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JUDGEMENT OF THE MONTH ARTILES OF THE MONTH

:: A JURISDICTIONAL ERROR OF LABOUR COURT CAN BE — Corrected by High Court in exercise of its power. (Bom. H.C. 306)

:: AN EMPLOYEE IN RESPECT OF WHOM THE CONTRIBUTION PAID - Has to be treated as an insured person. (Ker. H.C. 348)

:: COMPLETE DENIAL OF PROMOTION FOREVER — Cannot be comprehended under our constitutional scheme. .. (S.C. 288)

:: DECEASED WAS TRANSFERRED TO APPELLANT — Deceased was rightly held in employment of appellant. (Bom. H.C. 224)

DISMISSAL WITH RETROSPECTIVE EFFECT NOT VALID — Not in accordance with law. . (S.C. 271)

:: EMPLOYER WOULD BE EQUALLY ACCOUNTABLE — For non-implementation of award . (Bom. H.C. 314)

:: ENTERTAINMENT AND GRANT OF RELIEF — Under Article 226 of Constitution is discretionary. . (Pat. H.C. 355)

:: IN ABSENCE OF ANY COGENT REASONS, THE LABOUR COURT — Has committed error in lessening punishment. . (Ori. H.C. 244)

:: IN ABSENCE OF ANY DISCUSSION AND REASON — Award of compensation by Labour Court cannot be sustained. (Bom. H.C. 301)

:: IN ABSENCE OF AVERMENT IN COMPLAINT — Managing Director cannot be prosecuted under ESI Act. (Ker. H.C. 343)

:: NO EMPLOYEE HAS RIGHT TO PARTICULAR POSITION — In the seniority list. . (S.C. 288)

:: ONCE A SERVICE IS MERGED WITH ANOTHER SERVICE — Merged service loses its original identity. (S.C. 288)

:: QUESTION OF MAINTAINABILITY OF SUIT IS PRIMA FACIE FACTOR — To determine the prima facie case to go for trial. ( Cal. H.C. 333)

:: SECTION 33 (2) (b), I.D. ACT COMES INTO PLAY — Only if there is any misconduct . (Bom. H.C. 373)

:: THE EXPRESSION ‘SON' UNDER U.P. DYING IN HARNESS RULES — Includes the “ adopted son”. .. (Alld. H.C. 212)

:: THE EXPRESSION “PERMANENT DISABLEMENT” — Operates only under section 140, M.V. Act not under section 163-A, M.V. Act. (Ker. H.C. 351)

:: WRIT JURISDICTION CAN BE EXERCISED — To correct also the miscarriage of justice. . (Bom. H.C. 221)

:: ABSENCE OF WORKMAN FOR A LONG PERIOD — May amount to abandonment of service. (Alld. H.C. 495)

:: AS HE WAS ENGAGED AS AN APPRENTICE, HE WAS RIGHTLY — Disengaged after apprenticeship was over. (Alld. H.C. 397)

:: DECEASED WAS AN EMPLOYEE DRIVER OF OWNER — Compensation with interest rightly awarded . (H.P. H.C. 463)

:: DEFINITION OF WORKMAN DOES NOT MAKE ANY DISTINCTION — Between full time and part time employee . (P&H H.C. 528)

:: EMPLOYEE NOT WORKING AGAINST ANY SANCTIONED POST — Cannot claim parity and regularisation . .. (S.C. 538)

:: “FOREST” AN INDUSTRY WITHIN SECTION 2 (j) OF ACT. (Guj. H.C. 460)

:: FOR NON-COMPLIANCE OF SECTION 30, W.C. ACT — Court has no other option except to dismiss the appeal. . ( Mad. H.C. 479)

:: INDUSTRIAL COURT COMMITTED A SERIOUS ERROR OF LAW — In not following para 22 of S.C. Judgment in Cooper's case. (Bom. H.C. 416)

:: LABOUR COURT COULD NOT FORCE IMPLEMENTATION OF — Revised pay scale from a particular date . (P&H H.C. 390)

:: MERE NOMENCLATURE IS NOT THE SOLE FACTOR — To decide the status of a person . ( Cal. H.C. 541)

:: ONCE DOMESTIC ENQUIRY IS HELD TO BE BAD IN EYE OF LAW — Fresh evidence needs to be adduced . . (Kar. H.C. 386)

:: ONCE THE CLAIM OF PETITIONER FOR VOLUNTARY RETIREMENT ACCEPTED — He ceased to be an employee of company. (Alld. H.C. 505)

