Dismissal of workman is rightly set aside when approval was not taken during pendency of dispute.
2008 LLR 147
GUJARAT HIGH COURT
When employer-employee relationship is not proved, dispute is rightly rejected by the Labour Court .
2008 LLR 191
DELHI HIGH COURT
Under Contract Labour (R&A) Act, the authority is free to take interim arrangement pending final decision.
2008 LLR 173
SUPREME COURT OF INDIA
Manipulation of punching cards in attendance by time keeper will justify his dismissal.
2008 LLR 185
KARNATAKA HIGH COURT
Mere stray incidents of drinking and quarrelling will not be ''immoral activities'' to justify punishment.
2008 LLR 159
MADRAS HIGH COURT
Coverage under Provident Funds Act is rightly made by including 12 piece-rated workers.
2008 LLR 126
DELHI HIGH COURT
Regularisation not imperative merely because an employee has completed 240 days of work.
2008 LLR 117
SUPREME COURT OF INDIA
Dismissal of bank employee and confirmed by Appellate Authority would not be interfered.
2008 LLR 209
BOMBAY HIGH COURT
Back wages cannot be denied when there are contradictory findings of Enquiry Officer.
2008 LLR 201
CALCUTTA HIGH COURT
Termination without enquiry even for forged certificate for obtaining job will be set aside.
2008 LLR 197
ORISSA HIGH COURT
When charges against the employee are not established, his termination is to be set aside.
2008 LLR 201
CALCUTTA HIGH COURT
It is unbelievable that a workman could have remained totally unemployed for 8 years
2008 LLR 159
MADRAS HIGH COURT
The post of conductor is of confidence hence any sympathy will be misplaced.
2008 LLR 143
GUJARAT HIGH COURT
Maternity benefit is, in the absence of prior notice, not available to Anganwadi worker.
2008 LLR 130
DELHI HIGH COURT
In the absence of perversity, Labour Court will not interfere with the punishment.
2008 LLR 132
DELHI HIGH COURT
An ex-parte Award will be set aside in the absence of proper service on the Management.
2008 LLR 136
DELHI HIGH COURT
Provident Funds Act does not distinguish between regular employee or casual or those engaged through the contractor.
2008 LLR 126
DELHI HIGH COURT
Non-mentioning of the proposed punishment in show cause notice with enquiry report will not be fatal to enquiry.
2008 LLR 139
GUJARAT HIGH COURT
Growing flowers with advanced technology will attract Provident Funds coverage.
2008 LLR 153
KARNATAKA HIGH COURT
Dismissal is appropriate for an employee found guilty of misappropriation of funds.
2008 LLR 121
SUPREME COURT OF INDIA
Law Department of Government is not an ''industry'' under Industrial Disputes Act.
2008 LLR 170
SUPREME COURT OF INDIA
Service charges distributed among hotel employees not to be ''wages'' for ESI''s contributions.
2008 LLR 119
SUPREME COURT OF INDIA
In the matter of discipline, the Labour Court should exercise its powers carefully.
2008 LLR 113
SUPREME COURT OF INDIA
Non-payment of retrenchment compensation to workman, who worked for 240 days, will be illegal.
2008 LLR 117
SUPREME COURT OF INDIA
Each case depends upon its own facts and should not be relied in subsequent cases.
2008 LLR 170
SUPREME COURT OF INDIA
Reinstatement of a workman not justified even when he has worked for 240 days.
2008 LLR 169
SUPREME COURT OF INDIA
High Court not to interfere with a dispute as referred for adjudication.
2008 LLR 206
GUJARAT HIGH COURT
Courts will not interfere in punishment unless it shocks to the judicial conscience or is shockingly disproportionate.
2008 LLR 209
BOMBAY HIGH COURT
Labour Court should not interfere with dismissal of workman guilty of chronic absenteeism.
2008 LLR 138
BOMBAY HIGH COURT
Prosecution under Minimum Wages Act is to be quashed when complaint does not spell out the accused and offence .
2008 LLR 125
DELHI HIGH COURT
The courts should interfere only when the punishment is shocking to the conscience.
2008 LLR 178
GAUHATI HIGH COURT
Serving meals by a hotel employee without KOT will justify his dismissal.
2008 LLR 183
MADRAS HIGH COURT
In the absence of employer-employee relationship, no gratuity will be payable.
2008 LLR 154
KERALA HIGH COURT
Modification of dismissal by the Labour Court for misappropriation was not justified.
2008 LLR 143
GUJARAT HIGH COURT
Labour Court has rightly declined to interfere with dismissal of the workman for theft.
2008 LLR 132
DELHI HIGH COURT
After full-fledged inquiry, preliminary enquiry loses its importance.
2008 LLR 139
GUJARAT HIGH COURT
Dismissal of bank officer for misusing official position for personal gain will not be disproportionate.
2008 LLR 139
GUJARAT HIGH COURT
An employer can make deduction of provident fund dues from contractor.
2008 LLR 157
MADHYA PRADESH HIGH COURT
Retrenchment compensation and one month''s notice or pay thereto on termination are mandatory.
