Workman cannot be transferred to a place which did not exist at the time of appointment in the absence of such clause.
2024 LLR 748
PUNJAB AND HARYANA HIGH COURT
Contract for housekeeping services would not establish principal employer - contractor relationship.
2024 LLR 758
KERALA HIGH COURT
No cess can be levied on supply or consultancy components.
2024 LLR 737
JHARKHAND HIGH COURT
Mere absence of power to appoint or dismiss is not the sole criteria to determine if a person is a 'workman'.
2024 LLR 714
SUPREME COURT OF INDIA
Employees cannot be denied compensation for getting treatment from the hospital of their own choice.
2024 LLR 740
KERALA HIGH COURT
Principal employer and workman can enter into agreement for payment of minimum bonus @8.33%.
2024 LLR 753
ORISSA HIGH COURT
Labour Commissioner cannot direct the employer to pay minimum wages.
2024 LLR 758
KERALA HIGH COURT
Threat of withholding promotion in itself does not constitute sexual harassment.
2024 LLR 742
CALCUTTA HIGH COURT
Workman has no right to cross examine Enquiry Officer when the enquiry was held to be fair and proper.
2024 LLR 726
BOMBAY HIGH COURT
Maximum penalty for belated payment of wages cannot be imposed when claim was made after 8 years.
2024 LLR 755
ALLAHABAD HIGH COURT
Proportionality of penalty would not be taken into consideration when the misconduct was grave.
2024 LLR 726
BOMBAY HIGH COURT
Educational institutions are not liable to pay statutory bonus.
2024 LLR 753
ORISSA HIGH COURT
Requirement of workmen needs to be shown before transferring them to another unit.
2024 LLR 748
PUNJAB AND HARYANA HIGH COURT
Employer and employee can arrive at settlements in respect of matters relating to Provident Fund.
2024 LLR 807
KERALA HIGH COURT
Interest computed under S.7Q can be challenged in appeal and will be dealt in a summary manner.
2024 LLR 764
DELHI HIGH COURT
Amount in lieu of wages and paid in terms of agreement would not constitute 'wages' under the EPF Act.
2024 LLR 782
KERALA HIGH COURT
Order passed by EPF Authority without conducting deep inquiry is not sustainable.
2024 LLR 809
PUNJAB AND HARYANA HIGH COURT
Tribunal can stay recovery of dues on any condition as it deems fit.
2024 LLR 785
MADHYA PRADESH HIGH COURT
Any order in respect of review application without hearing the parties concerned is not sustainable.
2024 LLR 775
ALLAHABAD HIGH COURT
Recovery Officer has to amend recovery certificate when outstanding demand has been reduced in appeal.
2024 LLR 764
DELHI HIGH COURT
Employer cannot claim relief from damages on ground of delay in realisation of amounts paid by cheques.
2024 LLR 789
KERALA HIGH COURT
Even contractual employees engaged by principal employer indirectly are entitled to PF benefits.
2024 LLR 815
DELHI HIGH COURT
Mere common ownership is not enough to prove functional integrality when both establish-ments can function independently.
2024 LLR 794
ANDHRA PRADESH HIGH COURT
Order passed by EPF Authority without examining the Enforcement Officer is not sustainable.
2024 LLR 809
PUNJAB AND HARYANA HIGH COURT
Tribunal is justified in not extending limitation period when appeal was filed belatedly due to wrong advice.
2024 LLR 779
ANDHRA PRADESH HIGH COURT
No attachment of bank account without leave of the CGIT when appeal was pending before it.
2024 LLR 773
BOMBAY HIGH COURT
Recovery proceedings can be initiated against Director who used company's money even after resigning.
2024 LLR 800
DELHI HIGH COURT
EPF Authority has to consider employer's case on merits before imposing damages and interests.
2024 LLR 773
BOMBAY HIGH COURT
It is for the employer to prove that drivers were employed on per day basis and are not entitled to PF dues.
2024 LLR 815
DELHI HIGH COURT
Submission of monthly returns beyond the date of their submission is punishable under the EPF Act.
2024 LLR 822
CALCUTTA HIGH COURT
Section 7A proceedings would be quashed when there was an unreasonable delay in initiating the same.
2024 LLR 789
KERALA HIGH COURT
There would be no violations of natural justice when the wife of the deceased employee could not adduce evidence for his unauthorized absence before the enquiry officer.
2024 LLR WEB 230
JHARKHAND HIGH COURT
The denial of full backwages is justified when the inquiry is found valid.
2024 LLR WEB 232
GUJARAT HIGH COURT
Absence without leave constitutes a misconduct justified disciplinary action against the delinquent workman.
2024 LLR WEB 231
KARNATAKA HIGH COURT
Dismissal from service for being absent from place of duty for few hours is disproportionate.
2024 LLR WEB 233
BOMBAY HIGH COURT
Workman can proceed under Section 33C(2) of ID Act only after the Tribunal has held that the order of dismissal was justified and ordered reinstatement.
2024 LLR WEB 234
KARNATAKA HIGH COURT
Reinstatement is not sine qua non for non-compliance of Section 25-F of the I.D. Act.
2024 LLR WEB 235
ORISSA HIGH COURT
Settlement executed by workmen with the management while they were in service would be binding even after their retirement.
2024 LLR WEB 236
MADRAS HIGH COURT
ESI authorities can initiate proceedings when contributions were paid after a lapse of 13 years.
2024 LLR WEB 237
MADRAS HIGH COURT
Film Division is an "industry" under section 2(j) of the ID Act.
2024 LLR WEB 238
DELHI HIGH COURT
Losses have hardly any bearing on payment of gratuity.
