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>> IMPORTANT JUDGEMENTS
Workmen must be paid compensation on account of closure of the management due to genuine reasons.
- DELHI HIGH COURT
Labour Court/Industrial Tribunal is not empowered to review or recall its judgments.
- DELHI HIGH COURT
Tribunal can’t ignore financial capacity of employer while adjudicating dispute over wage revision.
- SUPREME COURT OF INDIA
Slapping of superior by the subordinate employee is a grave misconduct justifying termination.
- BOMBAY HIGH COURT
No industrial dispute can be raised against the employer after the employee has received VRS amount.
- KARNATAKA HIGH COURT
Entitlement to promotion is not necessarily an ‘industrial dispute’ under the ID Act.
- ORISSA HIGH COURT
Weekly offs cannot be deducted while calculating the number of days an employee has worked.
- RAJASTHAN HIGH COURT
Belated application does not defeat the employee’s right of claiming gratuity.
- CALCUTTA HIGH COURT
Assistant Labour Commissioner cannot decide complaint filed by the Inspector under Minimum Wages Act.
- MADHYA PRADESH HIGH COURT
Absence of CLRA license would indicate that workers were directly employed by principal employer.
- DELHI HIGH COURT
An appeal can lie against the ICC’s order where the complaint was disposed off as closed.
- DELHI HIGH COURT
Disciplinary authority needs to take into consideration the past conduct of the workman before passing order of penalty.
- KARNATAKA HIGH COURT
No notice is required to be given for transfer of workmen.
2024 LLR WEB 202
GUJARAT HIGH COURT
It is mandatory for the enquiry officer to serve notice of enquiry to the workman.
- CALCUTTA HIGH COURT
Termination after serving retrenchment notice on grounds of grave misconducts but without conducting enquiry is illegal.
- DELHI HIGH COURT
Incentive bonus that was calculated every month but used to be paid after three months would be ‘wages’ under the ESI Act.
- PUNJAB & HARYANA HIGH COURT
If there is absenteeism from services, the workman may be terminated even without conducting any enquiry.
- DELHI HIGH COURT
The dependants of a deceased employee who was insured under the ESI act cannot approach the Compensation Commissioner.
- DELHI HIGH COURT
Tribunal can compare establishment with equally placed industrial units in a dispute of wage revision.
- SUPREME COURT OF INDIA
Dismissal of woman’s complaint by ICC was proper when allegations were made to hide her indiscipline.
- CALCUTTA HIGH COURT
Mere delay in decision of proceedings before CGIT cannot dilute evidence produced by management.
- BOMBAY HIGH COURT
Plea of non-payment of minimum wages cannot be taken in a complaint made only with respect to overtime.
- MADHYA PRADESH HIGH COURT
Employee cannot change date of birth after 10 years even though the original one was incorrect.
- SUPREME COURT OF INDIA
Section 33-C (2) of the ID Act does not provide for awarding interest for delayed payment.
- ALLAHABAD HIGH COURT
Employee cannot withdraw resignation after it is accepted by the appropriate authority.
- SUPREME COURT OF INDIA
Factory owner continues to be the occupier if he sublets his premises for construction to a third party.
- KARNATAKA HIGH COURT
Provisions of EPF&EPS Schemes covering international workers irrespective of salary drawn are unconstitutional.
- KARNATAKA HIGH COURT
Depositing interest in reasonable installments should be permitted in case of financial problems.
- MADRAS HIGH COURT
Order of EPF Authority without considering defence of establishment is unsustainable.
- MADHYA PRADESH HIGH COURT
EPF Authority has to hear plea of non applicability if the establishment is a cooperative society.
- GAUHATI HIGH COURT
EPFO cannot claim extra amount without assigning reasons after surrender of exemption.
- CALCUTTA HIGH COURT
Non-deposit of pre-deposit amount will lead to dismissal of appeal at the stage of admission.
- GUJARAT HIGH COURT
Orders passed by the Central Board u/s 14B of the EPF Act are appealable before the Tribunal.
