Threatening female Enquiry Officer is a serious misconduct justifying dismissal.
2024 LLR 374
Delhi High Court
Setting aside of ex-parte award is proper when there were sufficient reasons for manage-ment's absence.
2024 LLR 355
SUPREME COURT OF INDIA
Conviction not necessary to be denied the status of protected workman.
2024 LLR 395
Karnataka High Court
Payment of gratuity cannot be directed with reference to CLRA Act.
2024 LLR 400
Calcutta High Court
No employee can claim leave of absence as a matter of right.
2024 LLR 405
Karnataka High Court
Findings of disciplinary enquiry can be challenged even after taking voluntary retirement.
2024 LLR 393
Bombay High Court
Industrial Tribunal cannot deal with the matter of delay in payment of salary or increments.
2024 LLR 403
Madhya Pradesh High Court
No Exemption under the Cess Act by taking shelter of applicability of Factories Act.
2024 LLR 362
HIMACHAL PRADESH HIGH COURT
Even hearsay evidence can be considered in a domestic enquiry.
2024 LLR 406
Bombay High Court
Project engineer is not a 'workman' under Industrial Disputes Act.
2024 LLR 367
KARNATAKA HIGH COURT
ESI Authorities cannot initiate recovery without supplying the order determining the amount.
2024 LLR 371
MADHYA PRADESH HIGH COURT
Employer's visiting card is not a sufficient evidence to prove ' 'employer-employee' ' relationship.
2024 LLR 388
Delhi High Court
Trainees, not employed as apprentices or under standing orders, are employees under EPF Act.
2024 LLR 420
KARNATAKA HIGH COURT
Damages must be reduced for the society which was running under the loss of Rs.97 lakh.
2024 LLR 437
MADRAS HIGH COURT
Order passed under sec. 14B and 7Q would be composite in the absence of separate notice or summons.
2024 LLR 457
ANDHRA PRADESH HIGH COURT
Recovery proceedings can be initiated only against the Managing Director as he is the employ-er.
2024 LLR 425
MADRAS HIGH COURT
Tribunal can enlarge period of limitation under Rule 21 of EPFAT Rules on HC's direc-tion.
2024 LLR 433
CALCUTTA HIGH COURT
Where the default was owing to delay of above 1000 days, fixing the damages at 25% is proper.
2024 LLR 437
MADRAS HIGH COURT
Writ Court cannot interfere with show cause notice issued by EPF Authorities.
2024 LLR 448
DELHI HIGH COURT
Initial burden is on union to prove that the employees had been engaged from the claimed dates.
2024 LLR 430
KERALA HIGH COURT
Enquiry conducted by EPF Authority is deemed to be a judicial proceeding.
2024 LLR 448
DELHI HIGH COURT
Investing amounts in other entities managed by family members is no proof of unity of owner-ship.
2024 LLR 416
MADRAS HIGH COURT
EPF Authority is not precluded from initiating new proceedings for previously determined peri-od.
2024 LLR 453
GAUHATI HIGH COURT
Payment of PF dues in arrears can be allowed even in absence of such provision in EPF Act.
2024 LLR 463
KARNATAKA HIGH COURT
Test of proof of charge in a domestic enquiry is preponderance of probabilities.
2024 LLR WEB 135
BOMBAY HIGH COURT
It is outside the scope of the industrial adjudicator to issue a mandatory direction to replace temporary posts with permanent posts.
2024 LLR WEB 136
BOMBAY HIGH COURT
In respect of every 'undertaking' of same company, there can be as many recognised unions corresponding to the number of undertakings of such company.
2024 LLR WEB 137
BOMBAY HIGH COURT
Reference made by the appropriate Government cannot be vitiated on hyper technical grounds.
2024 LLR WEB 138
ALLAHABAD HIGH COURT
There would be no employer-employee relationship between the principal employer and contractual workers when the contractor controlled aspects like leave and holidays.
2024 LLR WEB 139
BOMBAY HIGH COURT
Relief of compensation instead of reinstatement would be proper when the employee had sought employment elsewhere.
2024 LLR WEB 140
ORISSA HIGH COURT
Minimum wages cannot be the only factor for determining accident compensation.
2024 LLR WEB 142
PUNJAB AND HARYANA HIGH COURT
The employer is bound to maintain records specifying the work performed and receipts given to the persons employed by him.
2024 LLR WEB 144
HIMACHAL PRADESH HIGH COURT
Mere procedural defect in complying with provisions of section 25F would not lead to reinstatement.
2024 LLR WEB 146
CHHATTISGARH HIGH COURT
Appropriate Government must form an opinion as to the factual existence of an industrial dispute before making the reference.
2024 LLR WEB 147
KARNATAKA HIGH COURT
Proceedings under Section 33(2)(b) of the ID Act, are not to be decided by the Court like a complete reference before it.
