Delay in claim of minimum wages can be condoned if there is sufficient cause.

Proceedings under the ESI Act cannot be initiated when the company is under moratorium under IBC.

Payment of Gratuity will override any settlement made under the ID Act.

Industrial Tribunal cannot adjudicate on whether the contract is sham unless the reference was specifically made in that respect.

The enquiry conducted by the ICC should be a full-fledged enquiry complying with the principles of natural justice.

Basic liability under the ESI Act is on immediate employer even though principal employer has liability to recover and to pay contribution from immediate employer.

Appropriate Government is not bound to grant opportunity of hearing to management before making a reference to Industrial Tribunal.

Acceptance of partial back wages and notional regularization without contest precludes subsequent claims for full arrears.

Wife of deceased husband is entitled to ESI benefits if there was nomination and cohabitation despite of being divorced.

Compensation in lieu of reinstatement with back wages is proper when industrial dispute was raised after a long time.

Transfer is an incidental happening in an employment which cannot be challenged even if the transferred employee faces difficulties.

Employees employed through the contractor cannot seek reinstatement from the principal employer.

When misconduct, especially theft, is established, Labour Courts should not reduce punishment under Section 11-A of the Industrial Disputes Act based solely on sympathy.

The finding of the inquiry officer regarding misconduct is not open for challenge once the delinquent failed to challenge or in a way admits the validity of the inquiry.

Accident compensation payable in foreign currency is to be at the exchange rate at which the compensation is calculated in Indian Rupees based on the date on which the payment is actually made.

Industrial Court lacks jurisdiction to decide unfair labour practice complaints involving disputed employer-employee relationships without prior determination.

Secret ballot system is the most conducive method for recognition of trade unions.

The Labour Court need not suo moto call upon the employer to adduce evidence to substantiate the charges if the employer decides not to.

High Court cannot set aside termination of manpower contract even if it leads to loss of livelihood for workers.

Undertaking providing Security Services is an 'industry' under the ID Act.

In cases where illegal retrenchment of daily wager worker is not established, Court may still grant compensation based on long service.

Recovery order cannot be quashed if underlying assessment order is under sec 45A of the ESI Act is valid.

Enquiry which was initiated after retirement and kept pending for 9 years will be vitiated.

Statutory obligations/rights under law cannot be contracted out by the employer and the employee.

In the absence of any unfair labour practice the Labour Court cannot give direction for regularisation only because a worker has continued as temporary worker for number of years.

The Minimum Wages Act, 1948 does not deal with the concept of "fair wages" or "living wages".

Where the employees get more than the minimum wages, they would not be entitled to the overtime on the rate of wages fixed under the Minimum Wages Act.

Workman who fails to prove continuous service of 240 days and does not return to work despite multiple opportunities is not entitled to reinstatement.

Mere violation of CLRA Act by contractor does not create employer-employee relationship between contract workers and principal employer.

When there was no termination on the date of the complaint of unfair labour practice, it could not be said that the Company has violated the provisions of ID Act.

The workmen who had completed 480 days of continuous service in a period of 24 calendar months would become automatically permanent employee in Tamil Nadu.

ESI Authorities have to calculate damages after 21 days from the date of the demand letter/notice.

Order passed following court directions does not fall under limitation period provided under the second proviso to Section 45A of ESI Act.

Sweepers, working in State Government departments, are entitled to minimum wages.

If an administrative decision is taken to transfer an employee this being within the administrative powers of the establishment it cannot be termed as unsustainable or illegal.

Compensation in lieu of reinstatement would be proper when 25 years have passed since the termination.

The referral of a dispute to the Tribunal by the appropriate Government would mean that the said dispute prima facie satisfies the ingredients of being an industrial dispute.

Order of the Labour Court without taking into account the delay in filing of the reference and lack of proof of completion of 240 days would be erroneous.

For the purposes of calculating accident compensation, minimum wages notified by the State Government would prevail over the ones declared by the Central Government, if more beneficial.

There cannot be any estoppel against a Statute.

Settlements entered outside conciliation proceedings are binding only to the parties to the agreement and cannot be extended to others.

Gratuity cannot be forfeited in the absence of a proceeding in that regard.

Whether the notice is on an adhoc or actual basis, there should be a well reasoned speaking order under Section 45-A of the Act preceded by the mandatory requirement of affording the employer a reasonable opportunity.

