A union leader has no immunity from misconduct since he is also bound to be disciplined.
2008 LLR 619
SUPREME COURT OF INDIA
Workers of contractor are not to be included in Chapter VB of Industrial Disputes Act for calculation of 100 or more workers.
2008 LLR 575
SUPREME COURT OF INDIA
Employees' Provident Funds Scheme comes within the purview of Consumer Protection Act, 1986.
2008 LLR 661
SUPREME COURT OF INDIA
Holding demonstration and staging of dharna etc. are liable to be restrained within 50 metres of the establishment.
2008 LLR 637
DELHI HIGH COURT
Smooth functioning will be adversely affected if a workman, guilty of misconducts, is not punished.
2008 LLR 619
SUPREME COURT OF INDIA
Principles of natural justice have to be complied with in disciplinary proceedings.
2008 LLR 561
SUPREME COURT OF INDIA
Maternity leave can't be denied to an employee merely because consolidated salary was paid to her.
2008 LLR 591
RAJASTHAN HIGH COURT
Dismissal of railway employee for drinking and creating nuisance will not be interfered by the High Court.
2008 LLR 569
DELHI HIGH COURT
A resignation becomes effective only when its acceptance is communicated.
2008 LLR 580
GAUHATI HIGH COURT
Employee receiving wages more than minimum rates, cannot be deprived of claiming overtime.
2008 LLR 585
KERALA HIGH COURT
A daily-wage workman has no right to employment since his employment comes to an end on close of the day.
2008 LLR 600
PATNA HIGH COURT
Non deposit of ESI contributions since Code Number was not allotted will not be justified.
2008 LLR 606
CALCUTTA HIGH COURT
Ex-gratia cannot be claimed as a matter of right as it is not governed by statutory rules.
2008 LLR 649
ALLAHABAD HIGH COURT
Punishment should not be disproportionate to the misconduct.
2008 LLR 561
SUPREME COURT OF INDIA
Non-furnishing of enquiry report before removal of the employee of a public sector will be violative of principles of natural justice.
2008 LLR 655
CALCUTTA HIGH COURT
Misappropriation by the bus conductor will justify his dismissal from service.
2008 LLR 632
MADRAS HIGH COURT
Prosecution of employer under Contract Labour (R&A) Act is to be quashed when complaint is beyond limitation.
2008 LLR 659
JHARKHAND HIGH COURT
When the enquiry is vitiated, the management be permitted to adduce fresh evidence.
2008 LLR 619
SUPREME COURT OF INDIA
Employer-employee relationship under ESI Act arises when a new factory commences the work.
2008 LLR 640
DELHI HIGH COURT
Territorial jurisdiction for challenging termination will be where the enquiry was held.
2008 LLR 655
CALCUTTA HIGH COURT
Habitual absence of an employee indicates his lack of interest in work.
2008 LLR 635
DELHI HIGH COURT
While exercising its powers, Labour Court cannot overturn a Management on Ipse dixit.
2008 LLR 619
SUPREME COURT OF INDIA
Default in making timely payment of gratuity will attract 10% interest.
2008 LLR 568
DELHI HIGH COURT
Dismissal of the bus driver for absence for a few days is to be set aside.
2008 LLR 628
SUPREME COURT OF INDIA
Date of birth as recorded in service record of the Company is to be held correct.
2008 LLR 661
SUPREME COURT OF INDIA
Using abusive language by an employee as Secretary of the Union would not constitute a misconduct.
2008 LLR 576
MADRAS HIGH COURT
Principal employer being ultimately liable to pay ESI contributions has to be heard for default by the contractor.
2008 LLR 562
SUPREME COURT OF INDIA
After withdrawal of resignation as tendered 10 years before, its acceptance will be illegal.
2008 LLR 580
GAUHATI HIGH COURT
Stoppage of increments to a cashier refusing to accept cash during working hours and humiliating Enquiry Officer is not disproportionate.
2008 LLR 648
ALLAHABAD HIGH COURT
Appropriate government for National Textile Corporation would be Central.
