Labour Commissioner has erred in allowing equal wages to contractor''s workers as those of regular workers.
2010 LLR 453
SUPREME COURT OF INDIA
Dismissal is liable to be set aside when the enquiry is violative of principles of natural justice.
2010 LLR 494
SUPREME COURT OF INDIA
For claiming compensation of deceased employee, the claimant has to establish the nexus between accident and the death.
2010 LLR 449
SUPREME COURT OF INDIA
Transfer of office-bearers of the Officers'' Association due to exigencies of service is prerogative of the employer.
2010 LLR 553
MADHYA PRADESH HIGH COURT
Prosecution against Chairman of Jet Airlines ( India ) Pvt. Ltd. without stating charge is to be quashed.
2010 LLR 522
KARNATAKA HIGH COURT
Recovering provident fund dues from Managing Director without ascertaining whether he is an employer or not, is liable to be set aside.
2010 LLR 552
CALCUTTA HIGH COURT
Prosecution of R.N. Tata as an occupier of the factory is liable to be quashed when he was not associated with factory.
2010 LLR 527
MADHYA PRADESH HIGH COURT
Prosecution of other than occupier of a factory for death of a worker, engaged through a contractor, is to be set aside.
2010 LLR 504
JHARKHAND HIGH COURT
Government cannot decide as to whether a contract between the Principal Employer and the Contractor is a sham or genuine.
2010 LLR 478
MADRAS HIGH COURT
A single charge of dishonesty on the part of a worker is so severe to dispense with his service.
2010 LLR 492
MADRAS HIGH COURT
Reinstatement of workman is appropriate whose signature on final payment were forged.
2010 LLR 533
DELHI HIGH COURT
Reinstatement would be appropriate when LIC has failed to prove charges against the workman.
2010 LLR 494
SUPREME COURT OF INDIA
Reinstatement of a workman rightly granted when the employer failed to plead that the post was not sanctioned.
2010 LLR 450
SUPREME COURT OF INDIA
In absence of any provision under the Trade Union Act, an employer is not under obligation to recognise a union.
2010 LLR 498
MADRAS HIGH COURT
Admission of documents or marking of exhibits does not amount to its proof.
2010 LLR 494
SUPREME COURT OF INDIA
A society to serve as a Post-graduate School for advance teaching will be covered by the Payment of Gratuity Act.
2010 LLR 536
DELHI HIGH COURT
An ''industrial establishment'' under S. 2 (ka) of the ID Act, will not be restricted to manufacturing activities.
2010 LLR 484
PUNJAB AND HARYANA HIGH COURT
High Court should not modify the Award of the Labour Court directing reinstatement of appellant.
2010 LLR 450
SUPREME COURT OF INDIA
Monetary compensation would be appropriate when reinstated workman has retired.
2010 LLR 494
SUPREME COURT OF INDIA
An employer is under an obligation to declare ''protected workman'' on receipt of request from Union .
2010 LLR 544
KERALA HIGH COURT
Compensation Commissioner can summon the doctor and enforce him to be a witness.
2010 LLR 519
KARNATAKA HIGH COURT
Delay of 2 years and 4 months in issuing the charge-sheet will not vitiate the enquiry.
2010 LLR 521
MADHYA PRADESH HIGH COURT
Dismissal for gheraoing and assaulting the General Manager and instigating others shall not be set aside.
2010 LLR 466
DELHI HIGH COURT
Dismissal of a workman, for preparing and forging 11 fake letters of appointment, will be justified.
2010 LLR 475
JHARKHAND HIGH COURT
Enquiry will be vitiated when neither oral evidence was lead nor report was furnished.
2010 LLR 494
SUPREME COURT OF INDIA
During pendency of case in the High Court, seeking approval for dismissal will not be necessary.
2010 LLR 511
KARNATAKA HIGH COURT
For violation of section 25-F of the ID Act, compensation instead of reinstatement would be appropriate.
2010 LLR 510
PUNJAB AND HARYANA HIGH COURT
Gratuity of an employee, for not vacating residential accommodation, cannot be withheld.
2010 LLR 506
MADRAS HIGH COURT
High Court can extend the limitation period for filing appeal before EPF Tribunal.
2010 LLR 543
ANDHRA PRADESH HIGH COURT
In the absence of a prohibition order, contract labourers can be engaged by a registered establishment.
2010 LLR 478
MADRAS HIGH COURT
Prosecuting other than occupier of a factory amounts to abuse of the process of law.