Reference made by the appropriate Government for adjudication of a matter of a non-workman would be without jurisdiction.

Badli workman has no right to claim regular employment unless and until he has completed 240 days in a calendar year.

Gratuity cannot be forfeited when loss or damage was caused to the employer.

Absence of the employees because of strike for enforcement of their demands does not amount to abandonment of their services.

Subsistence allowance cannot be stopped during suspension merely due to pendency of criminal proceedings.

A Trade Union registered under the State Government can also maintain a dispute before the CGIT.

A retired employee/non-employee can represent the union in the Grievance Redressal Committee.

Claim for reinstatement after 22-year delay without explanation constitutes laches barring relief under Industrial Disputes Act.

Dependents compensation would be payable when employee's accident took place while working overtime.

Compensation cannot be avoided merely because notice pay has been made to the workman on closure of the establishment.

Assistant Labour Commissioner can issue recovery of the money due to the workmen from an employer under the settlement.

Merely on the ground that it is not the worker's responsibility to do certain work, cannot be a ground to interfere with the punishment imposed.

Cooperative Societies are not excluded from the ambit of the Maternity Benefit Act.

Principal employer is duty bound to deduct and deposit provident fund, if contractor does not possess PF account.

Funding has nothing to do with the criminal prosecution sought under the BOCW Act.

Summons can be issued against the occupier only after establishing prima facie violation of the Factories Act.

No appeal can be filed against the order of the Compensation Commissioner on the question of monthly wages of the deceased employee.

Once the PF account has become inoperative, no interest can be accrued.

Even if the employee accepted the compensation amount, he can still question the validity of the retrenchment.

Mere completion of 240 days of service cannot be a factor for granting of benefit of permanency to temporary employees.

Dispute touching the business of a society cannot be intermingled with the dispute pertaining to employment.

It will always be presumed that the workman has worked continuously, unless the contrary is proved.

There is no manner in which a person can prove he is unemployed because the negative cannot be established.

There is no prohibition against the principal employer or the contractor agreeing that one of them would reimburse the other discharge of the statutory liability under the Cess Act.

Application for suspension of long-term suspension, even in sexual harassment cases, should be taken into consideration by the authorities.

Employees cannot claim parity with the employees reengaged for implementation of an award passed by the Labour Court.

Workmen are not entitled to separate representation when already represented by the Secretary of the Union which espoused their cause.

Interest on delayed payment of gratuity is to be granted to the employee even without specific claim.

Not recording of reason by the ESI Court for not reducing the mandatory pre deposit cannot be challenged before the High Court.

Review of dismissal of writ petition seeking to challenge order of Industrial Tribunal not allowed in the absence of apparent error.

Industrial Tribunal and not the Writ Court can direct absorption of casual workers.

An employee cannot be permitted to change date of birth after retirement.

An employer cannot retrospectively contribute to the pension fund in excess of the statutory limits after the employees have retired from service.

Financial handicap cannot be the sole criteria for reduction in the pre-deposit in an appeal before the ESI Court.

An employee engaged on daily wages has no right to seek regularisation of services.

Tribunal has to provide reasons used for calculating compensation awarded to the workman.

Workman cannot challenge his termination after 11 years.

Contract between management and contractor cannot be said to be sham when the union itself acknowledged the existence of the contractor.

Delay of 16 years in raising dispute against termination will justify grant of compensation instead of reinstatement.

Unless Service Rules permit initiation of enquiry post-retirement, enquiry post-retirement cannot be initiated.

EPF Authorities are bound consider representations and joint declaration submitted by retired employees in opting for the higher pension scheme.

Dispute regarding regularisation will not be hit by laches when the workman was given initial assurance.

"Gainful employment" would also include self-employment wherefrom income is generated.

ESI Authorities can extend coverage on an establishment when the initial information provided by the employer was misleading.

An employee working on contract/ad hoc or temporary basis can be terminated without enquiry and has no right to continue in service.

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.

Granting compensation in lieu of reinstatement would be proper where the workman had only been employed for a year.

Gratuity cannot be forfeited without providing opportunity of hearing.

Gratuity is not a bounty but a right of employee to be granted by employer.

Abkari workers in Kerala are not entitled to gratuity under the Payment of Gratuity Act.

Conducting an enquiry is necessary before terminating an employee for abandonment of services.