2008 LLR 649
ALLAHABAD HIGH COURT
After opting for Voluntary Retirement and receiving the benefits, a person cannot challenge its validity.
2008 LLR 649
ALLAHABAD HIGH COURT
Restraining the employer not to terminate the employee is to be interfered.
2008 LLR 644
BOMBAY HIGH COURT
On declining to reinstate workman, the employer will pay the last drawn wages during pendency of the proceedings in High Court.
2008 LLR 632
MADRAS HIGH COURT
Reinstatement of a workman guilty of assault, quarrel and infighting is rightly quashed.
2008 LLR 619
SUPREME COURT OF INDIA
Bank employee is to be reinstated if charge-sheet pertained to minor omission prior to 3 years.
2008 LLR 576
MADRAS HIGH COURT
An employee can withdraw his resignation before effective acceptance by the employer.
2008 LLR 580
GAUHATI HIGH COURT
Non-payment of retrenchment compensation to a workman who has worked for 240 days will render the termination as illegal.
2008 LLR 615
RAJASTHAN HIGH COURT
Workmen engaged without adoption of the prescribed procedure will not be regularised.
2008 LLR 652
ALLAHABAD HIGH COURT
Enquiry Officer is a quasi judicial body and his findings should not be interfered by the Labour Court only by stating reasons.
2008 LLR 619
SUPREME COURT OF INDIA
Reinstatement with back-wages is to be converted into compensation when the company was closed.
2008 LLR 654
ALLAHABAD HIGH COURT
Dismissal of employee will be justified when habitual absence is proved.
2008 LLR 635
DELHI HIGH COURT
Union leader committing offence at the premises of establishment must be punished.
2008 LLR 619
SUPREME COURT OF INDIA
Tata Sports Club carrying on systematic activities has rightly been held to be an '˜industry'. (SN)
2008 LLR 668
BOMBAY HIGH COURT
Remand Home, established for development of children, will not be an '˜industry'.
2008 LLR 672
ALLAHABAD HIGH COURT
An industrial dispute is not necessarily to be sponsored by a registered union. (SN)
2008 LLR 670
KERALA HIGH COURT
An ex-parte Award is to be set aside to give opportunity to other side to lead evidence. (SN)
2008 LLR 670
KERALA HIGH COURT
Civil not the Labour Court, will be appropriate Forum to challenge the registration of a union.
2008 LLR 670
ALLAHABAD HIGH COURT
Apprentices after receiving the training are to be given preference for employment. (SN)
2008 LLR 670
CALCUTTA HIGH COURT
Presumption of abandonment of service on the absence for a specific period would not be justified. (SN)
2008 LLR 668
ALLAHABAD HIGH COURT
Despite permission for closure of an establishment, the appropriate government is bound to refer the dispute. (SN)
2008 LLR 669
KARNATAKA HIGH COURT
Driver sustaining complex fracture below the knee is to be treated as total disablement. (SN)
2008 LLR 669
ORISSA HIGH COURT
Workman will be paid last drawn wages when employer challenges his reinstatement. (SN)
2008 LLR 667
BOMBAY HIGH COURT
Employer defaulting in timely deposit of ESI contributions will pay damages with interest. (SN)
2008 LLR 672
ALLAHABAD HIGH COURT
Reinstatement is not a rule of thumb even when the termination of workman is illegal.
2008 LLR 596
MADHYA PRADESH HIGH COURT
Back-wages on reinstatement can be recovered under section 33(C)(2) of I.D. Act.
2008 LLR 615
RAJASTHAN HIGH COURT
Compensation Commissioner has rightly awarded compensation to the dependents of deceased, engaged through the contractor.
2008 LLR 664
BOMBAY HIGH COURT
Date of birth as entered in provident fund record is rightly rejected by Consumer Forum.
2008 LLR 661
SUPREME COURT OF INDIA
Labour Court has rightly held that clerical, medical or artisan categories with 5 years' service shall retire at 58. (SN)
2008 LLR 671
GAUHATI HIGH COURT
