Labour Law Reporter

JUDGMENTS OF JUL 2011

Ex-parte enquiry will be proper when delinquent failed to participate despite notice.
LLR Supreme Court 673
When transfer of an employee affects his financial entitlement, Courts interference would be called for.
LLR Ori. HC 706
Clubbing of establishments is proper if there is functional and geographical proximity.
LLR Mad. HC 726
Canteen subsidy paid is not food concession to attract provident fund contribution.
LLR Guj. HC 717
Abandonment will be presumed when employee fails to comply with the transfer.
LLR Del. HC 708
Mere payment of bonus by the principal employer to the contract workers would not make them former’s employees.
LLR Cal. HC 771
Mere designation of apprentice or trainee will not deprive the status of a ‘workman’.
LLR Mad. HC 731
Staying of enquiry during pendency of the criminal trial is not proper.
LLR Del. HC 754
A Sub Division Officer is not empowered to act as Commissioner under the amended Employees’ Compensation Act.
LLR HP HC 766
Conveyance allowance will not attract ESI contribution.
LLR AP HC 776
Last drawn wages will be payable to a workman during pendency of proceedings in higher court even after superannuation.
LLR Del. HC 762
Workers of non-licensed contractor cannot be thrusted upon principal employer.
LLR Cal. HC 771
For a daily-wager, weekly offs and public holidays will not be counted for 240 days.
LLR Guj. HC 704
Consultancy services will be covered under ESI Act as a ‘shop’.
LLR Del. HC 687
Onus to prove Mala fide is on the person who alleges.
LLR Supreme Court 673
In a dispute for regularization, Tribunal can’t direct the principal employer not to terminate services of contract labour.
LLR Del. HC 682
Compensation will be proper for non-compliance of section 25-F of the I.D. Act.
LLR All. HC 697
Back-wages, instead of reinstatement, will be appropriate when the workman has only three more years to serve.
LLR All. HC 701
An enquiry cannot be held to be unfair on trivial points.
LLR All. HC 701
Transfer will not be interfered by the court unless it is mala fide.
LLR Gau. HC 735
Employer can suspend an employee during pendency of disciplinary proceedings.
LLR Del. HC 708
Regularisation of canteen employees not proper; when it was run by an independent establishment.
LLR Del. HC 739
A driver, with one eye, cannot drive the heavy vehicle properly.
LLR Ker. HC 748
50% instead of full back-wages appropriate; since no able-bodied person can remain unemployed.
LLR P&H HC 768
Burden of proof in an enquiry is not as stringent as in criminal trial.
LLR Del. HC 754
Reinstatement will not be denied merely because a long time has elapsed.
LLR Mad. HC 731
Daily-wagers would get payment for six days if there is five-days a week in the establishment .
LLR Bom. HC 752
Reinstatement will be quashed when a temporary employee could be terminated without notice.
LLR Bom. HC 750
Government can refer a dispute; but cannot adjudicate it.
LLR MP HC 695
Payment of last drawn wages during pendency of proceedings in the higher court is like unrecoverable suspension allowance.
LLR MP HC 693
Disciplinary Authority should give supporting reasons for initiating an enquiry.
LLR Supreme Court 673
Back-wages, on reinstatement, will not be proper in the absence of gainful employment.
LLR Mad. HC 731
Confirmation of punishment, without opportunity to delinquent, is to be set aside.
LLR Bom. HC 770
Control over contract labour is the determining factor for relationship of employee with principal employer.
LLR Cal. HC 771
If a workman is called upon first to produce evidence, it will render the enquiry illegal.
LLR Raj. HC 680
Initial action when not legal, subsequent proceedings will not be sanctified.
LLR Supreme Court 673
Under ESI Act, a shop is given extended meaning.
LLR Del. HC 687
Reinstatement of a bank employee, who failed to comply with transfer order, is not proper.
LLR Del. HC 708
It is always for employer to take steps to lead evidence first against delinquent workman in enquiry.
LLR Raj. HC 680
Reinstatement of contract labour, without finding that the contract was sham, to be set aside.
LLR Cal. HC 771
A dispute pertaining to dismissal of a workman need not be through the Union.
LLR Mad. HC 731
Transferring an employee, after 21 days of earlier transfer, not justified.
LLR Ori. HC 706

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.