the ground that the delinquent is deprived of his livelihood, is erroneous. Supreme Court 121

Non-payment of retrenchment compensation does not necessarily attract reinstatement of a workman.  Supreme Court 160

Tampering of documents, causing financial loss to the employer by an employee, is a serious misconduct. Supreme Court 179

High Court can order change in labour laws.  Supreme Court 113

Reinstatement is not justified when employer-employee relationship is not proved. Bom. HC 137

Major ingredients to establish relationship of employer-employee are appointment letter, etc.  Bom. HC 137

Financial, managerial and functional integrality between the different units, shall be treated as one single unit. Cal. HC 139

For coverage of an establishment under Provident Fund Act, the regular, temporary and casual employees are counted. Del. HC130

The amount may be small or large; it is the act of misappropriation that is relevant.  Supreme Court 179

Reinstatement is not feasible if employer has wound up business.    Supreme Court 160

Regulations framed by the employer cannot supercede the Payment of Gratuity Act, 1972.  Ker. HC 142

240 days working in preceding year is must for challenging termination.     P&H HC 149

Daily-rated employee is ‘workman’ under Employees’ Compensation Act. Tri. HC 155

Protection of Industrial Disputes Act not available to the workman failing to prove 240 days of working. P&H HC 174

EPF Authority cannot challenge when its order is quashed by EPF Appellate Tribunal. Bom. HC 164

Lump sum compensation, instead of reinstatement after long span of litigation, is appropriate. Supreme Court 160

Payment of gratuity and pension are in the nature of ‘property’.  Ker. HC 142

On infringement of Standing Orders or Industrial Disputes Act, the jurisdiction of Civil Court is barred.P&H HC 185

An ex-parte award to be set aside if notice was not served. Del. HC 166

Inordinate delay in raising an industrial dispute can be fatal.   P&H HC 171

Interference in an Award only when it is arbitrary or perverse.  P&H HC 171

Quantum of punishment is exclusively within the jurisdiction of employer. Supreme Court 179

A document not proved before the Labour Court cannot be made a valid evidence before the Writ Court. P&H HC 188

Termination of services of a probationer is not illegal. Guj. HC 193

Recovery of PF dues is not justified before the prescribed period of filing appeal in EPF Tribunal. Ker. HC 175

MAR 15:

Civil Courts cannot decide labour disputes.  Supreme Court 254

Identification of actual beneficiaries is must on passing of order under section 7A of the PF Act.   P&H HC 269

Regularisation of contractor’s employees by the principal employer is illegal merely on non-registration under CLRA Act. Jhar. HC 277 & Cal. HC 292

Termination void ab initio without compliance of provisions of I.D. Act. Supreme Court 225

Unauthorised absence will justify termination.  P&H HC 267

Transfer can’t be challenged under section 2A of I.D. Act.  Del. HC 264

Gratuity Act also applies to charitable trusts.  P&H HC 249

Validity of enquiry is to be decided as preliminary issue.  Bom. HC 288

Dismissal for misappropriation not disproportionate for blemished record. Mad. HC 301

No relief on failure to prove 240 days of working. All. HC 250

Dismissal after 14 years of charge-sheet not appropriate.  Supreme Court 229

A teacher is also entitled to gratuity.   Del. HC 233

A dispute untenable when employer offers reinstatement to worker. Bom. HC 239

Delay for filing appeal in the EPF Tribunal can’t be condoned.  Karn. HC 246

Reinstatement and back-wages is not automatic.  P&H HC 248

Termination can’t be presumed in the absence of specific order.  Del. HC 264

Abandonment of job rightly presumed if workman not responded to letters.  P&H HC 271

Compensation instead of reinstatement is appropriate. P&H HC 309

No relief from Court when the law as prescribed is not complied with. Supreme Court 225 & P&H HC 309

A letter bearing correct address would be presumed to have been served. Del. HC 235

Recovery of EPF dues can be stayed by High Court when the EPF Tribunal is not functioning.   Del. HC 287

Appellate Authority can condone delay beyond limitation period. Karn. HC 246

Court can’t quash transfer when it is in accordance with terms of employment.  Del. HC 264

Oral evidence for 240 days working is not sufficient.  Jhar. HC 277

No retrenchment compensation when workman abandoned his job. P&H HC 271

Abandonment of job by a workman is depending upon his intention. Del. HC 284

Non-examination of ticketless passengers would not vitiate enquiry. Mad. HC 301

Leniency in matters of misappropriation is not proper.  Mad. HC 301

Non-compliance of section 25-F of I.D. Act would attract reinstatement with back-wages even for a casual worker. P&H HC 309

Death of Enquiry Officer not a valid cause for non production of enquiry report. P&H HC 272

Termination by abolishing the post in outsourcing the works to agencies would amount to retrenchment. P&H HC 320

Death of pump drivers by suffocation will justify accident compensation.   Bom. HC 318

Reinstatement with full back-wages appropriate when termination is void ab initio. Supreme Court 225