Central Council of Homeopathy is an "industry" under the ID Act.

Punishment of termination for a minor misconduct, which caused no loss to the company, is disproportionate.

A Dharamshala for pilgrims is not an "industry" under the ID Act.

Retrospective application of Payment of Bonus (Amendment) Act, 2015 is valid.

Termination of service for not reporting to the transferred place will be illegal when the transfer order was not communicated to the workman.

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.

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.

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.

Omission to register settlement is an irregularity and cannot said to be a nullifying factor.

Reinstatement with back wages would be proper when workman had to face humiliation due to wrongful termination.

Payment of Gratuity Act will be applicable on the District Rural Development Agency (DRDA).

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.

Notional pay would not be payable to reinstated workman in absence of specific direction

Redeployment indicates continuity in service for the purpose of payment of gratuity, unless there is a break in service specifically introduced.

Losses have hardly any bearing on payment of gratuity.

Film Division is an "industry" under section 2(j) of the ID Act.

ESI authorities can initiate proceedings when contributions were paid after a lapse of 13 years.

Settlement executed by workmen with the management while they were in service would be binding even after their retirement.

Reinstatement is not sine qua non for non-compliance of Section 25-F of the I.D. Act.

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.

Dismissal from service for being absent from place of duty for few hours is disproportionate.

The denial of full backwages is justified when the inquiry is found valid.

Absence without leave constitutes a misconduct justified disciplinary action against the delinquent workman.

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.

After a common dispute pertaining to multiple workmen has been properly espoused by a union, the Labour Courts can adjudicate the reference collectively for all workmen involved.

Court has the discretion to not award back wages along with reinstatement depending on the past conduct of the workman.

An employee cannot be made to work for another employee unilaterally.

Joining some other employer on the next day of termination would not disentitle the workman to seek relief.

Tribunal cannot intervene with quantum of punishment under section 33(2)(b) of the ID Act.

Working journalists are not workmen under the ID Act or employees under the MRTU and PULP Act.

Limitation under the POSH Act is not to be seriously applied in cases involving continuous molestation and harassment.

Particulars of admitted date of birth cannot be questioned before the High Court.

When the ICC report was not in dispute, the finding of the Labour Court that the report was not proved is incorrect.

Technical considerations of res judicata does not apply to industrial disputes.

Transfer made to a place where there was no vacant position and on the false pretext of promoting is mala fide.

A driver cannot challenge punishment imposed on him directly before the High Court.

Reinstatement is not a viable option when the workman was retrenched 16 years ago.

Even temporary/contractual employees can form a trade union.

Merely dismissing a workman during pendency of industrial dispute does not make the order of removal or dismissal void thereby entitling the reinstatement of the employee.

Contractual employees also fall within the ambit of the definition of "workman" as defined under Section 2(s) of the ID Act.

Wards of insured persons are entitled to preferential quota for admission in some ESI medical colleges.

Workman cannot claim regularisation in government department when there was a break in the service.

Maternity Benefit Act is applicable to private educational institutions in Kerala.

For the purpose of payment of bonus to the employees, the definition of "wages" as provided in the Minimum Wages Act, cannot be used.

The dependants of a deceased employee who was insured under the ESI act cannot approach the Compensation Commissioner.

If there is absenteeism from services, the workman may be terminated even without conducting any enquiry.

Incentive bonus that was calculated every month but used to be paid after three months would be 'wages' under the ESI Act.

Termination after serving retrenchment notice on grounds of grave misconducts but without conducting enquiry is illegal.

Labour Court/Industrial Tribunal is not empowered to review or recall its judgments.

Workmen must be paid compensation on account of closure of the management due to genuine reasons.

It is mandatory for the enquiry officer to serve notice of enquiry to the workman.

No notice is required to be given for transfer of workmen.

Disciplinary authority needs to take into consideration the past conduct of the workman before passing order of penalty.

An appeal can lie against the ICC's order where the complaint was disposed off as closed.

Subsequent payment of due amount won't absolve employer from penalty imposed for non deposit of ESI contributions.

Even a resigned employee can approach the Labour Court for recovery of the amount payable by the employer.

A hotel would come under the ambit of the definition of 'factory' under the ESI Act.

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.

Service of an advocate falls under 'a contract of personal service' where the client exercises direct control over him.

