Employee having officers senior to him but supervising work of two juniors would not be a 'workman'.
2024 LLR 1299
SUPREME COURT OF INDIA
Amount misappropriated by the employee cannot be recovered from gratuity.
2024 LLR 1313
MADHYA PRADESH HIGH COURT
Acquittal in criminal case would not nullify punishment awarded in the departmental proceedings.
2024 LLR 1316
PUNJAB & HARYANA HIGH COURT
Workman cannot directly approach the Supreme Court for relief against termination.
2024 LLR 1303
SUPREME COURT OF INDIA
Civil Court can grant reinstatement and back-wages in exceptional cases.
2024 LLR 1329
BOMBAY HIGH COURT
Termination for embezzlement is not disproportionate when employee was implicated in 52 enquiries.
2024 LLR 1325
PUNJAB AND HARYANA HIGH COURT
Management can prohibit the employee from entering its premises during pendency of enquiry.
2024 LLR 1311
CALCUTTA HIGH COURT
Reinstatement when there was no criminal prosecution but workman was found guilty in en-quiry is unjustified.
2024 LLR 1308
GUJARAT HIGH COURT
Revocation of joining of a new employee would be set aside when he was able to furnish his relieving letter.
2024 LLR 1322
DELHI HIGH COURT
Enquiry is mandatory even if services of a casual employee are to be terminated for miscon-duct.
2024 LLR 1311
CALCUTTA HIGH COURT
Personal information of a private employee cannot be disclosed under the RTI Act.
2024 LLR 1304
DELHI HIGH COURT
PF has to be deposited by the employer as per the due date under the EPF Act and not the In-come Tax Act.
2024 LLR 1344
RAJASTHAN HIGH COURT
Bank cannot utilize the amount of the establishment when order for freezing the account was passed.
2024 LLR 1348
MADRAS HIGH COURT
Pre-deposit is not mandatory in appeal before Tribunal against order of damages.
2024 LLR 1346
KARNATAKA HIGH COURT
No damages when delay was not intentional and bonafides of the establishment were clear.
2024 LLR 1337
RAJASTHAN HIGH COURT
Employees are entitled to be paid interest on EPF account upto the date of payment.
2024 LLR 1352
PATNA HIGH COURT
Principal employer is only required to pay EPF dues when the contractor fails.
2024 LLR 1356
PUNJAB AND HARYANA HIGH COURT
Employer has to submit complete financial records and not extracts before EPF Authorities.
2024 LLR 1339
KERALA HIGH COURT
EPF Authorities have to consider contentions of the establishment even in 7Q proceedings.
2024 LLR 1355
KARNATAKA HIGH COURT
EPF Authorities cannot take action when the High Court had granted further time to deposit dues.
2024 LLR 1342
ANDHRA PRADESH HIGH COURT
Sufficient opportunity must be provided by EPFO to the establishment for submitting relevant records.
2024 LLR 1350
TELANGANA HIGH COURT
The provisions qua damages under the EPF Act are not mandatory provisions.
2024 LLR 1356
PUNJAB AND HARYANA HIGH COURT
Plea of exemption cannot be taken before the HC when it was not taken before the EPF Authori-ties.
2024 LLR 1358
MADRAS HIGH COURT
Contractor has to submit details to the principal employer of PF paid to its employees every month.
2024 LLR 1359
MADHYA PRADESH HIGH COURT
Incorrect order of the Tribunal cannot be set aside if the establishment does not challenge the same.
2024 LLR 1336
MADRAS HIGH COURT
Right of the employees to be paid interest on PF dues cannot be denied on the ground of delay.
2024 LLR 1352
PATNA HIGH COURT
That once the criminal complaint has been lodged by the Factory Inspector, the police lose their jurisdiction to investigate the same matter.
2024 LLR WEB 351
BOMBAY HIGH COURT
In absence of proof to show that the employee was allowed to retire irrespective of the pending charges, there would be no entitlement of interest under on gratuity from the expiry of one month from the date of his attaining the age of superannuation.
