Termination in exercise of contractual right is not per se dismissal or removal.
2024 LLR 1066
SUPREME COURT OF INDIA
Provisions of Maternity Benefit Act would be attracted even if the woman was on probation.
2024 LLR 1113
HIMACHAL PRADESH HIGH COURT
Workman cannot challenge termination before the Civil Court and the Labour Court parallelly
2024 LLR 1107
GUJARAT HIGH COURT
Tribunal cannot reduce punishment merely on the basis of the family background of the delinquent.
2024 LLR 1119
MADRAS HIGH COURT
Principal employer cannot be held liable for payment of wages without first fastening liability upon the contractor.
2024 LLR 1087
JAMMU & KASHMIR AND LADAKH HIGH COURT
No violation of natural justice when both sides were allowed to engage lawyers in the enquiry.
2024 LLR 1078
KERALA HIGH COURT
Application under section 33C(2) of the ID Act can be made for claiming bonus.
2024 LLR 1073
DELHI HIGH COURT
Territorial jurisdiction will be at the last working place even if termination was served in some other place
2024 LLR 1096
ALLAHABAD HIGH COURT
A works contract for construction of road is not a contract for supply of labour under the CLRA Act.
2024 LLR 1087
JAMMU & KASHMIR AND LADAKH HIGH COURT
Police can take action against the striking workers in case functioning of the factory is hampered.
2024 LLR 1100
MADRAS HIGH COURT
Scope of reference cannot be sought to be amended by the workers.
2024 LLR 1081
GUJARAT HIGH COURT
Order passed by the ESI authorities without serving any notice to the establishment would be set aside.
2024 LLR 1116
ORISSA HIGH COURT
The party who accepts payment under full and final settlement is not entitled to challenge it.
2024 LLR 1102
KARNATAKA HIGH COURT
Employer cannot be made liable for breach of settlement in the absence of any such settlement.
2024 LLR 1063
SUPREME COURT OF INDIA
Dismissal to be set aside when disciplinary authority didn''t give disagreement notice with the enquiry officer.
2024 LLR 1110
RAJASTHAN HIGH COURT
Workman cannot be reinstated in an establishment which has been closed for 22 years.
2024 LLR 1090
MADRAS HIGH COURT
Court can go behind the termination order to determine if it is stigmatic.
2024 LLR 1066
SUPREME COURT OF INDIA
Compensation paid by employer on direction of the Court cannot be refunded even if award is set aside.
2024 LLR 1102
KARNATAKA HIGH COURT
EPF Authority is bound to consider the contention that gross salary of employees is above ceiling limit.
2024 LLR 1156
KARNATAKA HIGH COURT
EPF will be liable to be remitted on holiday wages made to the employees.
2024 LLR 1144
KERALA HIGH COURT
Appeal cannot be entertained unless the amount determined under section 7-Q is deposited.
2024 LLR 1142
BOMBAY HIGH COURT
EPF Authorities can recover entire amount if the employer fails to pay any one installment.
2024 LLR 1159
MADRAS HIGH COURT
EO's report will be accepted when the employer did not discredit it even after sufficient opportunity.
2024 LLR 1144
KERALA HIGH COURT
Reducing damages imposed on a non-profit trust, when entire amount had already been paid, is proper.
2024 LLR 1165
KARNATAKA HIGH COURT
High Court can restore appeal before the Tribunal when it was dismissed in default.
2024 LLR 1154
TELANGANA HIGH COURT
EPF Authorities to not initiate coercive action when appeal is pending before the vacant CGIT.
2024 LLR 1158
KERALA HIGH COURT
Interest will have to be paid when employer fails to send claim application of the leaving employee.
2024 LLR 1151
ALLAHABAD HIGH COURT
Compensation in lieu of reinstatement would be proper when 25 years have passed since the termination.
2024 LLR WEB 312
GUJARAT HIGH COURT
If an administrative decision is taken to transfer an employee this being within the administrative powers of the establishment it cannot be termed as unsustainable or illegal.
2024 LLR WEB 313
CHHATTISGARH HIGH COURT
Sweepers, working in State Government departments, are entitled to minimum wages.
2024 LLR WEB 314
JAMMU & KASHMIR AND LADAKH HIGH COURT
Order passed following court directions does not fall under limitation period provided under the second proviso to Section 45A of ESI Act.