Abnormal delay in submitting enquiry report makes it ineffective. Supreme Court 229

Burden of proof for working 240 days lies on person who pleads.  All. HC 250 & Jhar. HC 277

EPF Authority must hear employer before imposing damages.   Ker. HC 243

Limitation Act is not applicable for appeals before EPF Tribunal. Karn. HC 246

Section 2-A of I.D. Act to be invoked only against dismissal, discharge or retrenchment.  Del. HC 264

EPF Authority can take police help for identification of beneficiaries. P&H HC 269

Compensation is appropriate when the shop is closed down. Del. HC 284

High Court to interfere with order of Labour Court when patently perverse. Supreme Court 229

Financial difficulties can justify waiver of damages for delayed deposit of EPF contribution.   Ker. HC 243

Merely the employee nominated his father, pension to mother cannot be taken away.  Ker. HC 242

Gratuity can’t be denied to an employee when others have been paid. P&H HC 249

Challenging ex-parte Award after 5 years is not tenable.  Del. HC 235

Accident compensation payable only if it has arisen out of and in the course of employment. Bom. HC 260

Compensation in lieu of reinstatement not always justified.  Guj. HC 274

Only penal action is warranted for non-compliance of CLRA Act. Jhar. HC 277

Reinstatement of driver, terminated without due process, is justified.  P&H HC 272

An Award to be set aside only if it is based on no evidence. Del. HC 235

Compensation is appropriate to daily-wager on wrongful termination. P&H HC 248

Labour Court has to confine adjudication to terms of reference. Supreme Court 254

Reference for 0regularisation can be made when contract of employment subsists.  Supreme Court 254

Reinstatement with back-wages appropriate if termination is illegal.  Guj. HC 274

Non-production of enquiry report before Labour Court would vitiate enquiry.  P&H HC 272

APR 15:

Arbitrary retrenchment amounts to unfair labour practice.  Supreme Court 337 

Confirmation of probationer not to be presumed even when annual increment is given.  Del. HC 405

Provident Fund Authorities not to initiate recovery until the limitation period for filing appeal before the Appellate Tribunal.  Ker. HC 427

Termination for misappropriation, after proving charges in enquiry, would be justified. Del. HC 437

Reinstatement with back-wages would be appropriate relief when termination is illegal. Del. HC 367\

Apex Court will exercise its extra-ordinary jurisdiction to avoid technicalities.  Supreme Court 352

Limitation Act not applicable for filing appeal under the Payment of Gratuity Act. Del. HC 356

A contractor can deposit EPF contributions in the code of principal employer. Guj. HC 390

Home workers through contractors for rolling beedis would be covered by Provident Fund Scheme. Pat. HC 382

Pendency of criminal case is no bar to continue with disciplinary enquiry.  Del. HC 431

Seniority list has to be displayed while effecting retrenchment by an employer. Supreme Court 337

While holding proceeding under section 7A of the Provident Fund Act, the Enquiry Officer will function as a Court. Jhar. HC 395

No prejudice to be caused to delinquent when his past record is not disclosed in the order of punishment.  Del. HC 431

Mere directions about ‘continuity of service’ would not construe entitlement of back-wages on reinstatement. Del. HC 411

Gratuity can’t be forfeited in the absence of prescribed procedure. Jhar. HC 445

Non-issuing of retrenchment notice and non-payment of compensation would justify reinstatement. Supreme Court 337

Mere admission of accident by a driver would not justify punishment.  Karn. HC 401

Industrial adjudicator is empowered to direct the employer to produce additional evidence. Del. HC 367

Before intending closure, the two months’ notice under section 25FFA of the ID Act is required. Supreme Court 337

No deemed confirmation is applicable for probationer in the absence of specific order.  Del. HC 405

Domestic enquiry would not be affected due to acquittal of delinquent employee from Criminal Court. Del. HC 431

Weaker section of society should be preferred for beneficial legislation.  Supreme Court 352

In disciplinary proceeding, a misconduct not to be proved beyond reasonable doubt.  Del. HC 367

Back-wages on reinstatement would be payable when termination is illegal. Supreme Court 337 

Prosecuting the employer for provident fund default after one year would be quashed. Guj. HC 391

Laws of drawn wages during pendency of proceeding in higher court not payable on closure of establishment. Ker. HC 378

Damages and penalty would be attracted for non-payment of provident fund contributions by employer. Guj. HC 390

Objection about territorial or pecuniary jurisdiction is to be taken at earliest possible.  Jhar. HC 395

Non-speaking order for levying damages for late deposit of PF contributions would not be tenable. Del. HC 361

Termination without enquiry even for long unauthorized absence would be illegal. Ker. HC 376

Claim for money under section 33C(2) of ID Act lies only when it is based on existing right.  Karn. HC 403

Past record of an employee, even if it is unblemished, is not always relevant for imposing punishment.   Karn. HC 401

Failure to lead evidence before Labour Court in support of charges would vitiate the enquiry. Del. HC 367

