• Clubbing of establishments, merely because of inter se supply of products, is improper.
  • A principal employer's general supervision over work performed on its premises does not, by itself, establish a master-servant relationship.
  • Excessive control/check on the activities of contract labour would prove that the contract is sham and camouflage.
  • Denial of permanency solely on basis of HIV positive status would be discriminatory.
  • Heart attack, while returning back from work after feeling unwell, would be said to have arisen out of and during the course of employment.
  • Admission of guilt by employee is to be proven by the employer before the Court.
  • Worker would be entitled to last drawn wages during pendency of matter before the High Court even if he was earning agricultural income.
  • A ground not taken before the ESI Court cannot be taken before the High Court for the first time.
  • No back wages can be granted on the assumption that a worker remained unemployed for 16 years.
  • Provisions pertaining to compensation in case of transfer of undertakings will not be applicable for benami or fictitious transactions.
  • It cannot be assumed that a workman was terminated when there was no termination letter and the management asked him to report back to duties during conciliation.
  • Determination of 'workman' status depends upon the actual nature of duties performed, the degree of supervisory or managerial control, and the extent of discretion exercised.
  • ID Card and salary slip, not bearing the stamp and signature of the management, cannot be used to prove employer-employee relationship.