Failure to avail remedy against transfer order would imply its acceptance.
2024 LLR 119
SUPREME COURT OF INDIA
Leave encashment is excluded from 'basic wages' under the EPF Act.
2024 LLR 193
PUNJAB AND HARYANA HIGH COURT
Condonation of delay is proper if appeal was filed before wrong authority on RPFC''s direction.
2024 LLR 181
KERALA HIGH COURT
Excess amount is adjustable against future payments of EPF contributions.
2024 LLR 196
GUJARAT HIGH COURT
Show cause notice for a demand already paid is unsustainable.
2024 LLR 212
KERALA HIGH COURT
Maximum amount of damages cannot exceed the sum due under section 14B.
2024 LLR 223
CALCUTTA HIGH COURT
Interest under section 7Q is not for the PF trust or the PF authority.
2024 LLR 196
GUJARAT HIGH COURT
Canteen allowance is a part of 'basic wages' under the EPF Act
2024 LLR 184
DELHI HIGH COURT
Payment of assessed amount under protest does not debar employer from filing appeal.
2024 LLR 206
PUNJAB AND HARYANA HIGH COURT
The EPF Act places a cap on the imposable rate of interest under section 7Q.
2024 LLR 218
KARNATAKA HIGH COURT
It is obligatory to disclose APFC''s report during determination under section 7A.
2024 LLR 223
CALCUTTA HIGH COURT
EPF Act can be applied even to factories not engaged in Schedule I industries.
2024 LLR 176
SUPREME COURT OF INDIA
Section 7A order without impleading necessary parties despite requests is improper.
2024 LLR 179
ANDHRA PRADESH HIGH COURT
In the absence of any inbuilt mechanism for payment of wages pending proceedings in higher courts, the employee can approach the labour Court under section 33-C(2) for computation of her entitlement
2024 LLR WEB 44
ORISSA HIGH COURT
Trust's employees cannot be brought under the ambit of the ESI Act merely because their salary is maintained together with employees of a covered establishment
2024 LLR WEB 45
BOMBAY HIGH COURT
Food supervisor of a hospital is a 'workman' under the Industrial Disputes Act
2024 LLR WEB 46
BOMBAY HIGH COURT
Grant of exemption under the ESI Act cannot be denied without assigning any reason
2024 LLR WEB 47
GUJARAT HIGH COURT
It is the statutory right of every workman to avail the benefit of the Settlement irrespective of whether he/she is member of recognized Union or not
2024 LLR WEB 48
BOMBAY HIGH COURT
When Labour Court finds that even though the enquiry was consistent with the rules of natural justice but the punishment was disproportionate to the misconduct, then it will have the discretion not to award full back wages
2024 LLR WEB 49
CALCUTTA HIGH COURT
Relief of regularization is proper where the employer has indulged in an unfair labour practice by continuing to employ workers on temporary posts and not filling up permanent posts
2024 LLR WEB 51
GUJARAT HIGH COURT
Artisans employed directly by the employer for work of establishment fall under category of employee
2024 LLR WEB 53
CALCUTTA HIGH COURT
No Exemption under the Cess Act by taking shelter of applicability of Factories Act, 1948
2024 LLR WEB 54
HIMACHAL PRADESH HIGH COURT
Notification revising minimum wage rates by adding just 10% over the earlier rates is arbitrary.
2024 LLR 172
KARNATAKA HIGH COURT
Past record is relevant while imposing punishment.
2024 LLR 138
MADRAS HIGH COURT
Second Maternity Leave can be claimed within two years from First Maternity Leave.
2024 LLR 126
ALLAHABAD HIGH COURT
No accident compensation when vehicle was partly owned by both parties.
2024 LLR 140
DELHI HIGH COURT
Pushing co-worker causing multiple injuries is a grave misconduct justifying dismissal.
2024 LLR 147
BOMBAY HIGH COURT
Issuance of chargesheet cannot be challenged in Writ Petition.
2024 LLR 166
RAJASTHAN HIGH COURT
Workman who questioned termination before Labour Court is not eligible for gratuity.
2024 LLR 161
KARNATAKA HIGH COURT
Workman terminated by contractor cannot move against the principal employer.