2024 LLR WEB 239
CALCUTTA HIGH COURT
Redeployment indicates continuity in service for the purpose of payment of gratuity, unless there is a break in service specifically introduced.
2024 LLR WEB 240
BOMBAY HIGH COURT
Notional pay would not be payable to reinstated workman in absence of specific direction
2024 LLR WEB 241
GAUHATI HIGH COURT
Bar on receiving compensation other than under the ESI Act would not be applicable with respect to claim petition filed under the Motor Vehicles Act.
2024 LLR WEB 242
DELHI HIGH COURT
Payment of Gratuity Act will be applicable on the District Rural Development Agency (DRDA).
2024 LLR WEB 243
TRIPURA HIGH COURT
Reinstatement with back wages would be proper when workman had to face humiliation due to wrongful termination.
2024 LLR WEB 244
PUNJAB AND HARYANA HIGH COURT
Omission to register settlement is an irregularity and cannot said to be a nullifying factor.
2024 LLR WEB 245
ORISSA HIGH COURT
Section 2(oo)(bb) of the ID Act would not be attracted when contract of the terminated workman was extended from time to time and work was of continuing nature.
2024 LLR WEB 246
PUNJAB AND HARYANA HIGH COURT
Employee can either choose his entitlement towards payment of gratuity in terms of the Act or the employer's regulations which ever provides for better terms.
2024 LLR WEB 248
CALCUTTA HIGH COURT
Retrospective application of Payment of Bonus (Amendment) Act, 2015 is valid.
2024 LLR WEB 250
MADRAS HIGH COURT
Punishment of termination for a minor misconduct, which caused no loss to the company, is disproportionate.
2024 LLR WEB 252
GUJARAT HIGH COURT
Central Council of Homeopathy is an "industry" under the ID Act.
2024 LLR WEB 253
DELHI HIGH COURT
Conducting an enquiry is necessary before terminating an employee for abandonment of services.
2024 LLR WEB 254
HIMACHAL PRADESH HIGH COURT
Abkari workers in Kerala are not entitled to gratuity under the Payment of Gratuity Act.
2024 LLR WEB 255
KERALA HIGH COURT
Gratuity cannot be forfeited without providing opportunity of hearing.
2024 LLR WEB 257
PUNJAB & HARYANA HIGH COURT
Granting compensation in lieu of reinstatement would be proper where the workman had only been employed for a year.
2024 LLR WEB 258
MADHYA PRADESH HIGH COURT
Forfeiture of the gratuity of an employee by the employer would require initiation of criminal proceedings which have been culminated in conviction of an offence involving moral turpitude.
2024 LLR WEB 259
DELHI HIGH COURT
An employee working on contract/ad hoc or temporary basis can be terminated without enquiry and has no right to continue in service.
2024 LLR WEB 260
PUNJAB AND HARYANA HIGH COURT
ESI Authorities can extend coverage on an establishment when the initial information provided by the employer was misleading.
2024 LLR WEB 261
PUNJAB AND HARYANA HIGH COURT
"Gainful employment" would also include self-employment wherefrom income is generated.
2024 LLR WEB 262
BOMBAY HIGH COURT
Dispute regarding regularisation will not be hit by laches when the workman was given initial assurance.
2024 LLR WEB 263
KARNATAKA HIGH COURT
EPF Authorities are bound consider representations and joint declaration submitted by retired employees in opting for the higher pension scheme.
2024 LLR WEB 264
KARNATAKA HIGH COURT
Unless Service Rules permit initiation of enquiry post-retirement, enquiry post-retirement cannot be initiated.
2024 LLR WEB 265
BOMBAY HIGH COURT
Delay of 16 years in raising dispute against termination will justify grant of compensation instead of reinstatement.
2024 LLR WEB 266
HIMACHAL PRADESH HIGH COURT
Contract between management and contractor cannot be said to be sham when the union itself acknowledged the existence of the contractor.
2024 LLR WEB 267
CALCUTTA HIGH COURT
Court is barred from taking cognizance of an offence under the BOCW Act beyond the period of three months from the date on which the alleged offence comes to the knowledge of the Authorities.
2024 LLR WEB 247
DELHI HIGH COURT
Gratuity is not a bounty but a right of employee to be granted by employer.
2024 LLR WEB 256
DELHI HIGH COURT
Workman cannot challenge his termination after 11 years.
2024 LLR WEB 268
GUJARAT HIGH COURT
Tribunal has to provide reasons used for calculating compensation awarded to the workman.
2024 LLR WEB 269
DELHI HIGH COURT
An employee engaged on daily wages has no right to seek regularisation of services.
2024 LLR WEB 270
SUPREME COURT OF INDIA
Financial handicap cannot be the sole criteria for reduction in the pre-deposit in an appeal before the ESI Court.
2024 LLR WEB 271
DELHI HIGH COURT
Termination of service for not reporting to the transferred place will be illegal when the transfer order was not communicated to the workman.
2024 LLR WEB 249
KARNATAKA HIGH COURT
A Dharamshala for pilgrims is not an "industry" under the ID Act.
2024 LLR WEB 251
GUJARAT HIGH COURT
Employee's claim that resignation was not of his free will would not mean that it was forced.
2024 LLR 714
SUPREME COURT OF INDIA
Assaulting and exhaling smoke on superior's face are grave misconducts justifying dismissal.
2024 LLR 726
BOMBAY HIGH COURT
Executive Secretary is not a 'workman' under the ID Act.
2024 LLR 733
KARNATAKA HIGH COURT
The Internal Committee should accept the allegations made in the complaint at their face value.
2024 LLR 742
CALCUTTA HIGH COURT
Municipalities are covered under the definition of 'factory' under the ESI Act.
2024 LLR 709
SUPREME COURT OF INDIA
