Termination of a probationer, even when stigmatic, should not be set aside.
2010 LLR 225
SUPREME COURT OF INDIA
While modifying the punishment, Labour Court must give its supporting reasons.
2010 LLR 230
SUPREME COURT OF INDIA
Reinstatement not proper, when the concerned workman has resigned and received all dues.
2010 LLR 252
GUJARAT HIGH COURT
Gratuity of an employee can be forfeited only when he is dismissed from service for misconducts.
2010 LLR 259
UTTARAKHAND HIGH COURT
Code of Discipline in Industry can be made applicable when both employer and employees agree.
2010 LLR 251
BOMBAY HIGH COURT
An auditorium as maintained by the Army will be an ''industry'' under ID Act.
2010 LLR 258
PUNJAB AND HARYANA HIGH COURT
Order of the Industrial Court accepting oral evidence for granting permanency is to be set aside
2010 LLR 243
BOMBAY HIGH COURT
Ex-parte Award passed on presumption that summons were sent by registered post must have been received, can be set aside.
2010 LLR 273
ALLAHABAD HIGH COURT
Reinstatement to a workman, dismissed without approval during pendency of dispute, is justified.
2010 LLR 260
DELHI HIGH COURT
Provident fund contributions can''t be recovered from the principal employer if it is payable by contractor.
2010 LLR 272
KARNATAKA HIGH COURT
Termination of a probationer, even if refers to unsatisfactory service, is not stigmatic.
2010 LLR 225
SUPREME COURT OF INDIA
Court will interfere in the matter of transfer only when it is done by way of victimisation.
2010 LLR 267
MADRAS HIGH COURT
Division Bench will not interfere with rejection to refer for adjudication.
2010 LLR 247
DELHI HIGH COURT
Dismissal of a bus conductor for not issuing tickets, despite receiving fare, has been rightly upheld.
2010 LLR 262
DELHI HIGH COURT
An Award against Aina Exports (P) Ltd can''t be implemented against Aina Fashions (P) Ltd.
2010 LLR 282
DELHI HIGH COURT
A reinstated workman will be entitled to last drawn wages from the date of filing of writ petition.
2010 LLR 280
KERALA HIGH COURT
Reinstatement not proper, when two decades have passed from the date of termination to disposal of dispute.
2010 LLR 287
PUNJAB AND HARYANA HIGH COURT
Imposition of penalty and recovery from gratuity will be violative of the Constitutional guarantees.
2010 LLR 311
BOMBAY HIGH COURT
Fixed-term appointments are excluded from retrenchment.
2010 LLR 247
DELHI HIGH COURT
An establishment will not be covered under ESI Act when it did not employ 20 employees.
2010 LLR 275
KARNATAKA HIGH COURT
Plea of abandonment can''t be accepted in the absence of any enquiry.
2010 LLR 287
PUNJAB AND HARYANA HIGH COURT
Transfer should not have been stayed by an interim order when it was in accordance with Standard Code.
2010 LLR 308
BOMBAY HIGH COURT
Clubbing of two independent establishments not proper when the parties never intended to escape from the liability of PF contributions.
2010 LLR 305
DELHI HIGH COURT
Absence, when habitual, will justify dismissal of an employee.
2010 LLR 234
BOMBAY HIGH COURT
Gratuity to be payable for the intervening period i.e. dismissal and reinstatement.
2010 LLR 255
ANDHRA PRADESH HIGH COURT
Consuming liquor by security guards on duty would justify dismissal.
2010 LLR 245
BOMBAY HIGH COURT
When past conduct of bus conductor is unsatisfactory, reinstatement should not be awarded, when he has been punished for six times for similar type of misconduct.
2010 LLR 230
SUPREME COURT OF INDIA
Dismissal of bus conductor is restored when the enquiry as held is fair and proper.
2010 LLR 238
BOMBAY HIGH COURT
Death of workman due to chest pain on duty will be an accident for compensation.
2010 LLR 257
KARNATAKA HIGH COURT
A habitual absentee is not somebody who is devoted to duty or maintains integrity.
2010 LLR 234
BOMBAY HIGH COURT
Petitioners when unfairly prevented to appear ought to be given a fair chance to defend and present their case.