Employees of private companies cannot directly approach the Supreme Court for matters relating to wages and promotion.

Civil Court has no jurisdiction to decide matters relating to ESI.

Workers who had worked for more than 480 days in a 24 month period performing activities other than construction are entitled to regularization.

Daily wagers performing activities of harvesting would be entitled to minimum wages payable to skilled labourers.

Compulsorily retiring a workman during pendency of industrial dispute is not permissible.

Any administrative order or instruction which is contrary to the Statutory Service Rules is non-est.

Principal employer cannot be made liable for illegal termination in the absence of employer-employee relationship.

Employer can deviate from the principle of "Last Come, First Go" by giving plausible reasons.

Workman cannot be said to have been wrongfully terminated upon attaining the age of superannuation when he had received his full and final dues.

Matter pertaining to discharge/dismissal is to be referred to the Labour Court and not the Industrial Tribunal.

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.

Enquiry officer cannot take into consideration an employee's past antecedents without providing him with the opportunity of explaining them.

Submitting false documents before the enquiry officer is a grave misconduct.

Interest over arrears is a service benefit accrued to an employee and payable in terms of the settlement.

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.

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.

Promotion cannot be granted to a workman during period of punishment.

10 percent per annum is the maximum rate at which interest may be granted on delayed payment of gratuity.

No-adherence of transfer cannot be pleaded by the employer when the same was not communicated to the employee.

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.

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.

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.

Employer cannot relinquish its liability citing presence of sub contract when there is express provision for compensation between employer and employee.

Tribunal cannot sit as a court of appeal while exercising its jurisdiction under section 33(2)(b) of the ID Act.

Employer cannot plead voluntary absenteeism without giving notice to the employee for resuming duty.

High Court cannot execute the award passed by the Labour Court.

Arbitration clause cannot be invoked for matters falling under the ambit of the ID Act.

Initial onus to prove relationship of employee and employer is always on the workmen.

A person can continue to remain a member of a trade union after retirement if resolution is passed to such effect.

A flat owner's association is not an "industry" under the ID Act.

Factory owner doesn't cease to be an occupier if he sublets his premises for construction purposes to a third party.

Lawyers engaged for a specific period are not entitled to maternity benefits.

For reinstatement, the period not spent on duty must be construed for the purposes of back wages only and not for the purposes of seniority, promotion etc.

Appeal against ICC's report cannot be made directly to the High Court.

Retrenchment cannot ordinarily amount to alteration in the conditions of service.

Waiver of 50% of damages levied under ESI Act is justified when the establishment was suffering from financial stringency.

Labour Court does not become functus officio on the publication of the Award.

Compensation in lieu of reinstatement and back wages is proper when no domestic enquiry was conducted but the employee admitted the misconduct.

Termination of services without providing opportunity to show cause or holding disciplinary enquiry is unjustified.

Interest on belated deposit of PF dues cannot be waived off.

Order issued for terminating the services of an employee should be specific in nature.

The Act is applicable both on working journalists and non-journalist newspaper employees.

Burden of proving terminated employee's gainful employment lies on the management.

Employer can dismiss the employee even after his attaining the age of superannuation when the disciplinary proceeding was initiated against him while he was in service.

Complaint against factory manager will be unsustainable where reply given after show cause notice was not considered.

Appropriate Government should refer the dispute when it was claimed that the settlement had been terminated.

Proceedings under Section 33(2)(b) of the ID Act, are not to be decided by the Court like a complete reference before it.

Appropriate Government must form an opinion as to the factual existence of an industrial dispute before making the reference.

Mere procedural defect in complying with provisions of section 25F would not lead to reinstatement.

The workman can only call upon the employer to produce before the Court the nominal muster roll for the given period, the letter of appointment etc.

The employer is bound to maintain records specifying the work performed and receipts given to the persons employed by him.

It is mandatory for the employer to file representation before the Authority if an employee's gratuity is being withheld due to disciplinary enquiry.

Minimum wages cannot be the only factor for determining accident compensation.

Deliveryman is not a 'workman' under the ID Act.

Relief of compensation instead of reinstatement would be proper when the employee had sought employment elsewhere.

There would be no employer-employee relationship between the principal employer and contractual workers when the contractor controlled aspects like leave and holidays.

Reference made by the appropriate Government cannot be vitiated on hyper technical grounds.

