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