2024 LLR WEB 315
MADRAS HIGH COURT
ESI Authorities have to calculate damages after 21 days from the date of the demand letter/notice.
2024 LLR WEB 316
PATNA HIGH COURT
Mere violation of CLRA Act by contractor does not create employer-employee relationship between contract workers and principal employer.
2024 LLR WEB 319
GAUHATI HIGH COURT
Workman who fails to prove continuous service of 240 days and does not return to work despite multiple opportunities is not entitled to reinstatement.
2024 LLR WEB 320
GUJARAT HIGH COURT
Where the employees get more than the minimum wages, they would not be entitled to the overtime on the rate of wages fixed under the Minimum Wages Act.
2024 LLR WEB 321
GUJARAT HIGH COURT
Statutory obligations/rights under law cannot be contracted out by the employer and the employee.
2024 LLR WEB 324
GUJARAT HIGH COURT
Enquiry which was initiated after retirement and kept pending for 9 years will be vitiated.
2024 LLR WEB 325
BOMBAY HIGH COURT
Recovery order cannot be quashed if underlying assessment order is under sec 45A of the ESI Act is valid.
2024 LLR WEB 326
CHHATTISGARH HIGH COURT
In cases where illegal retrenchment of daily wager worker is not established, Court may still grant compensation based on long service.
2024 LLR WEB 327
KARNATAKA HIGH COURT
Undertaking providing Security Services is an 'industry' under the ID Act.
2024 LLR WEB 328
BOMBAY HIGH COURT
High Court cannot set aside termination of manpower contract even if it leads to loss of livelihood for workers.
2024 LLR WEB 329
DELHI HIGH COURT
The Labour Court need not suo moto call upon the employer to adduce evidence to substantiate the charges if the employer decides not to.
2024 LLR WEB 330
BOMBAY HIGH COURT
Secret ballot system is the most conducive method for recognition of trade unions.
2024 LLR WEB 331
MADRAS HIGH COURT
Industrial Court lacks jurisdiction to decide unfair labour practice complaints involving disputed employer-employee relationships without prior determination.
2024 LLR WEB 332
BOMBAY HIGH COURT
High Court can permit filing of appeal after maximum limitation when summons were not served.
2024 LLR 1142
BOMBAY HIGH COURT
Attendance allowance and performance allowance are excluded from ''basic wages'' under the EPF Act
2024 LLR 1156
KARNATAKA HIGH COURT
Mere common ownership when salaries were paid separately wouldn''t lead to clubbing of establishments.
2024 LLR 1124
DELHI HIGH COURT
Order passed under 7Q of the EPF Act, without providing personal hearing, is illegal.
2024 LLR 1163
Telangana HIGH COURT
EPF authority cannot attach personal bank account of the Director for recovery of EPF dues.
2024 LLR 1143
MADRAS HIGH COURT
Show cause notice issued by EPF Authorities without jurisdiction will be quashed.
2024 LLR 1166
CHHATTISGARH HIGH COURT
Employer is not liable to pay EPF dues to workers of the contractor when they have not been identified.
2024 LLR 1169
TELANGANA HIGH COURT
Condition of depositing some amount for staying orders under sections 14B and 7Q is valid if made to protect the interest of employees.
2024 LLR 1160
ALLAHABAD HIGH COURT
Assessment would be set aside in the absence of finding about joint declaration for coverage.
2024 LLR 1156
KARNATAKA HIGH COURT
The workmen who had completed 480 days of continuous service in a period of 24 calendar months would become automatically permanent employee in Tamil Nadu.
2024 LLR WEB 317
MADRAS HIGH COURT
When there was no termination on the date of the complaint of unfair labour practice, it could not be said that the Company has violated the provisions of ID Act.
2024 LLR WEB 318
GUJARAT HIGH COURT
The Minimum Wages Act, 1948 does not deal with the concept of "fair wages" or "living wages".
2024 LLR WEB 322
GUJARAT HIGH COURT
In the absence of any unfair labour practice the Labour Court cannot give direction for regularisation only because a worker has continued as temporary worker for number of years.
2024 LLR WEB 323
BOMBAY HIGH COURT
