Labour Law Reporter

JUDGMENTS OF NOV 2011

Employers need not pay provident fund higher than prescribed limit.
LLR Supreme Court 1130
A vague charge-sheet will vitiate enquiry.
LLR Supreme Court 1121
Delinquent should be heard when Disciplinary Authority differs with Enquiry Officer.
LLR Supreme Court 1121
Gross indiscipline will justify termination.
LLR P&H HC 1164
Gratuity can’t be claimed before the Labour Court.
LLR AP HC 1170
Compensation, not reinstatement, appropriate when the workman worked for a short period.
LLR Del. HC 1143
Travelling allowance is excluded from ‘wages’ under ESI Act.
LLR AP HC 1174
Allowances not included while calculating overtime.
LLR Ker. HC 1168
A charge-sheet for theft should be precise.
LLR Mad. HC 1149
Charge of theft against workman must be supported with evidence.
LLR Mad. HC 1149
Notification of coverage can be challenged in EPF Tribunal.
LLR Bom. HC 1148
A settlement with majority union binds all including non-members.
LLR Del. HC 1133
Settlement for specific duration will remain effective till substituted.
LLR Del. HC 1133
An Award, based on bad reference, will be illegal.
LLR Del. HC 1133
Removal justified when the employee neither complies transfer nor appears before medical board.
LLR Del. HC 1139
Dispensation of enquiry appropriate when not possible.
LLR Del. HC 1139
Completion of 240 days work will attract section 25F of I.D. Act.
LLR Del. HC 1143
An Award can’t be set aside after 30 days of its publication.
LLR Karn. HC 1166
Nature of duties, not designation, is determining factor for 'workman'. Karn.
LLR HC 1166
Order of EPF Tribunal, without hearing Appellant, will be set aside. Bom.
LLR HC 1146
High Court will interfere when the Award is not supported with reasons.
LLR AP HC 1170
Mere submission of application cannot be presumed the grant of leave.
LLR Del. HC 1197
Enquiry will be vitiated when Enquiry Officer appeared as witness.
LLR P&H HC 1188
Bias against Enquiry Officer is untenable without supporting reasons.
LLR P&H HC 1164
Non-supply of list of documents would not vitiate an enquiry
LLR P&H HC 1164
Levy of damages for delayed deposit of contributions, without ascertaining its frequency, not proper.
LLR Mad. HC 1156
Functional integrality of establishments to justify clubbing for coverage under Provident Funds Act.
LLR Supreme Court 1124
Termination of dishonest employee will not be interfered.
LLR Del. HC 1210
Dismissal is proper when the employee lost confidence of employer.
LLR Del. HC 1210
A mistake can always be corrected at any time.
LLR Ker. HC 1168
Protection from illegal termination only when workman worked for 240 days.
LLR P&H HC 1215
Full back wages proper when employment not established.
LLR P&H HC 1217
Termination of probationer during probation can’t be illegal.
LLR Del. HC 1208
Non-compliance of 25 F of ID Act will attract reinstatement with full back wages.
LLR P&H HC 1218
No compensation when the driver was killed by another driver.
LLR AP HC 1221
Non-compliance of transfer order establishes serious misconducts.
LLR Del. HC 1197
Dismissal justified when employee fails to comply transfer order.
LLR Del. HC 1197
Unless some prejudice is shown, the Principal can be the Presenting Officer in the enquiry.
LLR Del. HC 1201
Courts will not interfere with enquiry when the delinquent failed to participate.
LLR Del. HC 1201
Pre-deposit for maintainability of appeal before EPF Appellate Tribunal against escaped amount is not necessary.
LLR Bom. HC 1193
An Award of Labour Court is not justified if it has failed to appreciate the recorded evidence.
LLR Del. HC 1191
Termination is untenable when enquiry is vitiated.
LLR P&H HC 1188

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.