2026 LLR WEB 976 - JAMMU & KASHMIR HIGH COURT
Amended wage-threshold for excluding supervisory employees from the definition of "workman" under Section 2(s)(iv) of the Industrial Disputes Act cannot be applied retrospectively to a pre-amendment dispute.
UNFAIR LABOUR PRACTICE / INDUSTRIAL DISPUTE - Definition of "workman" - Supervisory capacity - Wage ceiling under Section 2(s)(iv) - Retrospective application of 2010 amendment - Voluntar...... read full judgement
2026 LLR WEB 975 - HIMACHAL PRADESH HIGH COURT
Statutory interest under Section 4A(3)(a) of the Employee's Compensation Act runs from one month after the date of accident, and the insurer, absent breach of policy terms, must indemnify the owner for the entire compensation.
EMPLOYEE'S COMPENSATION ACT - Assessment of income - Daily dietary allowance - Statutory interest - Liability of insurer - Indemnification - Sections 3, 4A(3)(a), 22 and 30 of the Employee...... read full judgement
2026 LLR WEB 974 - HIMACHAL PRADESH HIGH COURT
Once daily wage service culminates in regularization, the entire period including daily wage service must be counted for computing gratuity, irrespective of the date of regularization.
PAYMENT OF GRATUITY ACT, 1972 - Daily wage service - Regularization - Computation of gratuity - Reference to Larger Bench - Judicial propriety - Section 2(e) and Section 2A of the Payment of Grat...... read full judgement
2026 LLR WEB 973 - HIMACHAL PRADESH HIGH COURT
Once continuity of service is awarded by the Industrial Tribunal and attains finality, the workman is entitled to count such period for regularization/work-charge status and to consequential back wages, and the principle of "no work no pay" does not apply where he was kept out of work through no fault of his own.
INDUSTRIAL DISPUTES - Illegal termination - 240 days of continuous service - Section 25-F - Reinstatement with continuity of service - Back wages - Regularization/work-charge status - "No wor...... read full judgement