Strict rules of evidence are not applicable in domestic enquiries. Del. HC 367 

Findings of facts will not be interfered by the High Court. Del. HC 367

Abandonment of employment by an employee cannot be presumed merely by his unauthorised absence.  Ker. HC 376

Last drawn wages payable when an employer challenges reinstatement of workman in the higher court.  Ker. HC 378 

On delayed deposit of EPF contributions, penalty and damages would depend upon the circumstances but interest will be mandatory.  Guj. HC 390

Appeal by employer before EPF Appellate Tribunal without impleading employees/union would not be tenable. Cal. HC 387

MAY 15:

Development Officers of LIC are not ‘workmen’. Supreme Court 452

‘Good work reward’ will attract provident fund contributions. Del. HC 473

Paying lesser wages or delayed wages amounts to unfair labour practice. Supreme Court 449

Refusal to obey lawful instructions of superior(s) will justify dismissal. Del. HC 464

Restricting territorial jurisdiction in appointment letter is not legal. MP HC 501

Contract labour system is sham when wages are paid by principal employer. All. HC 505

Medical Laboratory is ‘Hospital’ for coverage under Provident Fund Act. Ker. HC 540

Dismissal of delinquent is proper for threatening to kill higher officer. Guj. HC 518

Reinstatement of contractor’s employee, in control of principal employer, is appropriate. All. HC 505

Plea of loss of confidence is ineffective in absence of proof. Bom. HC 497

An establishment remains covered under Provident Fund Act even on reduction of employees below 20. P&H HC 532

Failure to participate in the enquiry will lead to the proof of delinquent’s guilt. Guj. HC 518

Abandonment of job is not sustainable without enquiry. P&H HC 530

For espousing cause of a single employee, it need not be exclusive union of organization. AP HC 534

Limitation of 60 days is counted from the date of receipt of order. Bom. HC 492

Transfer is not a change in service conditions. Del. HC 464

Recruitment of workmen as daily-wagers is not prohibited. Supreme Court 449

Imposition of penalty on all cases of default is not mandatory. Del. HC 473

When reference is not legal, Award on merits will not sustain. Del. HC 480

Mere failure to furnish enquiry report will not vitiate the enquiry. Pat. HC 521

Compensation in lieu of reinstatement is appropriate after 19 years of illegal termination. Pat. HC 524

No limitation prescribed for raising of an industrial dispute. P&H HC 529

Daily-wagers to be confirmed after 5 years of service. Supreme Court 449

Imposition of damages on provident fund dues at highest rate must be with supporting reasons. Del. HC 473

Transfer is an incident of service. Del. HC 471

Reinstatement not always appropriate if enquiry is vitiated. Del. HC 464

A contractor is bound to pay cess in respect of its labourers. All. HC 504

Accidental compensation to member of ESI can be only under ESI Act. Supreme Court 457

Non-production of relevant records would justify adverse inference. P&H HC 530

An institution employing 20 or more persons is covered under PF Act. Ker. HC 540

Enquiry if conducted properly, Labour Court will not sit as an appellate body. Del. HC 459

Change in service conditions of workmen sans notice u/s. 11A of ID Act is illegal. Del. HC 464

Charges under enquiry not to remain effective when it is vitiated. Bom. HC 497

An Award of  Labour Court without jurisdiction is not sustainable. Del. HC 480

EPF Appellate Tribunal has limited power of review under section 7-L(2) of EPF & MP Act. Del. HC 482

Dismissal of employee for threatening to suicide if not retransferred is justified. Pat. HC 521

Reinstatement justified when termination is not excluded by ‘retrenchment’. Pat. HC 524

Non-compliance of section 25-F of ID Act would render termination illegal. P&H HC 530

An order ignoring principles of natural justice is not sustainable. Bom. HC 495

An employer has to conduct an enquiry as per Standing Orders. Del. HC 459

Appeal under section 45-AA of the ESI Act is to be filed within 60 days. Bom. HC 492

Hospital is the genus and clinics are species hence covered under P.F. Act. Ker. HC 540

Discrepancy in wages of permanent and temporary workmen is not permissible. Supreme Court 449

An employer can adduce evidence if no enquiry is held. Del. HC 464

Industrial Disputes Act does not prohibit any Union from espousing the cause of a single workman. AP HC 534

Withdrawal of relaxation by EPF Authority not proper, without consideration. Bom. HC 495

Labour cess not a tax of the State Government. All. HC 504

Transfer order not illegal when stipulated in appointment letter. Del. HC 471

Appropriate Government for controlled industry is the Central not the State. Del. HC 480

Reinstatement is appropriate if workman is acquitted on same charges. Del. HC 488

Defective enquiry stands on same footing as if there is no enquiry. Del. HC 459

JUN 15:

Punishment for embezzlement not to be interfered by Court Supreme Court 646

Provident Fund dues of contractor with independent code can’t be recovered from principal employer Mad. HC 635

A contract is sham when day-to-day supervision of contractor’s workers is made by principal employer Mad. HC 580

