Interstate transfer clause in appointment letter is valid even when it finds no mention in standing orders.
2024 LLR 478
SUPREME COURT OF INDIA
POSH enquiry will quashed if copy of complaint was not served to the accused.
2024 LLR 486
KERALA HIGH COURT
Dismissal for obtaining employment on false information justifies forfeiture of gratuity.
2024 LLR 490
KARNATAKA HIGH COURT
Tribunal can take into consideration settlement while adjudicating dispute.
2024 LLR 473
SUPREME COURT OF INDIA
Complaint of maternity benefit cannot be referred as an industrial dispute to the Labour Court.
2024 LLR 483
MADHYA PRADESH HIGH COURT
Fixed term employee cannot claim employment as a matter of right.
2024 LLR 501
KARNATAKA HIGH COURT
Profit motive is irrelevant to cover an establishment under the term 'industry'.
2024 LLR 512
JAMMU & KASHMIR AND LADAKH HIGH COURT
Reinstatement cannot be granted when management and employee have lost trust with each other.
2024 LLR 520
KERALA HIGH COURT
Labour Court can only adjudicate on termination if the terms of reference provide so.
2024 LLR 509
KARNATAKA HIGH COURT
Accident compensation provisions of the Code on Social Security, 2020 put employees at a dis-advantageous position.
2024 LLR 516
ANDHRA PRADESH HIGH COURT
Writ petition by employees against order of private company is not maintainable.
2024 LLR 485
ORISSA HIGH COURT
Sympathy and sentiment cannot be the basis for ordering regularization.
2024 LLR 497
ANDHRA PRADESH HIGH COURT
Abandonment from duty cannot be pleaded when letters for resuming duty were not sent by the employer.
2024 LLR 524
BOMBAY HIGH COURT
No employer-employee relationship can be established merely on the basis of ESI card.
2024 LLR 506
HIMACHAL PRADESH HIGH COURT
Test if establishment is 'industry' or not is based on its nature of activity and employer-employee relation.
2024 LLR 512
JAMMU & KASHMIR AND LADAKH HIGH COURT
No appeal can be preferred to the High Court against an order of Civil Court involving ESI related matters.
2024 LLR 488
ANDHRA PRADESH HIGH COURT
Amendment made to standing orders would not come into effect if the appeal is allowed by the Tribunal.
2024 LLR 478
SUPREME COURT OF INDIA
It is not mandatory to pay PF contribution for HRA and conveyance allowance.
2024 LLR 578
MADRAS HIGH COURT
Bank account cannot be frozen when no complaint has been lodged before PF Authorities.
2024 LLR 552
CALCUTTA HIGH COURT
Damages are to be reduced when there was no willful default in contributing to the fund.
2024 LLR 549
KARNATAKA HIGH COURT
EPF Authority cannot compel contribution by employers with regard non-identifiable workmen.
2024 LLR 539
PUNJAB AND HARYANA HIGH COURT
Pre-deposit is not mandatory for appeal against order passed under section 14B of the Act.
2024 LLR 530
BOMBAY HIGH COURT
EPF Authorities have to consider whether the establishment is a chronic defaulter or not.
2024 LLR 565
JHARKHAND HIGH COURT
Tribunal is empowered to dismiss the appeal when there is non-compliance of its interim order.
2024 LLR 560
MADRAS HIGH COURT
Employer cannot file criminal complaint against PF Authorities for mere pendency of 7A pro-ceeding.
2024 LLR 567
PUNJAB AND HARYANA HIGH COURT
Establishment cannot seek exclusion and exemption simultaneously.
2024 LLR 579
CALCUTTA HIGH COURT
Arbitration clause cannot be invoked for matters falling under the ambit of the ID Act.
2024 LLR WEB 168
GUJARAT HIGH COURT
High Court cannot execute the award passed by the Labour Court.
2024 LLR WEB 169
UTTARAKHAND HIGH COURT
Employer cannot plead voluntary absenteeism without giving notice to the employee for resuming duty.
2024 LLR WEB 170
DELHI HIGH COURT
Tribunal cannot sit as a court of appeal while exercising its jurisdiction under section 33(2)(b) of the ID Act.
2024 LLR WEB 171
DELHI HIGH COURT
A building worker would be eligible for a pension on reaching 60 years of age if he has worked for a period of not less than one year.
2024 LLR WEB 173
DELHI HIGH COURT
Workmen employed through contractor cannot be paid less wages if performing the same or similar nature of work as those workmen engaged by the principal employer.
2024 LLR WEB 179
DELHI HIGH COURT
Submitting false documents before the enquiry officer is a grave misconduct.
2024 LLR WEB 182
DELHI HIGH COURT
Enquiry officer cannot take into consideration an employee's past antecedents without providing him with the opportunity of explaining them.
2024 LLR WEB 183
DELHI HIGH COURT
Payments made under Section 17B of the Act are not refundable and cannot be directed to be refunded even if the management succeeds in its challenge to the award.
