Labour Law Reporter

HRD & LABOUR LAW REFERENCER CUM DIARY - 2011 + Chart with a 2011 calendar

JUDGMENTS OF JAN 2012

An employee, guilty of theft, is not entitled to any relief in adjudication.
LLR Supreme Court 8
A trade union can’t oppose promotion on the plea that it will reduce its membership.
LLR Supreme Court 79
No reinstatement to an employee who loses management’s confidence.
LLR Supreme Court 8
A workman cannot be forced to work with a different employer without his consent.
LLR Supreme Court 76
Reinstatement is not a rule in every case of wrongful termination.
LLR Supreme Court 1
Nature and scope of departmental enquiry vis-à-vis criminal proceedings are different.
LLR Supreme Court 8
HRA, overtime, bonus, commission, washing allowances will not attract EPF contributions.
LLR Del. HC 22
Assaulting of superior at a workplace is gross indiscipline to justify dismissal.
LLR AP HC 53
A legal advisor on monthly retainership not a ‘workman’.
LLR P&H HC 26
Probationers are not entitled to demand reason for their termination.
LLR P&H HC 46
Cess on building construction is charged for special service rendered to individual’s agency.
LLR Supreme Court 1
Special allowance, DA, conveyance and other allowances paid to all employees would be treated as basic wages.
LLR MP HC 42
Ex-parte enquiry justified in the absence of stay.
LLR Mad. HC 34
Reinstatement with full back-wages is not a rule when termination is held illegal.
LLR All. HC 59
Habitual absence of the workman amounts to grave misconduct.
LLR Karn. HC 70
Denial of representation in enquiry, by a Union leader violates principles of natural justice.
LLR Mad. HC 95
He, who alleges unfair labour practice, must plead and prove.
LLR Supreme Court 79
Punishments of dismissal are to be rarely interfered by Labour Court under section 11A of I.D. Act.
LLR AP HC 53
Deductions can be challenged before Authority under Payment of Wages Act only when wages are less than prescribed ceiling.
LLR AP HC 48
Workers or Union must be impleaded while challenging coverage under ESI Act.
LLR MP HC 73
Compensation in lieu of reinstatement is appropriate when workman has worked for 240 days before termination.
LLR Supreme Court 1
Workers have a right to seek promotion.
LLR Supreme Court 79
A worker can’t be denied representation in enquiry by a union leader when employer is represented by a legally trained person.
LLR Mad. HC 95
If dismissal is disproportionate to misconduct, reinstatement with consequential benefits should result.
LLR Del. HC 86
A workman not opting for service on change of ownership will be entitled to retrenchment compensation from transferor.
LLR Supreme Court 76
A shift supervisor is not a ‘workman’.
LLR Mad. HC 30
Discharge of a bus driver for rash driving and causing accident not justified.
LLR Guj. HC 43
Payment of last drawn wages u/s 17B of the I.D. Act are not refundable.
LLR Del. HC 16
Failure of contractor’s workers to prove that they are directly appointed will not make the contract as sham.
LLR Del. HC 16
Preliminary findings can’t be challenged in writ petition.
LLR Mad. HC 34
Certifying Officer should ensure that a proper mechanism for representation of workman in enquiry is provided while certifying the Standing Orders.
LLR Mad. HC 95
Principles of natural justice not violated for non-supply of documents with the charge-sheet when charges are admitted.
LLR Del. HC 89
Labour Court should not have modified dismissal of workman for habitual absence.
LLR Karn. HC 70
Requirement of “proof beyond doubt” is not necessary in departmental inquiry.
LLR Guj. HC 43
Writ petition against preliminary findings of the lower court is not entertainable.
LLR Mad. HC 34
An order of reference can’t be challenged in High Court.
LLR Del. HC 19
Determination of money towards damages for delayed payment of provident fund must be clear.
LLR Mad. HC 37
Manpower suppliers will have the principal relationship for provident fund purposes.
LLR Del. HC 22
A plea, not taken before the concerned authorities under an EPF Act, not tenable before Reviewing Authority.
LLR MP HC 42
Creating avenues for promotion of the workmen would not require notice of change.
LLR Supreme Court 79
Disciplinary proceedings not vitiated for non-supply of documents if no prejudice has been suffered.
LLR Del. HC 89
High Court, in writ jurisdiction, not to interfere in factual findings of the Labour Court.
LLR Mad. HC 30
A dispute can be referred when employer denies ‘employer-employee’ relationship.
LLR Del. HC 19
EPF Appellate Tribunal has to consider all relevant aspects instead of passing stereotype order.
LLR Bom. HC 14
Standard of proof required in criminal trial is beyond reasonable doubt but not in domestic enquiry.
LLR Supreme Court 8
An industrial settlement aims at industrial peace and harmony.
LLR Supreme Court 79
Dismissal of a Bank Branch Manager is not justified when only one of 4 charges partly proved.
LLR Del. HC 86
Reference order is an administrative function.
LLR Del. HC 19
Offering of promotion with open mind will not be treated as unfair labour practice.
LLR Supreme Court 79

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.