In respect of every 'undertaking' of same company, there can be as many recognised unions corresponding to the number of undertakings of such company.

It is outside the scope of the industrial adjudicator to issue a mandatory direction to replace temporary posts with permanent posts.

Test of proof of charge in a domestic enquiry is preponderance of probabilities.

The contractor and not the principal employer will be liable to pay retrenchment compensation if the terms of agreement provide so.

Union cannot file complaints before Industrial Court in respect of individual grievance of isolated employee posted in different parts of country.

Section 36 of the ID Act does not contain any stipulation that the representative of the workman must also be a workman from the same establishment.

Employer-employee relationship cannot be established merely by relying on ESI card.

Writ of Mandamus would lie against an order passed under section 12(5) if reference was refused without according any reasons.

Employer cannot withhold employee's gratuity on mere assumption that he may be found guilty in any ongoing proceedings being initiated against him.

Merely because the contractual employee worked under the directions and supervision of the principal employer would not make the contract sham and bogus.

Nothing contained in the Standing Orders can operate in derogation or to the prejudice of the provisions as provided in the contract of service.

If the Tribunal determines that there is no espousal of the dispute, it loses jurisdiction to adjudicate the matter, as it can only arbitrate industrial disputes.

For attracting the provisions under Section 14-B of the Act, there must be default coupled with the arrears.

Prolonged employment of casual labour is not a ground sufficient enough to sustain a claim for regularization.

Period of notice for claiming wages is to be excluded when computing the period of limitation.

When resting period was not fixed, but was spread over a period of 12 hours in a shift, the worker cannot claim overtime by saying that he worked over and above 8/9 hours.

Management has the right to adduce fresh evidence to substantiate charges of misconduct by making a specific plea to the effect in the written statement.

Remuneration of a piece rated worker falls under the definition of 'wages' under the ID Act.

No workman is entitled to claim any subsistence amount from employer post acceptance of his VR Application.

Labour Court cannot go into the issue of whether the workman was entitled to wages of regular employee in an application under section 33C(2).

Award of reinstatement with continuity of service by itself does not entitle the employee for notional increments for the period during which he was out of service.

Payment of salary and control over work done are important factors for determining 'employer-employee' relationship.

Termination letter must record reasons as to why the services of the employee were terminated.

Application for seeking declaration of 'Protected Workman' cannot be accepted beyond prescribed date.

Special jurisdiction of the High Court can be invoked in matters of oral termination even if alternative efficacious remedy is available.

Workman has to prove that even if considerable period has lapsed in challenging the dismissal, such delay has not resulted in making the industrial dispute cease to exist.

After recording that the inquiry proceedings were held in a fair manner, Tribunal has no power to modify punishment.

Appointment on compassionate grounds is an exception to the general rule and cannot be claimed as a matter of right.

Withholding and forfeiture of Bank Officer's gratuity for recklessly financing loans is proper.

If the demands of workmen are perverse or frivolous and do not merit reference, the appropriate Government may refuse to refer the same.

Maximum penalty cannot be imposed on the employer when the workman has himself moved the claim after a delay of 8 years.

Right to reject the items brought from job contractors for wanting any quality of work as per job specification by the principal employer cannot be said to be an act of supervision by him.

Appropriate Government must ensure that terms of reference reflect the stand of both parties.

When the charge is proved and misconduct is upheld by the Labour Court, exercise of discretionary power and modifying the order of dismissal is unsustainable in law.

Termination of a person for 'continued ill health', who suffered disability to the extent of 75%, would not amount to retrenchment.

Cause of action to raise the industrial dispute before the Labour Court arises on the date of dismissal.

When a workman is reinstated into service by award of a Labour Court, he is entitled for the wages under Section 33C of the ID Act.

For an application under section 17B to succeed, there must be an affidavit by the workman, stating that he has not been employed in any establishment during such period.

Section 12(3) of Act cannot be used as source of power to recover money from Workman.

After receiving all retiral benefits, regular pension cannot be claimed.

An illegal closing down can amount to retrenchment/layoff.

Acceptance of Voluntary Retirement of employee is subject to compliance of proper procedure and cannot be accepted in haste.

Increasing superannuation age from 58 to 60 mandates providing a prior notice under section 9A.

Maternity benefits are available to all women employees irrespective of whether they are permanent or contractual employees working in commercial establishments.

