Indian labour law strongly disfavors perpetual daily-wage or contractual engagements in circumstances where the work is permanent in nature.
2025 LLR WEB 404
SUPREME COURT OF INDIA
Past behaviour becomes relevant only when the present charge is proven.
2025 LLR WEB 405
MADRAS HIGH COURT
The burden of proving status as a workman is on a person who claims the same.
2025 LLR WEB 406
BOMBAY HIGH COURT
No bar on employer against initiating disciplinary proceedings on the same ground for which advice was earlier rendered.
2025 LLR 237
SUPREME COURT OF INDIA
Full-fledged enquiry is not mandatory when the misconduct is admitted by the employee.
2025 LLR 258
BOMBAY HIGH COURT
The interest component can never exceed the gratuity amount.
2025 LLR 282
CALCUTTA HIGH COURT
The definition of 'sexual harassment' under the PoSH Act gives significance to the act and not the intention.
2025 LLR 297
MADRAS HIGH COURT
No reinstatement when the workman suppressed the true factual position.
2025 LLR 289
BOMBAY HIGH COURT
All dependants have to file a single application for accident compensation and not separately.
2025 LLR 269
HIMACHAL PRADESH HIGH COURT
Labour Court cannot go into the question of 'workman' in its jurisdiction under sec-tion 33C(2) of the ID Act.
2025 LLR 253
PUNJAB AND HARYANA HIGH COURT
Employee cannot challenge enquiry on grounds of natural justice when he did not lead evi-dence.
2025 LLR 237
SUPREME COURT OF INDIA
A proforma, not on the letterhead of the management and without signatures, is not an appoint-ment letter.
2025 LLR 246
DELHI HIGH COURT
An employee working on consolidated pay is eligible for payment of gratuity.
2025 LLR 278
MADRAS HIGH COURT
A person not responsible for the conduct of company cannot be prosecuted for non-payment of bonus.
2025 LLR 266
CALCUTTA HIGH COURT
ICC cannot make the complainant stand a long and grilling cross examination in the name of fair opportunity.
2025 LLR 297
MADRAS HIGH COURT
Workers can only claim wages before Labour Authorities and not by filing Civil Suit.
2025 LLR 294
PUNJAB & HARYANA HIGH COURT
No employer-employee relationship when the name of the workman is not in the attendance register.
2025 LLR 246
DELHI HIGH COURT
No wages would be payable when workers deliberately did not enter the premises on false ground.
2025 LLR 294
PUNJAB & HARYANA HIGH COURT
Enquiry not mandatory when workman voluntarily abandoned services and did not want to join duty.
2025 LLR 289
BOMBAY HIGH COURT
A person performing work which a normal person can't do without precision is a skilled worker.
2025 LLR 244
SUPREME COURT OF INDIA
ESI Court can decide the issue of disability beyond terms of the Scheduled injury as well.
2025 LLR 274
GUJARAT HIGH COURT
Mens rea is a relevant factor as a mitigating circumstance while deciding on the quantum of damages.
2025 LLR 349
MADRAS HIGH COURT
Documents which were not produced before the EPF Authority can be produced before the Tri-bunal.
2025 LLR 329
GUJARAT HIGH COURT
Initiating 7A proceedings on the basis of EO's report, without supplying relevant docu-ments, is illegal.
2025 LLR 322
CHHATTISGARH HIGH COURT
Salary arrears will attract provident fund deduction.
2025 LLR 311
KERALA HIGH COURT
If the amount is deposited with the CGIT, interest will continue to accrue against the employer.
2025 LLR 308
BOMBAY HIGH COURT
Opportunity of hearing before imposing interest is mandatory when belated contribution was due to genuine mistake.
2025 LLR 320
CALCUTTA HIGH COURT
PF authorities cannot initiate new proceedings for the same period in respect of issues already decided.
2025 LLR 324
PUNJAB & HARYANA HIGH COURT
Consultants, appointed on a fixed monthly payment, are employees under the EPF Act.
