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