2010 LLR 242
DELHI HIGH COURT
Total disablement and loss of 100% earning capacity will be presumed for payment of compensation.
2010 LLR 250
SUPREME COURT OF INDIA
Labour Court can adjudicate a dispute of a workman appointed in and transferred from Delhi.
2010 LLR 240
DELHI HIGH COURT
ESI Act has no provision for giving advice to the employer by the inspector.
2010 LLR 271
ALLAHABAD HIGH COURT
When transfer of an employee is by way of victimisation, it is to be set aside.
2010 LLR 267
MADRAS HIGH COURT
It is not imperative that validity of enquiry be decided as preliminary issue.
2010 LLR 265
BOMBAY HIGH COURT
Non production of passengers paying fare as witness will not vitiate the enquiry.
2010 LLR 262
DELHI HIGH COURT
High Court, in its writs jurisdiction, has limited powers to interfere with the Award of the Labour Court.
2010 LLR 262
DELHI HIGH COURT
Activities of a chartered accountant are not a mere business or trade but a profession.
2010 LLR 275
KARNATAKA HIGH COURT
Holding of enquiry is necessary instead of presuming that 43 passengers were found travelling without ticket.
2010 LLR 286
ALLAHABAD HIGH COURT
Death of a workman in his ordinary course cannot make employer liable for compensation.
2010 LLR 316
DELHI HIGH COURT
Section 630 of the Companies Act provides speedy relief to the company where its property is withheld.
2010 LLR 283
JHARKHAND HIGH COURT
No illegality in the Award of Tribunal when the workman-petitioner has hopelessly failed to prove his case
2010 LLR 293
ALLAHABAD HIGH COURT
Appellate authority could either affirm, modify or set aside the order as passed by the disciplinary authority.
2010 LLR 290
ALLAHABAD HIGH COURT
Controlling Authority can lay down its own procedure for determining the gratuity of an employee.
2010 LLR 314
BOMBAY HIGH COURT
All issues can be decided together instead of only the preliminary issue at the first instance by Authority under Gratuity Act.
2010 LLR 314
BOMBAY HIGH COURT
Fixing ESI liability by the immediate employer by deduction from their bills without giving an opportunity to be quashed.
2010 LLR 298
GAUHATI HIGH COURT
Unauthorised temporary erection of hutments by a sweeper will not justify dismissal from service.
2010 LLR 296
CALCUTTA HIGH COURT
For a misconduct pertaining to misappropriation, the amount is immaterial.
2010 LLR 230
SUPREME COURT OF INDIA
Strict rules of Evidence Act are not applicable in enquiries.
2010 LLR 262
DELHI HIGH COURT
Establishment of a chartered accountant will not be treated as a ''shop'' for ESI purposes.
2010 LLR 275
KARNATAKA HIGH COURT
A trade Union, with a very small minority of the Banks workers, will not be entitled to any relief.
2010 LLR 320
DELHI HIGH COURT
Prosecution under section 630 of the Companies Act is summary triable.
2010 LLR 283
JHARKHAND HIGH COURT
No universal formula could be laid down on limitation for reference under the Act.
2010 LLR 287
PUNJAB AND HARYANA HIGH COURT
Giving extension and termination till a regular employee was appointed would not be retrenchment.
2010 LLR 324
PUNJAB AND HARYANA HIGH COURT
EPFO will refund entire amount when employer''s claim for pension was rejected.
2010 LLR 325
KERALA HIGH COURT
If the remedy for redressal is provided in a particular Act, the employee will avail that only.
2010 LLR 325
BOMBAY HIGH COURT
High Court can entertain writ petition when there is violation of principles of natural justice by Employees'' Provident Funds Authorities.
2010 LLR 326
CALCUTTA HIGH COURT
When there is functional integrality between two firms, both will be clubbed together for coverage under Provident Funds Act.
2010 LLR 326
CALCUTTA HIGH COURT
After opting and receiving benefits of VRS, the employee will not have any right to withdraw his option.
2010 LLR 326
BOMBAY HIGH COURT
When there was no relationship of employer and employee, regularisation is erroneous.
2010 LLR 327
JHARKHAND HIGH COURT
A casual worker, engaged @ Rs.10 per day, is not entitled to reinstatement or back wages.
2010 LLR 332
BOMBAY HIGH COURT