2024 LLR WEB 148
PUNJAB AND HARYANA HIGH COURT
Appropriate Government should refer the dispute when it was claimed that the settlement had been terminated.
2024 LLR WEB 149
MADRAS HIGH COURT
Complaint against factory manager will be unsustainable where reply given after show cause notice was not considered.
2024 LLR WEB 150
MADRAS HIGH COURT
Employer can dismiss the employee even after his attaining the age of superannuation when the disciplinary proceeding was initiated against him while he was in service.
2024 LLR WEB 151
ORISSA HIGH COURT
Burden of proving terminated employee's gainful employment lies on the management.
2024 LLR WEB 152
PUNJAB AND HARYANA HIGH COURT
The Act is applicable both on working journalists and non-journalist newspaper employees.
2024 LLR WEB 153
ALLAHABAD HIGH COURT
Order issued for terminating the services of an employee should be specific in nature.
2024 LLR WEB 154
BOMBAY HIGH COURT
Interest on belated deposit of PF dues cannot be waived off.
2024 LLR WEB 155
MEGHALAYA HIGH COURT
Termination of services without providing opportunity to show cause or holding disciplinary enquiry is unjustified.
2024 LLR WEB 156
SUPREME COURT OF INDIA
Compensation in lieu of reinstatement and back wages is proper when no domestic enquiry was conducted but the employee admitted the misconduct.
2024 LLR WEB 157
BOMBAY HIGH COURT
Labour Court does not become functus officio on the publication of the Award.
2024 LLR WEB 158
MADRAS HIGH COURT
Waiver of 50% of damages levied under ESI Act is justified when the establishment was suffering from financial stringency.
2024 LLR WEB 159
MADRAS HIGH COURT
Retrenchment cannot ordinarily amount to alteration in the conditions of service.
2024 LLR WEB 160
MADRAS HIGH COURT
Appeal against ICC's report cannot be made directly to the High Court.
2024 LLR WEB 161
BOMBAY HIGH COURT
For reinstatement, the period not spent on duty must be construed for the purposes of back wages only and not for the purposes of seniority, promotion etc.
2024 LLR WEB 162
DELHI HIGH COURT
Lawyers engaged for a specific period are not entitled to maternity benefits.
2024 LLR WEB 163
DELHI HIGH COURT
Factory owner doesn't cease to be an occupier if he sublets his premises for construction purposes to a third party.
2024 LLR WEB 164
KARNATAKA HIGH COURT
A flat owner's association is not an "industry" under the ID Act.
2024 LLR WEB 165
DELHI HIGH COURT
A person can continue to remain a member of a trade union after retirement if resolution is passed to such effect.
2024 LLR WEB 166
BOMBAY HIGH COURT
Initial onus to prove relationship of employee and employer is always on the workmen.
2024 LLR WEB 167
DELHI HIGH COURT
Trade Union cannot refuse to furnish details sought by employer.
2024 LLR 395
Karnataka High Court
Minimum wages cannot be claimed under section 33(C)(2) of the ID Act.
2024 LLR 384
Madras High Court
Employer is not required to submit alternative restructuring plan for closure of business.
2024 LLR 379
Calcutta High Court
Matter to be remitted to Labour Court when document was placed for first time before Higher Court.
2024 LLR 355
SUPREME COURT OF INDIA
FIR is not a substantial piece of evidence in Employees' Compensation proceedings.
2024 LLR 388
Delhi High Court
It is not necessary for the employer to prove commission of any misconduct in the past.
2024 LLR 406
Bombay High Court
Predetermination of damages/interest and conducting of hearing as mere formality is illegal.
2024 LLR 457
ANDHRA PRADESH HIGH COURT
It would be open for establishments to approach HC for urgent orders in absence of Presiding Officer.
2024 LLR 442
BOMBAY HIGH COURT
Mere remittance of EPF dues does not create any ' 'employer-employee' ' relationship.
2024 LLR 465
PUNJAB & Haryana HIGH COURT
Exemption under EPF Act is not available when employer's rules are not more beneficial than the Act.
2024 LLR 453
GAUHATI HIGH COURT
Damages can be reduced or waived off by reasoned order.
2024 LLR 437
MADRAS HIGH COURT
Provisions of section 14B and 7Q of the EPF Act are inevitable provisions.
2024 LLR 422
KERALA HIGH COURT
Deliveryman is not a 'workman' under the ID Act.
2024 LLR WEB 141
DELHI HIGH COURT
It is mandatory for the employer to file representation before the Authority if an employee's gratuity is being withheld due to disciplinary enquiry.
2024 LLR WEB 143
CHHATTISGARH HIGH COURT
The workman can only call upon the employer to produce before the Court the nominal muster roll for the given period, the letter of appointment etc.
2024 LLR WEB 145
JAMMU & KASHMIR AND LADAKH HIGH COURT