2024 LLR WEB 184
DELHI HIGH COURT
Workman cannot be said to have been wrongfully terminated upon attaining the age of superannuation when he had received his full and final dues.
2024 LLR WEB 186
DELHI HIGH COURT
Employer can deviate from the principle of "Last Come, First Go" by giving plausible reasons.
2024 LLR WEB 187
ORISSA HIGH COURT
Principal employer cannot be made liable for illegal termination in the absence of employer-employee relationship.
2024 LLR WEB 188
DELHI HIGH COURT
Any administrative order or instruction which is contrary to the Statutory Service Rules is non-est.
2024 LLR WEB 189
PUNJAB AND HARYANA HIGH COURT
Compulsorily retiring a workman during pendency of industrial dispute is not permissible.
2024 LLR WEB 190
DELHI HIGH COURT
Daily wagers performing activities of harvesting would be entitled to minimum wages payable to skilled labourers.
2024 LLR WEB 191
JAMMU & KASHMIR AND LADAKH HIGH COURT
Workers who had worked for more than 480 days in a 24 month period performing activities other than construction are entitled to regularization.
2024 LLR WEB 192
SUPREME COURT OF INDIA
Civil Court has no jurisdiction to decide matters relating to ESI.
2024 LLR WEB 193
MEGHALAYA HIGH COURT
Employees of private companies cannot directly approach the Supreme Court for matters relating to wages and promotion.
2024 LLR WEB 194
SUPREME COURT OF INDIA
Where procedure of representation against the findings of the IC is provided under the Service Rules, the same shall lie before the Disciplinary Authority and not as a remedy of appeal under the POSH Act.
2024 LLR WEB 196
DELHI HIGH COURT
Even a resigned employee can approach the Labour Court for recovery of the amount payable by the employer.
2024 LLR WEB 198
KERALA HIGH COURT
Attachment is improper when application for staying order is pending before Tribunal.
2024 LLR 530
BOMBAY HIGH COURT
Full damages are not compulsory under section 14B of the EPF Act.
2024 LLR 533
MADHYA PRADESH HIGH COURT
Aadhar card is not a proof of date of birth for claiming pension.
2024 LLR 576
GUJARAT HIGH COURT
Agents having independent code numbers are to be treated as independent employers.
2024 LLR 539
PUNJAB AND HARYANA HIGH COURT
Establishment cannot be made liable for the period before it comes into existence.
2024 LLR 549
KARNATAKA HIGH COURT
Granting interim stay upon direction of deposit of money is not the same as pre-deposit.
2024 LLR 532
ALLAHABAD HIGH COURT
No PF dues are payable from the date of compulsory retirement till reinstatement.
2024 LLR 555
MADHYA PRADESH HIGH COURT
Order for pre-deposit of amount cannot be challenged before the High Court.
2024 LLR 587
CALCUTTA HIGH COURT
Section 7A notice can be quashed if employer is willing to submit form for transfer of funds.
2024 LLR 557
KARNATAKA HIGH COURT
Employer cannot relinquish its liability citing presence of sub contract when there is express provision for compensation between employer and employee.
2024 LLR WEB 172
DELHI HIGH COURT
Findings of the Tribunal under section 33(2)(b) of the ID Act will not operate as res judicata in subsequent claim by the workman.
2024 LLR WEB 174
DELHI HIGH COURT
When the IC comes to the conclusion that the allegation has been proved, action for sexual harassment as misconduct in accordance with the service rules is to be taken.
2024 LLR WEB 175
GUJARAT HIGH COURT
No-adherence of transfer cannot be pleaded by the employer when the same was not communicated to the employee.
2024 LLR WEB 176
KARNATAKA HIGH COURT
10 percent per annum is the maximum rate at which interest may be granted on delayed payment of gratuity.
2024 LLR WEB 177
CALCUTTA HIGH COURT
Promotion cannot be granted to a workman during period of punishment.
2024 LLR WEB 178
PUNJAB AND HARYANA HIGH COURT
There would be no absorption of contract labour unless it is clear that they belong to the category for which contract labour system has been abolished.
2024 LLR WEB 180
DELHI HIGH COURT
Interest over arrears is a service benefit accrued to an employee and payable in terms of the settlement.
2024 LLR WEB 181
CALCUTTA HIGH COURT
Matter pertaining to discharge/dismissal is to be referred to the Labour Court and not the Industrial Tribunal.
2024 LLR WEB 185
ALLAHABAD HIGH COURT
Service of an advocate falls under 'a contract of personal service' where the client exercises direct control over him.
2024 LLR WEB 195
SUPREME COURT OF INDIA
A hotel would come under the ambit of the definition of 'factory' under the ESI Act.
2024 LLR WEB 197
CALCUTTA HIGH COURT
Subsequent payment of due amount won't absolve employer from penalty imposed for non deposit of ESI contributions.
2024 LLR WEB 199
CALCUTTA HIGH COURT
