Ex-parte enquiry will be proper when delinquent failed to participate despite notice.
2011 LLR 673
SUPREME COURT OF INDIA
When transfer of an employee affects his financial entitlement, Courts interference would be called for.
2011 LLR 706
ORISSA HIGH COURT
Clubbing of establishments is proper if there is functional and geographical proximity.
2011 LLR 726
MADRAS HIGH COURT
Canteen subsidy paid is not food concession to attract provident fund contribution.
2011 LLR 717
GUJARAT HIGH COURT
Abandonment will be presumed when employee fails to comply with the transfer.
2011 LLR 708
DELHI HIGH COURT
Mere payment of bonus by the principal employer to the contract workers would not make them former''s employees.
2011 LLR 771
CALCUTTA HIGH COURT
Mere designation of apprentice or trainee will not deprive the status of a ''workman''.
2011 LLR 731
MADRAS HIGH COURT
Staying of enquiry during pendency of the criminal trial is not proper.
2011 LLR 754
DELHI HIGH COURT
A Sub Division Officer is not empowered to act as Commissioner under the amended Employees'' Compensation Act.
2011 LLR 766
HIMACHAL PRADESH HIGH COURT
Conveyance allowance will not attract ESI contribution.
2011 LLR 776
ANDHRA PRADESH HIGH COURT
Last drawn wages will be payable to a workman during pendency of proceedings in higher court even after superannuation.
2011 LLR 762
DELHI HIGH COURT
Workers of non-licensed contractor cannot be thrusted upon principal employer.
2011 LLR 771
CALCUTTA HIGH COURT
For a daily-wager, weekly offs and public holidays will not be counted for 240 days.
2011 LLR 704
GUJARAT HIGH COURT
Consultancy services will be covered under ESI Act as a ''shop''.
2011 LLR 687
DELHI HIGH COURT
Onus to prove Mala fide is on the person who alleges.
2011 LLR 673
SUPREME COURT OF INDIA
In a dispute for regularization, Tribunal can''t direct the principal employer not to terminate services of contract labour.
2011 LLR 682
DELHI HIGH COURT
Compensation will be proper for non-compliance of section 25-F of the I.D. Act.
2011 LLR 697
ALLAHABAD HIGH COURT
Back-wages, instead of reinstatement, will be appropriate when the workman has only three more years to serve.
2011 LLR 701
ALLAHABAD HIGH COURT
An enquiry cannot be held to be unfair on trivial points.
2011 LLR 701
ALLAHABAD HIGH COURT
Transfer will not be interfered by the court unless it is mala fide.
2011 LLR 735
GAUHATI HIGH COURT
Employer can suspend an employee during pendency of disciplinary proceedings.
2011 LLR 708
DELHI HIGH COURT
Regularisation of canteen employees not proper; when it was run by an independent establishment.
2011 LLR 739
DELHI HIGH COURT
A driver, with one eye, cannot drive the heavy vehicle properly.
2011 LLR 748
KERALA HIGH COURT
50% instead of full back-wages appropriate; since no able-bodied person can remain unemployed.
2011 LLR 768
PUNJAB AND HARYANA HIGH COURT
Burden of proof in an enquiry is not as stringent as in criminal trial.
2011 LLR 754
DELHI HIGH COURT
Reinstatement will not be denied merely because a long time has elapsed.
2011 LLR 731
MADRAS HIGH COURT
Daily-wagers would get payment for six days if there is five-days a week in the establishment
2011 LLR 752
BOMBAY HIGH COURT
Reinstatement will be quashed when a temporary employee could be terminated without notice.
2011 LLR 750
BOMBAY HIGH COURT
Government can refer a dispute; but cannot adjudicate it.
2011 LLR 695
MADHYA PRADESH HIGH COURT
Payment of last drawn wages during pendency of proceedings in the higher court is like unrecoverable suspension allowance.
2011 LLR 693
MADHYA PRADESH HIGH COURT
Disciplinary Authority should give supporting reasons for initiating an enquiry.
2011 LLR 673
SUPREME COURT OF INDIA
Back-wages, on reinstatement, will not be proper in the absence of gainful employment.
2011 LLR 731
MADRAS HIGH COURT
Confirmation of punishment, without opportunity to delinquent, is to be set aside
2011 LLR 770
BOMBAY HIGH COURT
Control over contract labour is the determining factor for relationship of employee with principal employer.
2011 LLR 771
CALCUTTA HIGH COURT
If a workman is called upon first to produce evidence, it will render the enquiry illegal.
2011 LLR 780
BOMBAY HIGH COURT
Initial action when not legal, subsequent proceedings will not be sanctified.
2011 LLR 673
SUPREME COURT OF INDIA
Under ESI Act, a shop is given extended meaning.
2011 LLR 687
DELHI HIGH COURT
Reinstatement of a bank employee, who failed to comply with transfer order, is not proper.
2011 LLR 708
DELHI HIGH COURT
It is always for employer to take steps to lead evidence first against delinquent workman in enquiry.
2011 LLR 680
RAJASTHAN HIGH COURT
Reinstatement of contract labour, without finding that the contract was sham, to be set aside.
2011 LLR 771
CALCUTTA HIGH COURT
A dispute pertaining to dismissal of a workman need not be through the Union.
2011 LLR 731
MADRAS HIGH COURT
Transferring an employee, after 21 days of earlier transfer, not justified.
2011 LLR 706
ORISSA HIGH COURT