2008 LLR 190
DELHI HIGH COURT
Dismissal of a bank officer without calling explanation for transferring money of account holder to his OD Account will be set aside.
2008 LLR 165
MADRAS HIGH COURT
Merely that the employee intended to commit suicide will not justify his dismissal.
2008 LLR 164
ALLAHABAD HIGH COURT
Payment of Wages Act is not applicable to a Travel Agency if covered under Bihar Shops & Establishments Act.
2008 LLR 162
PATNA HIGH COURT
An explanation by bus conductor for not issuing tickets despite receiving fare because he was not well is rightly rejected.
2008 LLR 123
DELHI HIGH COURT
Courts should not reduce punishment by showing misplaced sympathy to a workman.
2008 LLR 121
SUPREME COURT OF INDIA
Dismissal from service of a workman for habitual absence should not be set aside .
2008 LLR 113
SUPREME COURT OF INDIA
A workman guilty of theft, dishonesty and criminal trespass has been rightly dismissed.
2008 LLR 178
GAUHATI HIGH COURT
A bus conductor loses confidence on misappropriating funds of the Transport Corporation.
2008 LLR 121
SUPREME COURT OF INDIA
When the right of a party is adversely affected by the action of another, it needs to be adjudicated.
2008 LLR 206
GUJARAT HIGH COURT
Reinstatement of the workman will be appropriate when enquiry not held properly.
2008 LLR 193
ALLAHABAD HIGH COURT
It is for the employee and not the employer to prove the fairness of enquiry.
2008 LLR 193
ALLAHABAD HIGH COURT
A point wrongly decided, cannot be reviewed by Labour Court except when a point has not at all been decided.
2008 LLR 188
ALLAHABAD HIGH COURT
50% instead of full back wages on reinstatement will be proper when there is delay in raising dispute.
2008 LLR 193
ALLAHABAD HIGH COURT
When employee has applied for medical leave, it cannot be construed habitual absence.
2008 LLR 159
MADRAS HIGH COURT
A workman, either temporary or casual after working for 240 days, becomes entitled to job security.
2008 LLR 190
DELHI HIGH COURT
Approval for dismissal of bus conductor, not issuing tickets despite collecting the fare, is rightly granted.
2008 LLR 123
DELHI HIGH COURT
Courts should not normally interfere with quantum of punishment imposed by employer.
2008 LLR 138
BOMBAY HIGH COURT
High Court has very limited jurisdiction to interfere with the award of Labour Court.
2008 LLR 143
GUJARAT HIGH COURT
For challenging recovery of provident funds dues, jurisdiction of civil courts is barred.
2008 LLR 150
GAUHATI HIGH COURT
Non-supply of the report of the preliminary inquiry will not vitiate the inquiry.
2008 LLR 139
GUJARAT HIGH COURT
Compensation would be appropriate when termination of a messenger is held illegal. (SN)
2008 LLR 216
DELHI HIGH COURT
An aggrieved employee can challenge the punishment under Payment of Wages Act. (SN)
2008 LLR 218
PUNJAB AND HARYANA HIGH COURT
When the grievance of union pertained that the employer was engaging trainees, no cognizance can be taken by the Inspector under Factories Act. (SN)
2008 LLR 216
MADRAS HIGH COURT
For eligibility of gratuity to a working journalist, minimum period will be three years. (SN)
2008 LLR 215
GAUHATI HIGH COURT
Non-payment of retrenchment compensation will render the termination as illegal. (SN)
2008 LLR 213
HIMACHAL PRADESH HIGH COURT
Recovery proceedings for provident fund not to be stayed because of pendency before SICA but the criminal trial under breach of trust will remain stayed. (SN)
2008 LLR 214
CALCUTTA HIGH COURT
An employer, not ESIC, will be liable for compensation when contribution has not been deposited. (SN)
2008 LLR 217
RAJASTHAN HIGH COURT
Interim relief will not be wages for the purposes of computation of gratuity. (SN)
2008 LLR 215
GAUHATI HIGH COURT
High Court is not to interfere in deduction from employee's wages for unauthorised absence. (SN)
2008 LLR 214
ALLAHABAD HIGH COURT
Rejection to refer a dispute is not proper for the Govt. (SN)
2008 LLR 218
BOMBAY HIGH COURT
A plea not taken before the Labour Court cannot be taken before the High Court. (SN)
2008 LLR 213
HIMACHAL PRADESH HIGH COURT
An Award becomes enforceable after the expiry of 30 days of its publication and the Labour Court becomes functus officio. (SN)
2008 LLR 215
MADRAS HIGH COURT
Absence for 240 days by a workman will justify his dismissal. (SN)
2008 LLR 219
CALCUTTA HIGH COURT
Maintainability of the reference of dispute to be decided as a preliminary issue. (SN)
2008 LLR 222
KERALA HIGH COURT
An ex-parte Award will not be set aside when application not moved within 30 days of the publication. (SN)
2008 LLR 215
MADRAS HIGH COURT
Levy of ESI contributions without affording opportunity for personal hearing to the employer is liable to be quashed. (SN)
2008 LLR 219
MADRAS HIGH COURT
