Labour Law Reporter

JUDGMENTS OF OCT. 2011

Challenging termination after accepting VRS dues only on refund.
LLR Supreme Court 1009
Fixed-term employees not entitled to regularization.
LLR Bom. HC 1059
Principle of ‘equal pay for equal work’ not to apply for casual workers.
LLR Del. HC 1080
Transfer of an employee not to be interfered by the Court.
LLR All. HC 1084
An enquiry can be interfered only when there is perversity.
LLR MP HC 1049
Contract labour system exploits workers.
LLR Supreme Court 1079
Provident Fund Act will continue to apply even when the employees are reduced to less than 20.
LLR Mad. HC 1074
Doctors being equal to God, not to issue false certificates.
LLR Karn. HC 1043
Back-wages on reinstatement is not a rule of thumb.
LLR Bom. HC 1020
An employee, performing managerial functions, not to be a workman.
LLR Del. HC 1066
Reinstatement is proper when the employee was frightened to resign.
LLR All. HC 1084
Compensation Commissioners require training in Judicial Academies.
LLR Karn. HC 1043
Dismissal justified for levelling frivolous allegations against a senior officer.
LLR Del. HC 1011
On transfer of establishment, vendee is also liable for provident fund dues.
LLR Mad. HC 1074
Heart attack, resulting into death, is an accident for compensation.
LLR Ker. HC 1071
After accepting the dues, VRS can’t be challenged.
LLR Supreme Court 1009
Appeal, not writ petition, is the remedy for challenging the order of EPF Authority.
LLR Del. HC 1082
‘Wages’ under I.D. Act include travelling concession etc.
LLR Guj. HC 1092
No limitation for application under section 33C (2) of the I.D. Act.
LLR Guj. HC 1092
Consequential relief on reinstatement mean back-wages on higher post.
LLR P&H HC 1090
Notice of voluntary retirement can be withdrawn before the effective date.
LLR Guj. HC 1096
Globalization/liberalization can’t be at the cost of human exploitation.
LLR Supreme Court 1079
Employer has to contradict the list of employees given by provident fund authority.
LLR Del. HC 1013
No regularisation of a workman in the absence of specific reference.
LLR Bom. HC 1020
Compensation is appropriate when a daily-wager raised dispute after 10 years.
LLR Bom. HC 1023
Bank guarantee will be acceptable as pre-deposit for appeal before EPF Tribunal.
LLR Del. HC 1018
Retrenchment justified when the Department is shut down.
LLR Del. HC 1016
A resignation not containing allegations of ‘frustration’ can’t be withdrawn.
LLR Karn. HC 1046
Acceptance of voluntary retirement is always at discretion of the Management.
LLR Karn. HC 1046
Retrenchment compensation appropriate when permission not taken.
LLR Mad. HC 1028
Purchaser will not pay the arrears of provident fund of earlier owner.
LLR HP HC 1032
Removal of the bank officer, for granting extra loan, will not be set aside.
LLR All. HC 1036
Ex-parte order by EPF Tribunal is to be set aside.
LLR Bom. HC 1052
Back-wages can’t be denied because of agricultural income.
LLR Bom. HC 1055
Check-off facility to a union already allowed cannot be stopped.
LLR Mad. HC 1076
No relief to workmen who failed to prove 240 days of continuous work.
LLR Bom. HC 1059
Back-wages not justified when the workmen failed to establish unemployment.
LLR Bom. HC 1059
Reinstatement even to a daily wager is proper in the absence of enquiry or compensation.
LLR P&H HC 1086
High Court has limited powers with the order of the Tribunal declining to accord approval for dismissal.
LLR Del. HC 1113
Awarding exorbitant compensation without appreciating evidence is not proper.
LLR Karn. HC 1043
A Judge must be conscious of human suffering and human feeling.
LLR AP HC 1105
Interest on back-wages is justified.
LLR Guj. HC 1092
After conducting the enquiry into the misconduct it can’t be contended that workman was temporary.
LLR Bom. HC 1020
Disciplinary Authority can change its views after receiving explanation to the show-cause notice.
LLR MP HC 1049
Accident compensation can be claimed either in civil suit or under Employees’ Compensation Act.
LLR MP HC 1050
Various factors are relevant for granting relief to a terminated workman.
LLR All. HC 1024
Reliance by Labour Court, on zerox copies of the documents, is erroneous.
LLR Bom. HC 1059
Rejecting compensation claim, on technical grounds, would result in great injustice.
LLR AP HC 1105

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.