Private employment contracts cannot be assailed under Writ jurisdiction.

Workman cannot claim benefits under section 25-F when he stopped coming to his duties on his own.

Remuneration of a piece rated worker would fall within the definition of the term 'wages' as prescribed under the ID Act.

Simply because no application for waiver was made, the same does not absolve the ESI Authority to comply with the statutory obligation with regards exercise of its discretion.

Definition of employer under ESI Act is not applicable over to EPF Act.

Section 29 of the I.D. Act cannot be said to be an executing proceeding but is for the purpose of initiating a criminal prosecution in a case of non-implementation/breach of the award.

Not for profit hospitals fall under the definition of 'industry' under the ID Act.

Mere Legal background of the Inquiry Officer would not entitle the delinquent - workman to seek assistance of legal practitioner.

Anything done or any action taken under the Industrial Employment (Standing Orders) Act shall be deemed to have been taken under the Industrial Relations Code, 2020 and shall be in force unless it is contrary to the provisions of the Code.

Complaint filed against the Occupier and Manager of a factory cannot be mere reiteration of the show cause notice issued to them.

Termination on ground of unbecoming conduct would not lead to forfeiture of gratuity

Absence of registration of contract and non-procurement of license by the Contractors are relevant factors for presuming employer-employee relationship.

Appellate body cannot assume the role of disciplinary authority and supplement his reasons for upholding the punishment order.

The issue of imposing a penalty would only arise after the main claim for compensation is determined by the competent Authority.

Mere apprehension of layoff or termination cannot be a sufficient cause to invoke action under section 33 of ID Act.

In the absence of a challenge to the 45-A order, the ESI Court has no jurisdiction to hold that the said order was vitiated by delay and laches.

Payment of compensation would not amount to admission of criminal liability when the victim met with the accident due to his own negligence.

Punishment of termination on mere negligence in performing duties is disproportionate and merits reinstatement with back wages.

Workmen of a statutory canteen would be the workmen of the principal establishment for the purpose of the Act only and not for all other purposes.

Trainees, employed on permanent jobs, are 'workmen' under the ID Act.

Representation under section 36 of ID Act is valid only if Trade Union was registered at the time of filing the same.

Setting aside of ex parte award and accepting application for condonation of delay would not be possible when the petitioner did not again appear before the Labour Court.

Claims under the Maternity Benefits Act cannot be granted by the High Court in exercise of its Writ Jurisdiction.

Transfer to far distance from present distance without consent of employee as provided under Model Standing Orders is mala fide.

In an application under Section 2-A, issues framed by the Labour Court on consideration of the pleadings is akin to a civil proceeding.

Mere settlement of the wages accrued towards the workman does not lead to the presumption that the same is a full and final settlement

Grant of exemption cannot be refused without affording proper hearing

Labour Court cannot deal with issues pertaining to payment of salaries and increments.

Mere self-serving statements will not suffice to discharge the burden placed by law on the workman to prove that he had worked for 240 days in a given year.

There will be no violation of the principles of natural justice even if the enquiry was not strictly conducted as per the provisions of the POSH Act

It is not necessary to provide daily-waged workers with letters of appointment and termination.

Disability certificate without specifications of diagnosis is unacceptable.

Levy of labour cess on supply and installation of meters is not tenable.

Pregnant employee cannot be terminated to escape the provision of the Maternity Benefits Act in the garb of unsatisfactory performance

There is no need to indicate the performance of the probationers in their termination letter

The judgment of Air India with prospective effect applies only to such directions issued by any court for absorption of contract labours where such a direction has been given effect to and has become final

Denial of death benefits cannot be denied merely on the basis of delay in payment of amount due to death

Entitlement of gratuity could not be reduced below prescribed ceiling limit

No Exemption under the Cess Act by taking shelter of applicability of Factories Act, 1948

Artisans employed directly by the employer for work of establishment fall under category of employee

Controlling Authority might accept application on sufficient cause being shown by the applicant after the expiry of the specified period

Relief of regularization is proper where the employer has indulged in an unfair labour practice by continuing to employ workers on temporary posts and not filling up permanent posts

When injury was not covered by Schedule- I, the workman is required to prove the loss of earning capacity in reference to the nature of work which he was capable of doing at the time of the accident

When Labour Court finds that even though the enquiry was consistent with the rules of natural justice but the punishment was disproportionate to the misconduct, then it will have the discretion not to award full back wages