- MADRAS HIGH COURT
Plea of non applicability of the EPF Act on account of infancy of establishment cannot be taken.
- PUNJAB AND HARYANA HIGH COURT
Pre-deposit is not mandatory for appeal against damages.
- MADRAS HIGH COURT
Limitation Act is not applicable for appeals before EPF Tribunal.
- ALLAHABAD HIGH COURT
Upper limit of rate of damages cannot be mechanically imposed by PF Authorities.
- MADRAS HIGH COURT
It is not necessary for Tribunal to grant complete waiver of deposit for non identification of employees.
- BOMBAY HIGH COURT
Assessment of PF dues was justified when employees’ names were verified with attend-ance registers.
- ANDHRA PRADESH HIGH COURT
Damages to be levied u/s 14B of the EPF Act cannot exceed arrears as specified in the Scheme.
- MADRAS HIGH COURT
EPFO must accept Govt. securities invested in terms of investment pattern upon surrender of exemption.
- CALCUTTA HIGH COURT
Interest on belated remittance of EPF dues is mandatory.
- MADRAS HIGH COURT
HC can grant stay till pendency of appeal on deposit of some of the pre-deposit amount by em-ployer.
- BOMBAY HIGH COURT
There cannot be an unlimited salary threshold for IWs while denying the same to Indian workers.
- KARNATAKA HIGH COURT
For the purpose of payment of bonus to the employees, the definition of “wages” as provided in the Minimum Wages Act, cannot be used.
- DELHI HIGH COURT
Maternity Benefit Act is applicable to private educational institutions in Kerala.
- KERALA HIGH COURT
Workman cannot claim regularisation in government department when there was a break in the service.
- DELHI HIGH COURT
Wards of insured persons are entitled to preferential quota for admission in some ESI medical colleges.
- DELHI HIGH COURT
Contractual employees also fall within the ambit of the definition of “workman” as defined under Section 2(s) of the ID Act.
- DELHI HIGH COURT
Merely dismissing a workman during pendency of industrial dispute does not make the order of removal or dismissal void thereby entitling the reinstatement of the employee.
- KERALA HIGH COURT
Even temporary/contractual employees can form a trade union.
- KARNATAKA HIGH COURT
Reinstatement is not a viable option when the workman was retrenched 16 years ago.
- DELHI HIGH COURT
A driver cannot challenge punishment imposed on him directly before the High Court.
- KARNATAKA HIGH COURT
Transfer made to a place where there was no vacant position and on the false pretext of promoting is mala fide.
- DELHI HIGH COURT
Technical considerations of res judicata does not apply to industrial disputes.
- DELHI HIGH COURT
Court has the discretion to not award back wages along with reinstatement depending on the past conduct of the workman.
- DELHI HIGH COURT
After a common dispute pertaining to multiple workmen has been properly espoused by a union, the Labour Courts can adjudicate the reference collectively for all workmen involved.
- DELHI HIGH COURT
Communication of resignation is not necessary unless mandated by the rules governing the same.
- SUPREME COURT OF INDIA
Expressions ”baby” and ”sweety” are per se not sexually coloured so as to constitute sexual harassment.
- CALCUTTA HIGH COURT
When the ICC report was not in dispute, the finding of the Labour Court that the report was not proved is incorrect.
- KERALA HIGH COURT
Particulars of admitted date of birth cannot be questioned before the High Court.
- GUJARAT HIGH COURT
Limitation under the POSH Act is not to be seriously applied in cases involving continuous molestation and harassment.
- MADRAS HIGH COURT
Working journalists are not workmen under the ID Act or employees under the MRTU and PULP Act.
- BOMBAY HIGH COURT
Tribunal cannot intervene with quantum of punishment under section 33(2)(b) of the ID Act.
- MADRAS HIGH COURT
Joining some other employer on the next day of termination would not disentitle the workman to seek relief.
- PUNJAB AND HARYANA HIGH COURT
An employee cannot be made to work for another employee unilaterally.
- PUNJAB AND HARYANA HIGH COURT