Labour Law Reporter

JUDGMENTS OF MAY 2011

Reinstatement with back-wages of a bank employee, guilty of misappropriation, is not proper.
LLR Supreme Court 449
Fixed-term employee’s service comes to an automatic end on completion of contractual period.
LLR Uttr. HC 509
Dismissal of Union leader for shouting abusive slogans is rightly upheld.
LLR Uttr. HC 495
A separate establishment can’t be merged with other for coverage under P F Act.
LLR Bom. HC 526
Dismissal of bus conductor for not issuing tickets to 21 passengers is proper.
LLR Bom. HC 521
A Society, imparting education to deaf, is to be covered by Minimum Wages Act.
LLR Del. HC 548
Acceptance of resignation 10 days before three-months’ notice period is not invalid.
LLR All. HC 493
No back-wages prior to regularisation to an ad hoc-basis worker.
LLR Del. HC 483
Reinstatement rightly awarded when S.25-F of I.D. Act was not complied.
LLR Raj. HC 517
An ex-parte enquiry, not erroneous, when delinquent failed to participate.
LLR Supreme Court 449
A driver, who lost his arm in accident, need not prove loss of earning capacity.
LLR Bom. HC 524
Striking name of workman for his unauthorized absence is improper.
LLR Guj. HC 536
For adopting other mode of recovery of ESI dues, 15 days’ notice is necessary.
LLR Mad. HC 545
Dismissal is untenable; when past record is not put to notice of the employee.
LLR Gau. HC 480
Retrenchment is not illegal when Management offered Banker’s cheque to workman.
LLR Ori. HC 477
Council for Research in Ayurveda & Siddha will be an ‘industry’.
LLR Raj. HC 469
Gratuity cannot be denied merely on undertaking that the employee will not claim.
LLR Mad. HC 457
Regularisation of temporary employees of LIC will not be tenable.
LLR All. HC 511
Reinstatement, with full back-wages, of a daily wager, not proper for not complying of S.25F of the I.D. Act.
LLR All. HC 516
Coverage under ESI, by clubbing Manufacturing Unit with Sales Office, would be proper.
LLR Del. HC 499
Compensation Commissioner cannot grant medical expenses to a workman.
LLR Guj. HC 484
An Enquiry Officer is not impartial if he acts as a prosecutor.
LLR Cal. HC 529
Assistant Engineer and Administrative Officer are not ‘workmen’.
LLR AP HC 532
Option for VRS, after acceptance by the employer, can’t be withdrawn.
LLR Del. HC 518
A design and development engineer will be a 'workman'.
LLR Guj. HC 536
Canteen subsidy to employees is not wages under the Provident Funds Act.
LLR Guj. HC 460
Reducing of retirement age from 60 to 58 years will not be a change in conditions of service section 9A of I.D. Act.
LLR Ori. HC 472
Recovery of ESI contributions after five years of earlier notice, is untenable.
LLR Jhar. HC 492
Section 2A of the Industrial Disputes Act cannot be invoked when not contended that resignations were obtained under duress.
LLR Mad. HC 486
Compensation in lieu of reinstatement proper when long time elapsed since termination.
LLR Cal. HC 529
Proving misappropriation can’t be expected beyond reasonable doubt.
LLR Bom. HC 521
Recovery of ESI dues can’t be stalled against a sick Company.
LLR Mad. HC 451
Reinstatement is not proper for non compliance of section 25F of the I.D. Act.
LLR Del. HC 505
Government can decline to refer a belated dispute.
LLR Mad. HC 534
No escape from interest on delayed payment of ESI contributions.
LLR Mad. HC 454
Pendency of BIFR proceedings is no bar for enforcing ESI Act.
LLR Mad. HC 454
An enquiry will not be vitiated when no prejudice caused on non-furnishing of report.
LLR Uttr. HC 495
No unfair labour practice if employees are engaged till filling of regular posts.
LLR All. HC 511
Reinstatement without back-wages of daily wager appropriate if terminated without compliance of section 25F of I.D. Act.
LLR (SN) HP HC 552
Reinstatement is proper for short absence without reliance of past conduct.
LLR (SN) Del. HC 551
Recovery of provident fund dues will be quashed, when the establishment is closed.
LLR (SN) Guj. HC 553
Company Judge cannot direct for payment of minimum wages under the Act.
LLR (SN) Pat. HC 553
Disciplinary proceedings can’t be initiated against an employee relieved after VR.
LLR (SN) Mad. HC 557
Provident Fund will continue on purchaser of an establishment from liquidator.
LLR (SN) Cal. HC 556
A collective dispute, affecting a large body of workmen, cannot be equated to an individual dispute as redressable under section 2-A of the Industrial Disputes Act.
LLR (SN) AP HC 556
When petitioners challenged their being relieved on the basis of VRS, they cannot raise an industrial dispute.
LLR (SN) AP HC 556
Awarding reinstatement with full back-wages, when the compensation to the workman was not paid simultaneously with his termination is justified.
LLR (SN) P&H HC 555
Cent per cent disability for compensation will be presumed when driver of the vehicle has lost his right eye.
LLR (SN) Uttr. HC 555
When petition of employer, seeking approval for dismissal of workman is rejected, workman will be entitled to reinstatement with back-wages.
LLR (SN) Mad. HC 554
Appropriate government for Agricultural Research will be Central Government; hence petition under Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices would not be tenable.
LLR (SN) Bom. HC 554
Where the activities pertaining to manufacturing process involving preparation of different articles from forest-produced are carried on and articles are sold in the market, such activities will be presumed to be carried on by manufacturing process and the establishment will be an ‘industrial establishment’.
LLR (SN) Bom. HC 557
An employee cannot be deprived of his right to avail the benefit of treatment under ESI Act after superannuation even if the employer fails to deposit the contribution since the employee should not suffer for the wrongs of employer.
LLR (SN) Mad. HC 557
Ex-parte Award passed by the Labour Court will not be interfered with and rejection of the application by the Management will not be tenable.
LLR (SN) Guj. HC 558
Unless the conclusions drawn by the Tribunal are perverse or not based on the evidence on record, it will not be interfered.
LLR (SN) Guj. HC 559
Merely that Archaeology is a Government Department, it is not enough to exclude it from the definition of ‘industry’.
LLR (SN) Guj. HC 559
When the casual workers or the daily-wagers, are not appointed as per rules and regulations and also if they were not called through the Employment Exchanges, they will not be entitled to the relief of reinstatement with back-wages on their termination.
LLR (SN) Guj. HC 558
Failure of the employer to pay retrenchment compensation and notice pay at the time of retrenchment, will justify reinstatement of the employee hence; it will not be interfered by the High Court under Article 227 of the Constitution of India.
LLR (SN) Guj. HC 560

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.