2010 LLR 504
JHARKHAND HIGH COURT
When sufficient explanation for non-appearance is given, a belated application will be allowed.
2010 LLR 470
DELHI HIGH COURT
While adjudicating the dispute, it is not imperative to decide enquiry issue at preliminary stage
2010 LLR 529
ALLAHABAD HIGH COURT
A worker of contractor will also be covered by Factories Act.
2010 LLR 504
JHARKHAND HIGH COURT
Acquittal of workman, guilty of gheraoing and assaulting the General Manager, will not have any bearing on dismissal.
2010 LLR 466
DELHI HIGH COURT
An employer is liable to pay last drawn wages to a reinstated workman when a writ petition is filed.
2010 LLR 472
DELHI HIGH COURT
An enquiry is rightly held ex-parte when the concerned workman refused to accept the communication from Management.
2010 LLR 466
DELHI HIGH COURT
Approval for dismissal of a bus driver has been rightly declined when the Management has failed to establish charges.
2010 LLR 457
DELHI HIGH COURT
Calling upon contributions without notice under section 45A of ESI Act is not legal.
2010 LLR 464
DELHI HIGH COURT
Criminal case has to be proved beyond all reasonable doubts whereas the guilt in departmental enquiry is decided on probability.
2010 LLR 475
JHARKHAND HIGH COURT
Even when the workman working on project was not given contractual appointment, his termination will not be retrenchment when contract come to an end.
2010 LLR 482
PUNJAB AND HARYANA HIGH COURT
Government cannot refuse to refer a dispute merely stating that the petitioner was engaged on contract basis.
2010 LLR 474
BOMBAY HIGH COURT
High Court, in exercise of its powers under Article 227, can entertain a petition against order of the Employees'' Insurance Court.
2010 LLR 499
DELHI HIGH COURT
Labour Court should exercise its powers in judicious manner while modifying the punishment.
2010 LLR 492
MADRAS HIGH COURT
Mere registration and issue of licence under Contract Labour (R&A) Act does not make a contract as genuine.
2010 LLR 478
MADRAS HIGH COURT
No bank can function properly if the employees do not observe norms and discipline.
2010 LLR 458
BOMBAY HIGH COURT
On retrenchment, submission of Form P is not mandatory.
2010 LLR 514
GUJARAT HIGH COURT
Reinstatement rightly awarded to a temporary workman whose termination is violative of section 25F of I.D. Act.
2010 LLR 539
BOMBAY HIGH COURT
Transfer is the right of the employer and the employees cannot dictate terms.
2010 LLR 553
MADHYA PRADESH HIGH COURT
When an application for setting aside ex-parte order is pending, no notice for recovery of provident fund contributions be issued.
2010 LLR 550
MADRAS HIGH COURT
While calculating 240 days, the training period of a workman will also be counted.
2010 LLR 510
PUNJAB AND HARYANA HIGH COURT
Before depositing of 50% of the amount, High Court may direct the EI Court to examine the record.
2010 LLR 499
DELHI HIGH COURT
Dismissal of a bank manager, overstepping his authority, would not be interfered by High Court.
2010 LLR 458
BOMBAY HIGH COURT
EPF Tribunal should fix the camp hearings with the consent of appellants.
2010 LLR 470
DELHI HIGH COURT
Interference with the transfer order of the employee is rightly declined.
2010 LLR 478
ALLAHABAD HIGH COURT
Only a Director of the Company can become occupier of a factory.
2010 LLR 527
MADHYA PRADESH HIGH COURT
Production of quality seeds will amount to manufacturing activity to bring it within definition of ''industrial establishment''.
2010 LLR 484
PUNJAB AND HARYANA HIGH COURT
The object of section 17-B of the ID Act is to confer a valuable right on the workman.
2010 LLR 472
DELHI HIGH COURT
When Bonus Act is not applicable, the claim for 8.33% of annual earnings would not be tenable.
2010 LLR 547
MADRAS HIGH COURT
While deviating from the rule ''last come, first go'' for retrenchment, reasons must be given while retrenching any workman.
2010 LLR 484
PUNJAB AND HARYANA HIGH COURT
Writ petition challenging transfer policy of the Bank is not tenable since it has no statutory force.
2010 LLR 553
MADHYA PRADESH HIGH COURT
A Magistrate, before issuing the summons in a prosecution by Contract Labour (R&A) Act must apply his mind.
2010 LLR 522
KARNATAKA HIGH COURT