2025 LLR 347
TELANGANA HIGH COURT
PF authorities have priority of charge over property before the bank.
2025 LLR 313
MADRAS HIGH COURT
EPF authority can take suo motu review of its own orders separately with the review filed by management.
2025 LLR 309
MADRAS HIGH COURT
Employees cannot claim extra amount when their share was distributed at the time of winding up of fund.
2025 LLR 333
CALCUTTA HIGH COURT
High Court cannot interdict into an enquiry pending under section 7B of the EPF Act.
2025 LLR 309
MADRAS HIGH COURT
EO cannot file subsequent report without affording an opportunity of hearing.
2025 LLR 322
CHHATTISGARH HIGH COURT
Property can be brought for sale even in the absence of determination of interest and penal damages.
2025 LLR 313
MADRAS HIGH COURT
Reduction of damages of an establishment declared as a sick unit and whose assets were sold, is proper.
2025 LLR 349
MADRAS HIGH COURT
Employee cannot be denied pension merely because no PF number was allotted to him.
2025 LLR 341
ORISSA HIGH COURT
PF is payable on Conveyance and Special Allowances paid uniformly and generally to all em-ployees.
2025 LLR 311
KERALA HIGH COURT
Company director cannot be held vicariously liable for non-compliance with Industrial Tribunal award unless specific allegations and legal provisions establish personal responsibility.
2025 LLR WEB 394
GUWAHATI HIGH COURT
Any amount due to the workers from the pension fund, provident fund, and the gratuity fund cannot be used for recovery in liquidation.
2025 LLR WEB 395
CALCUTTA HIGH COURT
When employer failed to produce complete record and the muster roll inspite of the directions of labour court, conclusion that the workman had completed continuous service of 240 days during the preceding year is correct.
2025 LLR WEB 396
GUJARAT HIGH COURT
Once inquiry is set aside and fresh evidence is introduced before the Labour Court, the standard of proof shifts from that required in a domestic inquiry to that in judicial proceedings.
2025 LLR WEB 397
MADRAS HIGH COURT
Making a reference presupposes an accepted position by the government that there exists employer- workman relationship which can alone can give rise to an industrial dispute.
2025 LLR WEB 398
GUJARAT HIGH COURT
If E.S.I Court grants an interim order staying the very contribution itself, then, the levy of damages cannot be further proceeded.
2025 LLR WEB 399
MADRAS HIGH COURT
Reduction of retirement age constitutes change in service conditions requiring strict compliance with Section 9A of the ID, and failure to adhere to procedural mandates renders such a change invalid.
2025 LLR WEB 400
CALCUTTA HIGH COURT
Possessing license under the CLRA Act cannot be a qualification criteria for evaluation of bids and is to be looked at after the settlement of the contract.
2025 LLR WEB 401
GAUHATI HIGH COURT
Initial onus is always upon the workmen concerned to prove that they were in the employment of the Management at the relevant time.
2025 LLR WEB 402
CALCUTTA HIGH COURT
The provisions of the Maternity Benefit Act will prevail over contractual conditions denying or offering less favourable maternity benefits.
2025 LLR WEB 403
MADRAS HIGH COURT
Wages should generally be fixed by the Tribunal on the basis of the comparable industries.
2025 LLR WEB 407
MADRAS HIGH COURT
Delay for claiming gratuity should be condoned when the workman was deserving and not well read.
2025 LLR WEB 408
CALCUTTA HIGH COURT
Notice for change in conditions of service is not to be individually sent to each workman.
2025 LLR WEB 409
KARNATAKA HIGH COURT
Award passed without ascertaining whether a person is authorised to represent ex-employees or not is perverse.
2025 LLR WEB 410
JHARKHAND HIGH COURT
Business manager, having the power of recruiting and guiding agents, is not a workman.
2025 LLR WEB 411
MADRAS HIGH COURT
It is not mandatory to go into the detailed merits of the case before issuing summons to the Occupier.
2025 LLR WEB 412
ORISSA HIGH COURT
