Labour Law Reporter

JUDGMENTS OF AUG 2011

Removal of bank employee is proper when found guilty of financial irregularities.
LLR Supreme Court 857
Reinstatement can’t be denied merely because no prescribed procedure was adopted for recruitment.
LLR Supreme Court 785
Termination of a probationer even after 240 days will not be retrenchment.
LLR All. HC 799
An employee unauthorisedly retaining employer’s accommodation can’t have gratuity.
LLR Mad. HC 834
Conveyance and special allowance to attract provident fund contributions.
LLR MP HC 867
Conveyance, Education, Medical, City Compensatory and Special Allowances, Food Concessions, Special Holidays, Night Shift Incentive will attract provident fund contributions.
LLR Mad. HC 876
An ex-parte Award cannot be set aside after 30 days of its publication.
LLR Del. HC 792
Compensation is appropriate when the workman has worked only for 3 years.
LLR P&H HC 794
Transfer of a Technician in the same category not illegal.
LLR All. HC 834
Minimum wages are guaranteed irrespective of paying capacity of the employer.
LLR Del. HC 827
Reinstatement is erroneous when workman's service was terminated for habitual absence.
LLR Jhar. HC 847
Reinstatement is not automatic for non-compliance of section 25-F of the I.D. Act.
LLR Pat. HC 830
Government can’t adjudicate but only refer a dispute.
LLR P&H HC 859
High Court is not to interfere with an Award by setting aside the punishment.
LLR Uttr. HC 797
Back-wages on reinstatement are not automatic.
LLR P&H HC 820
No accident compensation when the deceased fell from roof away from the establishment.
LLR Karn. HC 804
Reduction in wages, without notice will not be proper.
LLR P&H HC 818
Part-time junior executive with administrative functions is not a ‘workman’.
LLR AP HC 801
Contract Labour (R&A) Act not applicable upon National Physical Laboratory not being an industry.
LLR Guj. HC 813
Employees’ Provident Funds Act will be applicable on establishment employing 23 employees.
LLR Pat. HC 807
Ex-parte order by PF Commissioner, without hearing, is not proper.
LLR Bom. HC 851
Gratuity is a valuable right of an employee under the Payment of Gratuity Act.
LLR Mad. HC 834
An aggrieved party under B&OCW Cess Act can file appeal, not writ in High Court.
LLR All. HC 849
A person has to produce appointment letter or other supporting documents to prove to be an employee.
LLR Del. HC 824
Striking off name is proper if the workman was habitually absenting.
LLR Jhar. HC 846
Setting of establishment by purchasing machines only will be the new one for provident fund purpose.
LLR Mad. HC 863
Insurer will not be liable to pay compensation on death of auto rickshaw driver not having driving licence.
LLR AP HC 872
In writ jurisdiction, the High Court will not set aside/alter the findings of the EPF Appellate Tribunal.
LLR Mad. HC 876
Division Bench will not interfere with the order of reinstatement.
LLR P&H HC 820
Back-wages on reinstatement are discretionary.
LLR Guj. HC 811
Interpretation of statute should tilt in favour of whom it is enacted.
LLR Pat. HC 807
Construction of residential house will be covered by Payment of Wages Act.
LLR P&H HC 841
Dismissal for retaining key of the power house will be too harsh.
LLR Bom. HC 822
A Government body can’t contend its inability to pay minimum wages.
LLR Del. HC 827
Labour Court will not interfere in stoppage of increments.
LLR Karn. HC 844
There is no distinction between a permanent and a muster roll employee for applicability of section 25-F of the I.D. Act.
LLR Del. HC 791
Many factors to be considered for grant of back wages on reinstatement.
LLR Guj. HC 811
Ex-parte proceedings under Payment of Wages Act can be set aside within 30 days.
LLR P&H HC 841
Every employer has to pay wages in conformity with the minimum wages.
LLR Del. HC 827

An employee cannot be retired in the absence of specific clause in the appointment letter.
If the terms and conditions are not specified in the appointment letter, an employee will note be bound to abide by subsequent conditions.
Before availing leave, an employee has to apply and get it sanctioned.
When an employee is appointed for a fixed period, no notice or compensation will be payable on his termination.
An employee cannot be transferred only when there is a specific clause in the appointment letter.
Once a benefit is extended to an employee, it cannot be withdrawn by the employer.
House Rent Allowance and overtime payment does not attract provident funds contributions.
Absence/late coming, when habitual will justify dismissal from service.