2024 LLR WEB 352
MADRAS HIGH COURT
A person cannot be prosecuted under the Factories Act and IPC simultaneously.
2024 LLR WEB 353
BOMBAY HIGH COURT
When the principal employer exercised control and supervision over the employees of the contractor and the same persons were working under the principal employer for many years, the principal employer would be liable to pay gratuity to the employees.
2024 LLR WEB 354
BOMBAY HIGH COURT
Regularization of daily wage employees requires fulfillment of twin conditions: employment on sanctioned post and proper initial appointment by competent authority.
2024 LLR WEB 355
KERALA HIGH COURT
Back wages will not be granted if the workman did not prove that he was not gainfully employed.
2024 LLR WEB 356
CALCUTTA HIGH COURT
HC cannot issue direction prohibiting workers from going on strike.
2024 LLR WEB 357
MADRAS HIGH COURT
Violation of retrenchment mandates under Sections 25G and 25H of ID Act entitles workman to reinstatement with continuity and seniority in service.
2024 LLR WEB 358
HIMACHAL PRADESH HIGH COURT
Reinstatement with back wages can be denied when demand notice was served after 6 years.
2024 LLR WEB 359
HIMACHAL PRADESH HIGH COURT
Proceedings under the POSH Act can also be done through video conferencing.
2024 LLR WEB 360
DELHI HIGH COURT
Documents relating to pending criminal cases between the management and employee will not be taken on record belatedly if are not relevant to the industrial dispute.
2024 LLR WEB 361
CALCUTTA HIGH COURT
Factum of payment of wages as well as contribution towards 1948 Act and 1952 Scheme to be considered while establishing employer-employee relationship.
2024 LLR WEB 362
PUNJAB & HARYANA HIGH COURT
No adverse inference against the management for non-production of muster roll, when the workman admitted that he had never summoned the relevant muster roll himself.
2024 LLR WEB 363
RAJASTHAN HIGH COURT
EPFO will have to move its claims for damages and interests before liquidator in case of a cooperative society in Himachal Pradesh.
2024 LLR WEB 364
HIMACHAL PRADESH HIGH COURT
The terms and conditions of offer of appointment and the remuneration received can be used to prove that the workman was working for 240 days.
2024 LLR WEB 365
GUJARAT HIGH COURT
Gratuity cannot be forfeited when employee has superannuated from service.
2024 LLR WEB 366
ORISSA HIGH COURT
No reinstatement when Labour Court came to the conclusion that there was no violation of ID Act.
2024 LLR 1308
GUJARAT HIGH COURT
Misconduct stands proven when the workman does not challenge the enquiry report.
2024 LLR 1316
PUNJAB & HARYANA HIGH COURT
Conciliation Officer cannot keep conciliation proceedings pending for long in the absence of the Union.
2024 LLR 1332
MADRAS HIGH COURT
Compensation in lieu of reinstatement with back-wages is proper when workman was gainfully employed.
2024 LLR 1320
BOMBAY HIGH COURT
Labour Court cannot reduce punishment other than discharge/dismissal under s.11-A of the ID Act
2024 LLR 1316
PUNJAB & HARYANA HIGH COURT
Management's evidence on nature of duties will be considered in absence of employ-ee's evidence.
2024 LLR 1299
SUPREME COURT OF INDIA
Daily wage services will be considered for calculating continuous service for payment of gratuity.
2024 LLR 1333
ALLAHABAD HIGH COURT
Remuneration and allowances paid to part time employees on monthly basis are 'basic wages' under the Act.
2024 LLR 1341
MADRAS HIGH COURT
Order passed under Section 7-A of the EPF Act cannot be challenged after a delay of 10 years.
2024 LLR 1358
MADRAS HIGH COURT
There has to be clarity with respect to the period of default in the orders of the PF Authorities.
2024 LLR 1355
KARNATAKA HIGH COURT