Abandonment of job by workman can’t be presumed without holding of enquiry P&H HC 595

An employer can’t question limitation if no notice u/s. 7(2) of the Gratuity Act is given to employee. Bom. HC 610

Labour Laws are not applicable to Sulabh International Social Service Organization Guj. HC 597

Unless contract to the contrary, transfer of an employee to another company is illegal Del. HC 616

Reinstatement with full back-wages is not always automatic on every illegal termination Del. HC 617

Job security available only when workman proves 240 days continuous service. Del. HC 622

Appearance of Presenting Officer of Management as witness will not vitiate enquiry Cal. HC 642

Non-compliance of transfer and refusal to participate in enquiry are misconducts justifying termination MP HC 655

No ‘employer-employee’ relationship between principal employer and employees of licensed contractors Del. HC 575

Courts can’t direct regularisation of employees engaged through backdoor Del. HC 573

Basis of counting 240 days is to be taken backward from the date of retrenchment P&H HC 591

Termination by one month’s wages without compliance of applicable law is illegal retrenchment Supreme Court 603

Delinquent can’t claim representation by lawyer in enquiry when Presenting Officer of employer is not legally trained Mad. HC 589

Retrenchment compensation imperative on termination of workman with 240 days or more service Del. HC 613

An Award not based on facts is to be set aside Del. HC 568

Dismissal disproportionate when ‘willful disobedience’ only partially proved Supreme Court 561

Termination of an employee for his long unauthorized absence without conducting enquiry is illegal P&H HC 595

Obtaining resignation under pressure and coercion amounts to ‘unfair labour practice’ Raj. HC 658

Appointment for 90 days and giving extension from time to time would not affect continuity of service Del. HC 613

Contractor registered with PF Department Code number is to be treated as ‘independent employer’ Mad. HC 635

Back-wages justified only when workman pleads his unemployment P&H HC 639

Termination by way of punishment is not retrenchment Bom. HC 649

Territorial jurisdiction of the Court lies where the workman was posted and terminated Del. HC 568

Enquiry not perverse if employee did not lead any evidence Del. HC 571

A contract when proved sham, employees of contractor to be absorbed as regular employees Mad. HC 580

Dispensation of enquiry not justified merely that last address of workman was not known P&H HC 595

Object of holding an enquiry is to give the delinquent opportunity to defend against the charges Cal. HC 642

Illegal strike is not a sufficient cause to abstain in the enquiry MP HC 655

Labour Court has to confirm its jurisdiction to terms of reference Bom. HC 648

Writ Court can interfere with enquiry only if the finding is perverse or improper Del. HC 571

Central Government will be appropriate government for Oil industry Del. HC 575

Only discrepancies in monthly return is no ground to recommend for cancellation of Provident Fund exemption Ker. HC 577

Writ Court has limited scope of interference in the Award passed by Labour Court Mad. HC 580

Reinstatement justified when employer fails to hold enquiry for absence of workman P&H HC 595

Past record of a delinquent has to be considered at initial stage Supreme Court 561

Back-wages only from the date of demand notice Del. HC 613

Transfer of an employee as per service conditions is legal Del. HC 616

Liability of unregistered contractors for payment of EPF contributions can be fastened upon principal employer Mad. HC 635

In the absence of any statutory guidelines, an Enquiry Officer can evolve his own procedure Cal. HC 642

Non-rebuttal of allegation of employee by employer, resignation will be clear to be obtained under coercion P&H HC 659

Labour Court/Tribunal is empowered to grant such a relief even not pleaded by workman Supreme Court 561

A dispute raised after 3½ years can’t be rejected Del. HC 613

Finding of facts can’t be challenged by writ petition in High Court Del. HC 622

Nature of work cannot be judged by mere volume or quantity of work Guj. HC 626

An Enquiry must be in conformity with Principle of Natural Justice. Cal. HC 642

Repeated representations to employer is not sufficient explanation for delay in raising dispute Bom. HC 649

Testing, certification of materials of food items carried out in Laboratory will be covered by Factories Act P&H HC 659

An Award by Labour Court beyond terms of reference is to be set aside Bom. HC 648

An Industrial Adjudicator has no power under section 11(3) of the I.D. Act like that of a Civil Court Karn. HC 601

Wages for the period of suspension to an employee cannot be denied Raj. HC 599

Full wages for the period of suspension can’t be denied when the employee is not found guilty in the enquiry Raj. HC 599

JUL 15:

An employee to continue in employment till (s)he is fit when no retirement age is prescribed. Bom. HC 708

Non supply of list of documents and witnesses would vitiate enquiry. Supreme Court 673

A trainee would not be a ‘workman’ under Industrial Disputes Act. Del. HC 682 & Bom. HC 733

No employer-employee relationship between principal employer and workers of licenced contactor holding EPF code number. P&H HC 726

Automatic termination of fix period of service not to be treated illegal. Del. HC 738

A third party is not liable to pay EPF contribution dues in respect of drivers of the transporter(s). P&H HC 727