It is the statutory right of every workman to avail the benefit of the Settlement irrespective of whether he/she is member of recognized Union or not

Grant of exemption under the ESI Act cannot be denied without assigning any reason

Food supervisor of a hospital is a 'workman' under the Industrial Disputes Act

Trust's employees cannot be brought under the ambit of the ESI Act merely because their salary is maintained together with employees of a covered establishment

In the absence of any inbuilt mechanism for payment of wages pending proceedings in higher courts, the employee can approach the labour Court under section 33-C(2) for computation of her entitlement

Medical practitioners must place due regard to the percentages of loss of earning capacity in relation to different injuries specified in the Schedule-I for the purposes of assessment of loss of earning capacity

Overtime wages could not be paid in disguise of conveyance allowance to avoid payment of ESI contribution

Assessment of EPF dues and initiation of recovery proceedings when the company was not declared as sick company is proper

Sole testimony of aggrieved woman may be sufficient to prove the charge, where the testimony inspires confidence

Conditions of service do not change when notice is given, but are affected only when the change is actually made

In the absence of reference, Industrial Court cannot order payment of minimum wages even if the workmen were entitled to claim the same

Stopping salary of employee on the ground of fraudulent hiring in the absence of any over act is impermissible

Unemployment of workers and continuous losses are grounds to close down an establishment

Dismissal of an employee for performing unnatural acts in office premises is justified

Burden of proving aspects relating to wages in ESI proceedings is upon the employer

Inquiry under POSH Act is exempt from judicial review

Claim for minimum wages under section 33(C)(2) needs to substantiated with Consumer Price Index

Once a certificate is issued under Section 8 of The Gratuity Act and forwarded to the Certificate Officer for execution, he is bound to execute the same

When the transfer orders are made on account of administrative exigencies, no objection of any employee can be entertained

Provisions of Limitation Act cannot prevail over the 3 year limitation for raising individual disputes under section 2A of the ID Act

Forceful resignation on ground of later offering employment through an intermediary is illegal

Amount attached cannot be kept by the EPF Authority with reference to Contractors for an unlimited period

There is no ceiling on wages for computing accident compensation

Settlement will continue to be in force till such time the same is substituted by another Award or Settlement

ESI Authority cannot demand contributions for 223 employees when the company had only 123 employees

Compulsory retirement is no ground for forfeiture of gratuity

Termination of employee for making defamatory posts against the company on social media is valid

Apprentices cannot be regularized after the expiry of temporary agreement

Factory not manufacturing artificially prepared substances would not come under the ambit of the EPF Act

Unauthorised possession of company's quarters by the workman is a gross misconduct justifying removal from service

Examination of the employer is not possible at belated stage when the onus was on the workman to prove that he was not gainfully employed

Mere non holding of disciplinary enquiry does not imply that the termination was illegal

No relief under section 33A of the ID Act if the pending reference was not connected with the workman

The term 'Basic Wages' under the EPF Act is not the same as 'Minimum Wages' under the Minimum Wages Act

Mere non-maintenance of seniority list would not imply that the workman was in continuous service

Mere affidavit is not sufficient to prove that the employee had worked for 240 days

Heart Attack at work will not entitle compensation until attributable by stress and strain during course of employment

Employee cannot be deprived of gratuity until the criminal proceedings culminate into conviction for "offence"

Claim under section 33(C)(2) of the ID Act, if arisen out of established service conditions, would be maintainable even without prior adjudication

Reduction of the quantum of punishment by the Labour Court when enquiry was properly conducted would amount to misplaced sympathy

A person temporarily hired under an agreement would be entitled to accident compensation under the Employees' Compensation Act, 1923

There would be no employer-employee relationship between the principal employer and the contractor even in the absence of registration certificate and license

Principal employer is not bound to pay any differential salary/wages to contractual workers under rule 25(2)(v)(a) of the CLRA Rules, 1971

Employees insured with ESIC can even avail the benefits of a private in emergent condition

No appeal would lie against an order of the Compensation Commissioner unless a substantial question of law is involved.

Payment of Wages Act is applicable only when employee-employer relationship is established.

Offices of Chartered Accountants do not fall within the meaning of the ESI Act

Retrenchment compensation must be paid if the establishment is not closed due to unavoidable circumstances