2024 LLR 154
MADRAS HIGH COURT
Certificate of Pvt Doctor after 3 years of accident is not admissible for granting compensation.
2024 LLR 169
GAUHATI HIGH COURT
Occupier and manager are not responsible for accident if safety equipment was provided.
2024 LLR 163
JHARKHAND HIGH COURT
No relief under section 17B when workman was gainfully employed.
2024 LLR 142
DELHI HIGH COURT
Appropriate Govt. should prevent filing of frivolous unfair labour practice complaints.
2024 LLR 132
CALCUTTA HIGH COURT
Order of ESI Authority without recording name and place of employees is illegal.
2024 LLR 129
PUNJAB AND HARYANA HIGH COURT
National Lok Adalat cannot transfer disputes from Labour Court.
2024 LLR 159
HIMACHAL PRADESH HIGH COURT
No severance of master-servant relation on non-payment of subsistence allowance during suspension.
2024 LLR 119
SUPREME COURT OF INDIA
New claims of overtime cannot be taken after commencement of evidence.
2024 LLR 124
MADHYA PRADESH HIGH COURT
Central Govt. has the power of bringing establishments within purview of the EPF Act.
2024 LLR 176
SUPREME COURT OF INDIA
When injury was not covered by Schedule- I, the workman is required to prove the loss of earning capacity in reference to the nature of work which he was capable of doing at the time of the accident
2024 LLR WEB 50
GAUHATI HIGH COURT
Controlling Authority might accept application on sufficient cause being shown by the applicant after the expiry of the specified period
2024 LLR WEB 52
KARNATAKA HIGH COURT
Entitlement of gratuity could not be reduced below prescribed ceiling limit
2024 LLR WEB 55
TRIPURA HIGH COURT
Denial of death benefits cannot be denied merely on the basis of delay in payment of amount due to death
2024 LLR WEB 56
DELHI HIGH COURT
Pregnant employee cannot be terminated to escape the provision of the Maternity Benefits Act in the garb of unsatisfactory performance
2024 LLR WEB 59
HIMACHAL PRADESH PRADESH HIGH COURT
Levy of labour cess on supply and installation of meters is not tenable.
2024 LLR WEB 60
JHARKHAND HIGH COURT
It is not necessary to provide daily-waged workers with letters of appointment and termination.
2024 LLR WEB 62
DELHI HIGH COURT
There will be no violation of the principles of natural justice even if the enquiry was not strictly conducted as per the provisions of the POSH Act
2024 LLR WEB 63
GAUHATI HIGH COURT
Mere self-serving statements will not suffice to discharge the burden placed by law on the workman to prove that he had worked for 240 days in a given year.
2024 LLR WEB 64
PUNJAB AND HARYANA HIGH COURT
Labour Court cannot deal with issues pertaining to payment of salaries and increments.
2024 LLR WEB 65
MADHYA PRADESH HIGH COURT
Mere settlement of the wages accrued towards the workman does not lead to the presumption that the same is a full and final settlement
2024 LLR WEB 67
DELHI HIGH COURT
In an application under Section 2-A, issues framed by the Labour Court on consideration of the pleadings is akin to a civil proceeding.
2024 LLR WEB 68
GUWAHATI HIGH COURT
Transfer to far distance from present distance without consent of employee as provided under Model Standing Orders is mala fide.
2024 LLR WEB 69
UTTARAKHAND HIGH COURT
Claims under the Maternity Benefits Act cannot be granted by the High Court in exercise of its Writ Jurisdiction.
2024 LLR WEB 71
DELHI HIGH COURT
Setting aside of ex parte award and accepting application for condonation of delay would not be possible when the petitioner did not again appear before the Labour Court.
2024 LLR WEB 72
DELHI HIGH COURT
Representation under section 36 of ID Act is valid only if Trade Union was registered at the time of filing the same.
2024 LLR WEB 73
RAJASTHAN HIGH COURT
Punishment of termination on mere negligence in performing duties is disproportionate and merits reinstatement with back wages.
2024 LLR WEB 76
MADRAS HIGH COURT
Maintenance supervisor of a school is not a 'workman' under the ID Act.
2024 LLR 131
MADRAS HIGH COURT
There cannot be any automatic cancellation or termination of the exemption granted.