Financial problems not relevant for waiver of damages for delayed payment of EPF dues. Del. HC 675

Abandonment of an employee due of absenteeism can’t be presumed in the absence of enquiry. P&H HC 725

Right to regularisation of contract workers only when the contract is sham. Del. HC 693

Sub-section 4 of section 36 of the Industrial Disputes Act, 1947 could be considered as a restrictive right. Ker. HC 752

Trainees from Educational Institutions not under Apprentices Act would be treated as ‘employees’ under ESI Act. Ker. HC 759

Issuance of used tickets is a grave misconduct. P&H HC 761

Illegal termination would attract relief of reinstatement with back-wages. Guj. HC 770

Non-payment of retrenchment compensation would render the termination illegal. P&H HC 775 & Del. HC 778

Dismissal for unauthorised absence for 78 days of a workman with 20 year service is not justified. Mad. HC 718

Abandonment rightly presumed for unauthorised absence and on failure to participate in the enquiry. P&H HC 731

No limitation for claiming damages for delayed payment for EPF contributions. Del. HC 675

Blemish past record, would have sufficient force to justify punishment. Del. HC 705

An ex-parte award liable to be set aside when summons are not served upon management. Del. HC 691

Dismissal of bank employee not proper merely because he stood guarantor for sanction of small loan. Del. HC 687

Levy of damages under provident fund are aimed to act as deterrent. Del. HC 697

Both interest and damages to be paid when employer not disputed for delayed deposit of EPF contribution. Ori. HC 719

No violation of EPF&MP Act when some employees’ contribution is in excess and for others restricted to wages ceiling Jhar. HC 716

Non-examination of complainants in an enquiry not to be fatal. Del. HC 705

ESI Act not applicable unless there are 10 workers in a factory. Gau. HC 714

Declining to refer dispute of a trainee not improper. Bom. HC 733

While granting approval the Labour Court has limited jurisdiction whether enquiry is proper or not. Del. HC 741

Issue of espousal must be decided at first Instance. Del. HC 747

Dismissal not proper for 8 days of absenteeism when enquiry is not fair. Mad. HC 766

Delay in raising industrial dispute is not fatal. HP HC 767

No relief by the Labour Court to an unauthroised absentee failing to respond show cause notice or participating in the enquiry. P&H HC 731

Merely on self-servicing/depositing of a person would not create employer-employee relationship P&H HC 726

Absenteeism proved when workman stated that he could not go to factory. Del. HC 682

No appeal lies in the EPF Tribunal against levy of interest for delayed payment of provident fund dues. Del. HC 697

Strict rules are not applicable in departmental enquiries. Del. HC 705

Reinstatement with back wages justified on termination of unauthorised absence without conducting enquiry. P&H HC 725

Disputing VRS must be supported by substantial number of workmen. Del. HC 747

Issuance of used tickets is a grave misconduct by a bus conductor deserving no leniency. P&H HC 761

New grounds raised in writ appeal are not permissible. Mad. HC 766

Damages for delayed payment of EPF contribution is to be waived for a declared sick company. Karn. HC 773

Reduction of damages to 5% in the absence of wilful default is right. Karn. HC 772

A circular can act as an aid but cannot override the statute. Del. HC 697

Unauthorised entries on withdrawal of money from accounts of customers by bank employee are serious misconducts. Del. HC 705

AUG 15:

Prosecution of Director, not having control over Company affairs, not sustainable. Ker. HC 875

Termination for failure to achieve targets, without enquiry, not valid. Supreme Court 790

240 days service in the 5th year will be treated 5 years for  gratuity. Ker. HC 826

Prosecution under Contract Labour (R&A) Act to be quashed when the accused made ‘principal to principal’ agreement. Bom. HC 857

Damages for delayed EPF contributions depends upon factors like frequency of defaults and amount involved, etc. Bom. HC 853

Lack of integrity of bank employee would justify dismissal from service. Del. HC 800

Mere common ownership would not justify to club establishments for coverage under Provident Fund Act. Ker. HC 862

Termination for non-renewal of contract of service not ‘retrenchment’. Del. HC 805

Prosecution under Contract Labour (R&A) Act must be against only guilty official. Jhar. HC 831

Full wages payable for suspension period in absence of any in Service Rules or Standing Orders. Del. HC 795

Reinstatement with back-wages justified on termination without retrenchment compensation. Supreme Court 785

Merely control is not sufficient to determine a relationship of employer. Bom. HC 850

Gratuity can be forfeited only on termination for reasons given under section 4(6) of the Act. All. HC 866

Notice under section 9-A of Industrial Disputes Act imperative on reduction of salary. Bom. HC 880

Cess under BO&CW Act is to be calculated and paid on entire construction work. Ker. HC 860

Delay in initiating proceedings by Provident Fund Authorities for assessing damages would not be improper. Bom. HC 853

Delay in raising an industrial dispute not fatal for making reference. HP HC 833

Retrenchment in violation of section 25-G of Industrial Disputes Act would be illegal. HP HC 833

