Non submission of Form P would render retrenchment illegal. Termination of school employee without DoE’s approval is illegal.
2016 LLR 561 SUPREME COURT OF INDIA
Back-wages not proper in non-functional industry.
2016 LLR 572 SUPREME COURT OF INDIA
Dismissal of a bank employee for misappropriation is justified.
2016 LLR 574 GAUHATI HIGH COURT
Deposit of ESI contribution of contractor’s employees by principal employer would not make them latter’s employees. and Who employs, pays salary and exercises control will determine employee-employer relationship. and Non-compliance of CLRA Act would not make contractor’s employee to that of principal employer. and ESI card bearing address of principal employer would not make the contractor’s employee to be that of former’s.
2016 LLR 580 HIMACHAL PRADESH HIGH COURT
Unauthorised absence for 114 days would justify dismissal from service.
2016 LLR 588 PUNJAB AND HARYANA HIGH COURT
Ex-parte Award to be set aside for unintentional non-appearance.
2016 LLR 590 PUNJAB AND HARYANA HIGH COURT
Reinstatement not automatic even when termination is illegal. and Compensation in lieu of reinstatement appropriate to a casual employee if termination is illegal.
2016 LLR 591 PUNJAB AND HARYANA HIGH COURT
Absence is not unauthorised when leave is without pay.
2016 LLR 593 DELHI HIGH COURT
Performance of duties of higher ranks would justify claim for 'equal pay for equal work'.
2016 LLR 597 DELHI HIGH COURT
Denial of employer-employee relationship is not only to be pleaded but proved also.
2016 LLR 599 BOMBAY HIGH COURT
Unexplained delay in claim filing would justify dismissal of dispute.
2016 LLR 603 BOMBAY HIGH COURT
Clean and long service alone will mitigate punishment.
2016 LLR 604 BOMBAY HIGH COURT
Termination justified when false medical bills got reimbursed. and Acceptance of fresh appointment can't be challenged later.
2016 LLR 607 BOMBAY HIGH COURT
Deduction of wages for causing loss sans opportunity for hearing not legal.
2016 LLR 613 PUNJAB AND HARYANA HIGH COURT
Summons sent by registered post and not received back not sufficient to proceed ex-parte.
2016 LLR 614 PUNJAB AND HARYANA HIGH COURT
High Court to interfere only on violation of law and not facts. and Pensionary benefit only on attaining the age of 50 years.
2016 LLR 615 PUNJAB AND HARYANA HIGH COURT
Manager (HR) - Legal is not a ‘workman’. and An employee, not being workman cannot invoke I D Act.
2016 LLR 617 GUJARAT HIGH COURT
Unless for non-payment of additional premium to cover liability of labourers, Insurer not liable for compensation.
2016 LLR 619 GUJARAT HIGH COURT
Director not to be counted with employees to cover an establishment under Provident Fund Act.
2016 LLR 621 GUJARAT HIGH COURT
Natural justice not vitiated when Labour Court provided opportunity to examine disciplinary authority. and Enquiry not to be vitiated when delinquent was provided opportunity for cross-examination.
2016 LLR 632 GUJARAT HIGH COURT
Transferee and transferor both are liable to pay damages for delayed payment of EPF contribution.
2016 LLR 635 KERALA HIGH COURT
High Court not to interfere when appropriate remedy is provided.
2016 LLR 637 JHARKHAND HIGH COURT
Consuming liquor on duty is a serious misconduct.
2016 LLR 641 HYDERABAD HIGH COURT
Only honourable acquittal will impact departmental proceedings.
2016 LLR 645 CALCUTTA HIGH COURT
Absence, when habitual justifies dismissal from service. and No sympathy of court for a habitual absentee.
2016 LLR 649 KARNATAKA HIGH COURT
Transfer from one post to another is incident of service. and Courts to interfere only when transfer of employee is malafide.
2016 LLR 654 DELHI HIGH COURT
Enquiry to be stayed during criminal trial if prejudice is caused.
2016 LLR 656 DELHI HIGH COURT
Honorarium not to be treated as ‘wages’ for ESI coverage.
2016 LLR 659 BOMBAY HIGH COURT
Compliance of section 33 of ID Act is imperative on termination of workman during pendency of proceedings.
2016 LLR 664 GUJARAT HIGH COURT
Offer of retrenchment compensation after termination would not be legal.
2016 LLR 666 GUJARAT HIGH COURT
Reinstatement with back-wages is appropriate when abandonment is not proved. and Termination to be invalid for non-payment of retrenchment compensation. and For grant of back-wages, various factors like tenure of service, delay in raising dispute, etc. would be relevant.
2016 LLR 669 PUNJAB AND HARYANA HIGH COURT
Non-providing of overtime slips and leave books would justify penalty/prosecution.
2016 LLR 673 SUPREME COURT OF INDIA
Compensation received to be returned first if VRS is challenged. and Offence of contravention would not be absolved by removing deficiency.