Labour Law Reporter

JUDGMENTS OF MARCH 2011

Personal property of a Director can’t be attached for ESI dues.
LLR Mad. HC 289
Allowances, even forming part of minimum wages, will not attract provident fund contribution.
LLR P&H HC 316
Prosecution of a Courier Company not being a factory is to be quashed.
LLR Mad. HC 292
Employer can retain talented employee on VRS.
LLR Supreme Court 225
Minimum wages can’t be split into house rent allowance for payment of bonus.
LLR Del. HC 236
Goldsmiths paid for the piece-meal work will not be employees for coverage under Provident Funds Act.
LLR Jhar. HC 305
Compensation, in lieu of reinstatement, will be appropriate when workman has lost confidence.
LLR Mad. HC 269
Compensation proper when abandonment by workman not proved.
LLR Del. HC 312
Damages on delayed payment not legal if there remains no default on the date when levied.
LLR Del. HC 231
EPF Appellate Tribunal can reduce or waive the damages levied by Provident Authority.
LLR Bom. HC 332
Termination of contractual employment will not amount to retrenchment.
LLR Guj. HC 260
Dismissing claim of the dependents of deceased merely because he was consuming alcohol and smoking is unjustified.
LLR Karn. HC 310
Gratuity can be forfeited only for prescribed misconducts.
LLR Guj. HC 265
For calculation of bonus, the departments and branches, having separate balance sheets, are to be treated independently.
LLR Mad. HC 272
Transfer not justified when there is no vacancy.
LLR Cal. HC 293
A temple will not be an ‘industry’ under I.D. Act.
LLR Guj. HC 261, 262
Exemption under Provident Funds only when the employer offers better benefits.
LLR P&H HC 302
Reinstatement of a fixed-term employee is not proper.
LLR Guj. HC 262
Minimum Wages Act not applicable upon Society registered under Tamil Nadu Co-operative Societies Act.
LLR Mad. HC 283
High Court can direct the government to refer the dispute of transferred employees.
LLR Mad. HC 275
Labour Court not to interfere with findings of the Enquiry Officer and substitute its subjective opinion.
LLR Mad. HC 286
It is not always for the Management to establish validity of an enquiry.
LLR Mad. HC 286
Back-wages on reinstatement not justified in the absence of evidence of unemployment.
LLR All. HC 245
Damages on delayed payment of EPF contributions of a Society is to be quashed when justifiable reasons are given.
LLR Del. HC 231
Workman can raise dispute even after receiving benefits of VRS.
LLR Del. HC 315
Applicability of Building and OCW Act not to be excluded upon a factory under construction.
LLR Ori. HC 322
Reinstatement proper when negligence of an employee was negligible.
LLR Mad. HC 284
While waiving the deposit of amount, the EPF Appellate Tribunal must give reasons.
LLR P&H HC 235
Dismissal of bus conductor, guilty of misappropriation, will not be interfered.
LLR Mad. HC 329
An ex-parte Award can be set aside within 30 days of its knowledge.
LLR Del. HC 242
Workers, even engaged through the contractor, will get minimum wages in the scheduled employment.
LLR AP HC 250
For claiming last drawn wages by a reinstated workman, gainful employment would also include self-employment.
LLR Guj. HC 257
An employer aggrieved by the order of the provident fund authority can file appeal, not writ petition.
LLR Uttr. HC 308
Haryana State Agricultural Marketing Board, being a local authority, is not covered by the Bonus Act.
LLR P&H HC 301
Labour Court not to become functus officio for recalling the ex-parte order.
LLR Del. HC 244
Termination of an employee, engaged on temporary basis, will not be deemed illegal.
LLR Guj. HC 254
Period for daily wage working will not be considered for computing 240 days.
LLR Del. HC 333
Payment of last drawn wages during pendency of proceedings in the higher court will accrue from institution of application.
LLR Guj. HC 267
Reinstatement of driver proper when employer failed to state that he has caused a fatal accident.
LLR Mad. HC 281
While fixing the appeal outside Delhi, the EPF Tribunal to enquire from the counsel for his consent.
LLR Del. HC 240
Transfer of Chemical Engineer assigning as Sales Manager from Durgapur to Calcutta, not justified.
LLR Cal. HC 293
Proceedings under section 45-A ESI and under section 75 of the Employees’ State Insurance Act are distinct.
LLR AP HC 247
Reversion of workers will be null and void when violative of section 33(1)(a) of I.D. Act.
LLR Mad. HC 278
Prosecution of exempted employer under Minimum Wages Act, will not be tenable.
LLR Pat. HC 306
Withdrawal of recognition of a union will not be interfered.
LLR All. HC 246
Government cannot delve into the merits of a dispute.
LLR Jhar. HC 304
Railway canteen employees getting privileges will be its employees.
LLR Del. HC 319

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.