Transferee of an establishment would be held liable for payment of EPF dues payable by transferor. Ker. HC 824

Last drawn wages during pendency of proceeding in higher court will be from filing of petition by employer. Ker. HC 819

Coverage of an establishment under Provident Fund Act not to be set aside if employing 21 employees. P&H HC 837

Back-wages on reinstatement depends upon length of service, financial position of employer & unemployment of workman. Supreme Court 785

Relief of back-wages on reinstated workman only from raising of industrial dispute. HP HC 869

All employees except apprentices under Apprenticeship Act will be covered by the Provident Fund Act. Mad. HC 893

Withdrawal of money from customer accounts by bank employee will be grave misconduct to justify dismissal. Del. HC 800

Non-supply of enquiry report of Enforcement Officer to the employer justifies quashing the order of EPF Authority. Jhar. HC 828

An order, without providing opportunity for hearing, will be set aside. Jhar. HC 828

Agreement for ground handling of foreign airlines by Air India and AAI on ‘principal to principal’ basis will not attract Contractor Labour (R&A) Act. Bom. HC 857

Award to be quashed when reference was made by the State, not the Central government. Del. HC 798

Government can refer an industrial dispute at any time. HP HC 833

An order by EPF Authority skipping material facts is to be reconsidered. P&H HC 836

Delayed deposit of EPF contributions in the absence of any loss suffered would justify levy of damages. Raj. HC 839

Minimum wages prevailing at the time of accident are to be basis for compensation. Raj. HC 838

Compensation for industrial accident of member of ESI would not lie under Employees’ Compensation Act. Mad. HC 842

A trainee under Apprentices Act cannot raise industrial dispute. Guj. HC 846

Purpose of suspension is mainly to facilitate holding of enquiry. Del. HC 795

Declining to entertain petition after 13 years for cancellation of exemption under Provident Fund Act is appropriate. Cal. HC 848

Transferee to be held liable for EPF dues payable by transferor. Bom. HC 813

Non-production of muster rolls by employer would justify adverse inference. Supreme Court 785

Unless substantial breach of conditions of policy is proved, insurer cannot escape from paying compensation. Bom. HC 882

Change of service as outcome of settlement, will not require notice under section 9-A of Industrial Disputes Act. Bom. HC 880

Denial of opportunity for re-employment of retrenched employee would nullify retrenchment. HP HC 869

Appropriate government cannot consider merits of an industrial dispute. Jhar. HC 872

In absence of financial integrality, clubbing of two concerns under the EPF Act not valid. Ker. HC 862

Workman has to prove 240 days working in preceding 12 months. P&H HC 884

SEP 15:

Termination sans retrenchment compensation would be illegal. Supreme Court 990 & HP HC 936

Misappropriation is a grave misconduct justifying dismissal. Karn. HC 969

Provident Fund Act once applicable will continue to apply even if number of workers is reduced Trip. HC 986

Canteen workers through contractor(s) when controlled and supervised by principal employer will be regularised. Bom. HC 974

Clubbing of two independent establishments for coverage under provident fund is not proper. Karn. HC 971

An ‘employer’ under provident fund does not include managing director or manager. Cal. HC 927

Go slow; shut down, strike and abusive language will justify dismissal. Bom HC 920

Reinstatement with back-wages to follow an illegal termination. Supreme Court 990

Last drawn wages during pendency of proceedings in higher court untenable when workman is gainfully employed. Guj. HC 933

Reference of an industrial dispute to be set aside, if not made by appropriate Government. Raj. HC 961

One who has ultimate control over the affairs of a factory is employer under Factories Act. Cal. HC 927

Dismissal for slapping a colleague is shockingly disproportionate punishment. Supreme Court 897

Declining to adjourn enquiry proper when no prejudice is caused to the employee. Bom. HC 918

Unless there is perversity, the court should not interfere in the punishment. Bom HC 920

Appeal against levy of interest on delayed payment will not be tenable before EPF Tribunal. Del. HC 900

Functional integrality depends whether one unit can survive in the absence of other. Karn. HC 971

Compensation would be appropriate when employer has lost confidence in employee. P&H HC 952

A plea when not taken in ‘Statement of Claim’ can’t be improved Raj. HC 956

An employer cannot unilaterally demote an employee without reasons. Uttr. HC 963

Absence of employer-employee relation would not justify regularisation of employees. Ker. HC 939

Contractors covered under Provident Fund Act cannot deny to furnish detail of employees. Jhar. HC 982

Employees of a statutory canteen run by contractor would be treated as employees of the principal employer. Bom. HC 974

Approval for dismissal when declined, would amount to continuity of service. Cal. HC 981

Employer-employee relationship is established when the employee had the authority to represent the employer Trip. HC 986

Dismissal of security person is not disproportionate when guilty of shouting and spoiling the discipline. Bom. HC 918