2024 LLR 228
CALCUTTA HIGH COURT
Mere opportunity of hearing is not sufficient to uphold finding against employer.
2024 LLR 206
PUNJAB AND HARYANA HIGH COURT
Mass exodus of employees from covered establishment will not take it out of coverage.
2024 LLR 200
GAUHATI HIGH COURT
Casual employees are liable to be paid EPF contributions.
2024 LLR 214
ORISSA HIGH COURT
Show cause notice without supporting documents is not tenable.
2024 LLR 223
CALCUTTA HIGH COURT
The judgment of Air India with prospective effect applies only to such directions issued by any court for absorption of contract labours where such a direction has been given effect to and has become final
2024 LLR WEB 57
JHARKHAND HIGH COURT
Workmen of a statutory canteen would be the workmen of the principal establishment for the purpose of the Act only and not for all other purposes.
2024 LLR WEB 75
MADRAS HIGH COURT
In the absence of a challenge to the 45-A order, the ESI Court has no jurisdiction to hold that the said order was vitiated by delay and laches.
2024 LLR WEB 78
MADRAS HIGH COURT
The issue of imposing a penalty would only arise after the main claim for compensation is determined by the competent Authority.
2024 LLR WEB 80
DELHI HIGH COURT
Appellate body cannot assume the role of disciplinary authority and supplement his reasons for upholding the punishment order.
2024 LLR WEB 81
ALLAHABAD HIGH COURT
Absence of registration of contract and non-procurement of license by the Contractors are relevant factors for presuming employer-employee relationship.
2024 LLR WEB 82
BOMBAY HIGH COURT
Termination on ground of unbecoming conduct would not lead to forfeiture of gratuity
2024 LLR WEB 83
GUJARAT HIGH COURT
Complaint filed against the Occupier and Manager of a factory cannot be mere reiteration of the show cause notice issued to them.
2024 LLR WEB 84
MADRAS HIGH COURT
Anything done or any action taken under the Industrial Employment (Standing Orders) Act shall be deemed to have been taken under the Industrial Relations Code, 2020 and shall be in force unless it is contrary to the provisions of the Code.
2024 LLR WEB 85
KERALA HIGH COURT
Mere Legal background of the Inquiry Officer would not entitle the delinquent - workman to seek assistance of legal practitioner.
2024 LLR WEB 86
BOMBAY HIGH COURT
Section 29 of the I.D. Act cannot be said to be an executing proceeding but is for the purpose of initiating a criminal prosecution in a case of non-implementation/breach of the award.
2024 LLR WEB 88
JHARKHAND HIGH COURT
Definition of employer under ESI Act is not applicable over to EPF Act.
2024 LLR WEB 89
MADRAS HIGH COURT
There is no need to indicate the performance of the probationers in their termination letter
2024 LLR WEB 58
MADRAS HIGH COURT
Disability certificate without specifications of diagnosis is unacceptable.
2024 LLR WEB 61
KARNATAKA HIGH COURT
Grant of exemption cannot be refused without affording proper hearing
2024 LLR WEB 66
CALCUTTA HIGH COURT
Trainees, employed on permanent jobs, are 'workmen' under the ID Act.
2024 LLR WEB 74
CALCUTTA HIGH COURT
Payment of compensation would not amount to admission of criminal liability when the victim met with the accident due to his own negligence.
2024 LLR WEB 77
MADRAS HIGH COURT
Mere apprehension of layoff or termination cannot be a sufficient cause to invoke action under section 33 of ID Act.
2024 LLR WEB 79
MADRAS HIGH COURT
Not for profit hospitals fall under the definition of 'industry' under the ID Act.
2024 LLR WEB 87
DELHI HIGH COURT
Simply because no application for waiver was made, the same does not absolve the ESI Authority to comply with the statutory obligation with regards exercise of its discretion.
2024 LLR WEB 90
CALCUTTA HIGH COURT
Remuneration of a piece rated worker would fall within the definition of the term 'wages' as prescribed under the ID Act.
2024 LLR WEB 91
GUJARAT HIGH COURT
Workman cannot claim benefits under section 25-F when he stopped coming to his duties on his own.
2024 LLR WEB 92
DELHI HIGH COURT