Dismissal justified when the workman was unruly as proved. Bom HC 920

Belated demand of provident fund dues would not be vitiated. Del. HC 900

Denial of documents to the delinquent would vitiate enquiry. Ori. HC 946

Reinstatement with wages not proper even when termination is held illegal. P&H HC 952

Illness when not supported with evidence would not justify absence P&H HC 984

Interference by the Labour Court in punishment is called only when it is shocking and disproportionate. Bom. HC 918

Departmental circular cannot overrule the provisions of a statute. Del. HC 900

Absence of positive evidence will vitiate the enquiry. Karn. HC 966

Termination of a daily-wager for stealing employers’ property is justified. P&H HC 952

Canteen employees will be of principal employer only under section 46 of the Factories Act. Ker. HC 939

Termination for absence after holding enquiry would be justified P&H HC 984

Compensation instead of reinstatement would be appropriate when past record of delinquent employee was unblemished. Supreme Court 897

Employees of contract labour will be absorbed when certain is run in principal employer’s premises. Bom. HC 974

Over time payment will not attract provident fund contribution. Trip. HC 986

Levying damages for delayed payment is meant to act as deterrent. Del. HC 900

Apprentices under Apprentices Act not to be covered under ESI Ker. HC 943

A married sister is not dependent to the claim accident compensation. P&H HC 951

Worker engaged merely for two three days not coverable under ESI. P&H HC 954

Notice of change not required on termination/retrenchment Raj. HC 956

Simultaneous payment of one month notice and retrenchment compensation would comply with conditions for retrenchment Raj. HC 956

Back-wages of a workman whose approval has been declined, can claim under section 33C(2) of I.D. Act. Cal. HC 981

OCT 15:

Principal employer not liable for provident fund dues of contractor with independent code number. P&H HC 1023

Prosecution under CLR&A to be quashed if filed after 3 months. Pat. HC 1062

Milk allowance paid to each workman is ‘wages’ to attract ESI contribution Cal. HC 1087

Terminated workers of contractor cannot claim reinstatement from principal employer. Del. HD 1071

Factories Act obligates to maintain a canteen when staff strength exceeds 250. Supreme Court1009

Loss of confidence in employee justified when misappropriation is proved. Gau. HC 1091

Non-furnishing of list of witnesses would vitiate the enquiry. Uttr. HC 1019

Workers of contractor, having licence, not to become employees of principal employer. Del. HD 1071

Relationship not established when principal employer has not issued appointment letter to the workers of contractor. Chht. HC 1052

Non-payment of retrenchment compensation will render termination illegal. P&H HC 1036

Reinstatement with back-wages is appropriate when the Management fails to prove charges. P&H HC 1032

Deposit of PF contributions for contractor’s employees not to mean that they are the employees of principal employer. Del. HD 1071

Abandonment without information to workman will amount to illegal retrenchment. P&H HC 1030

Heart problem aggravated by stress, would be accident of bus driver. Karn. HC 1068

Not mentioning of name of Enquiry Officer would not render charge-sheet invalid. Uttr. HC 1019

Non production of records despite notice by Labour Court, would lead to adverse inference. Chht. HC 1052

One member in ICC for sexual harassment should be independent, preferably from an NGO. All. HC 1038

In disciplinary proceedings, standard of proof is preponderance of probabilities. Gau. HC 1091

A nominee has to disburse the collected amount to legal representatives of the deceased. Ker. HC 1098

When a canteen ipso facto corresponds to a ‘statutory canteen’, its staff would be treated as employer’s servants. Supreme Court1009

Termination justified if employee fails to comply with transfer order. Del. HC 1017

Non-rebuttal of an averment will amount to its admission.         P&H HC 1034

Location of head or registered offices not sufficient for territorial jurisdiction of labour dispute since its situs is relevant. Del. HC 1015

Dismissal to be quashed when enquiry is not fair and proper. P&H HC 1032

For accident compensation, it does not mean that workman must be working at that time. Karn. HC 1068

A show-cause notice cannot always be treated as a charge-sheet.           P&H HC1027

No prejudice will be caused to employee on delayed deposit of PF contribution. Cal. HC 1041

Lady member of ICC not necessarily to be senior in rank of the complainant. All. HC 1038

For appeal under Payment of Wages Act decreed amount is to be deposited. MP HC 1061

Prosecution for violation can be only of the occupier of the factory. Jhar. HC 1056

Retrenchment not illegal when compensation was not collected by the retrenched workman. Bom. HC 1083

Forfeiture of gratuity is valid on termination for misconduct under section 4(6) of Gratuity Act. Del. HC 1076

A part-time employee is a ‘workman’ under ID Act. P&H HC 1105

Reinstatement with back-wages to follow if termination is held illegal. P&H HC 1036

Exempted establishment cannot escape interest for delay in PF payment. Cal. HC 1045

Non-production of documents by employer would lead to adverse inference. P&H HC 1034

Fresh evidence can be led by employer if the enquiry is quashed.           P&H HC 1032

Mere delay of two years in raising industrial dispute would not deprive workman’s right. P&H HC 1030

An enquiry must be held on the basis principles of natural justice. Uttr. HC 1019

Employees’ Provident Fund Organisation is not a profit-making body. Cal. HC 1041

No limitation is prescribed to levy damages for delayed payment of EPF contributions. Cal. HC 1041

Lady member of ICC in sexual harassment is to be of senior level.   All. HC 1038

Principal employer can be liable for EPF contribution of contractor when the latter does not have code number. P&H HC 1023

Forfeiture of gratuity justified on termination for immense financial loss. Del. HC 1076

One half of the members of ICC for sexual harassment are required to be women. Guj. HC 1095

If extra work is done during paid holiday, it will be wages under ESI Act. Cal. HC 1087

A plea not taken in Labour Court, can’t be entertained in the judicial review.   P&H HC 1034

NOV 15:

Clean past record is irrelevant for punishment for misappropriation. Bom. HC 1161

Direct supervision by principal employer over contractor’s workers will make contract sham. Del. HC 1126

Termination of services is justified for causing sexual harassment. Del. HC 1195

An enquiry is illegal if it is not conducted by an impartial Officer. Del. HC 1129

For imposing damages, mens rea in late deposit of EPF contributions would be relevant. Del. HC 1132

Mere corporate office will not vest the Labour Court with territorial jurisdiction. Del. HC 1136

In a sham contract, employees of contractor would be treated as employees of the principal employer. Del. HC 1126

A Director or Managing Director is coverable under Provident Fund. Del. HC 1189

Termination of probationer is punitive if it affects his reputation. Del. HC 1192

Holding of enquiry by Legal Adviser of establishment will not be fair. Del. HC 1129

Reinstatement with back-wages is proper when retrenchment compensation not paid. P&H HC 1187

Damages cannot be levied mechanically for delayed provident fund dues. Del. HC 1132

EPF Act not contemplates that default be in existence when proceedings under section 14B are initiated. Del. HC 1132

Amount of misappropriation is insignificant for imposition of punishment. Bom. HC 1161

Dismissal justified when employee was punished for 9 times in 11 years. Bom. HC 1161

Non-reporting for duty is not conclusive of intention to abandon the job. P&H HC 1182

Bank guarantee also meets the mandatory requirement of pre-deposit for filing appeal in EPF Tribunal. Del. HC 1143

Bus conductor, guilty of misappropriation, not fit to be retained. Del. HC 1145

Terminated workman, on acquittal, can’t be denied back-wages. Pat. HC 1174

Regularisation can’t be claimed under Contract Labour (R&A) Act. Gau. HC 1170

 Adjudication not to be stalled by moving writ petition on preliminary issue. Gau. HC 1166

Compensation, instead of reinstatement, of a daily-wager is appropriate. Supreme Court 1125

Delay in complaining sexual harassment is not fatal. Del. HC 1195

Removal is justified for proved misappropriation of money. Del. HC 1205

Raising demand after years is the indicator of intention of a workman. P&H HC 1208

Forfeiture of gratuity on termination for prescribed misconducts justified. Del. HC 1215

Bias to be presumed if Enquiry Officer ignores evidence of workmen. Del. HC 1129

No compensation when deceased was not working at the time of accident. Del. HC 1144

If enquiry is vitiated, Management has to request for adducing evidence. Gau. HC 1166

Opportunity must be given by RPFC before imposition of damages upon defaulting employer. P&H HC 1184

When approval is not granted, reinstatement is appropriate. Del. HC 1155

Theft is a serious misconduct, justifying breach of confidence. Uttr. HC 1217

Mere payment of wages by principal employer will not render the contract as sham. Del. HC 1126

Employer has to state reasons for denial of reinstatement. P&H HC 1187

It is wrong that EPF Authority has no power to waive or lower the penalty. Del. HC 1132

Situs of employment is relevant for determining territorial jurisdiction. Del. HC 1136

New Management, obtaining new electricity connection etc. would not establish the closure of the old industry. Pat. HC 1177

ESI benefits not available to dependants of deceased if not covered under the Act. Del. HC 1144

Strict rules of Evidence Act not to apply in domestic enquiries. Del. HC 1145

Workman to prove relationship of ‘employer-employee’. Gau. HC 1170

Casual or temporary workers have no vested right to be regularized. Supreme Court 1121

Damages and interest for delayed deposit of dues can’t always be fastened upon the transferee. P&H HC 1184

Approval for dismissal of a workman is to be declined when no evidence is produced. Del. HC 1155

Enquiry vitiated if Management fails to lead evidence of charges. Del. HC 1155

Employer is not expected to know whereabouts of absentee workman. P&H HC 1208

Dismissal justified when theft of property is admitted by employee. Uttr. HC 1217

Complaint filed within three months from date of occurrence is not time-barred. Jhar. HC 1212

Writ Court not to interfere into factual findings of Labour Court. P&H HC 1187

High Court will interfere in an Award when perversity is noticed. Gau. HC 1170


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