:: PENALTY UNDER W.C. ACT CAN BE AWARDED ONLY AFTER — Issuing an appropriate show cause notice . .. ( Del. H.C. 516)

:: PUNISHMENT OF REMOVAL FROM SERVICE IN CORRUPTION CASE — Not disproportionate to delinquency . . (S.C. 532)

:: SECTION 17-B I.D. ACT IS ATTRACTED IF EMPLOYER HAS CHALLENGED — The award of reinstatement in High Court and Supreme Court. . (S.C. 549)

:: SECTION 4 (6) OF GRATUITY ACT COMES INTO PLAY IF GRATUITY IS — Withheld as a measure of punishment . (Jhr. H.C. 470)

:: TERMINATION WITHOUT ANY WRITTEN ORDER IN VIOLATION OF SECTION 25-F — Termination was illegal and unjustified . ( Del. H.C. 437)

:: WORKMAN NOT IN EMPLOYMENT AFTER TERMINATION — But the dispute does remain an industrial dispute. . (Guj. H.C. 452)

:: A CONTRACT EMPLOYEE IF CLAIMS IS AN EMPLOYEE OF PRINCIPAL EMPLOYER — He has to show that contract is sham. . ( Del. H.C. 694)

:: APPELLANT IS NOT IN A POSITION TO DO ANY NORMAL WORK — Loss of earning capacity of claimant is 100%. . ( Mad. H.C. 738)

:: CERTIFICATE OFFICER (GRATUITY) CANNOT GO INTO MERITS — Which were determined by Controlling Authority (Gratuity). .. ( Cal. H.C. 583)

:: CLAIMANT SON OF DECEASED DAILY WAGER NOT — Entitled to get relief of compassionate appointment . (Guj. H.C. 714)

:: CONSEQUENTIAL BENEFITS TO AN EMPLOYEE — Do not mean only back wages but other things also. .. (Ori. H.C. 746)

:: CUT-OFF DATE UNDER CIRCULAR DATED 5.6.2010 FOR GRATUITY — Neither arbitrary, irrational nor offends Article 14. (Guj. H.C. 707)

:: DAMAGES LEVIED FOR DELAY IN PAYMENT OF EPF CONTRIBUTION — Order setting aside by EPFAT is quashed . .. (Bom. H.C. 653)

:: DENIAL OF BACK WAGES ON REINSTATEMENT WITHOUT — Any reason was improper and illegal . . ( Del. H.C. 677)

:: DISPROPORTIONALITY OF PUNISHMENT — Needs to be considered by Labour Court . (Bom. H.C. 666)

:: GRATUITY ACT ALSO APPLIES — To employees of Wakf Board . .. (P&H H.C. 755)

:: NOT GRANTING REGULARISATION TO PRESENT — Similarly situated employees not justified . .. (S.C. 605)

:: ORDER REFUSING TO RECOGNIZE PROTECTED WORKMAN — An element of discretion vested with employer . .. (Kar. H.C. 725)

:: PROMOTION TO HIGHER POST CANNOT BE — Insisted as a matter of right . (S.C. 598)

:: SERIOUS CHARGE OF MISCONDUCT PROVED — Dismissal from service is only appropriate punishment . .. (Kar. H.C. 718)

:: TRANSFER IS AN EXIGENCY OF SERVICE — Does not constitute a stigma or punishment . . (Alld. H.C. 612)

:: UNAUTHORISED ABSENCE — A very serious misconduct . ( Del. H.C. 678)

:: WITHDRAWAL OF CONCESSION WAS INFACT — Change in conditions of service . .. (Alld. H.C. 623)

:: A PRINCIPAL EMPLOYER CAN HAVE DUAL CAPACITY - As an employee also. (Ker. H.C. 870)

:: APPROPRIATE GOVERNMENT DOES NOT EXERCISING ANY ADJUDICATORY FUNCTIONS - If satisfied , can make a reference. .. (Bom. H.C. 795)

:: BONUS IS BENEFIT CAPABLE OF BEING - Computed under section 33-C (2) of I.D. Act. (H.P. H.C. 863)

:: CLAIMANT WAS WORKING AS COMMISSION AGENT - Company can terminate agreement . (P&H H.C. 957)

:: DEPOSIT OF INTEREST OR PENALTY IS NOT CONDITION PRECEDENT - For preferring an appeal under Workmen's Compensation Act. ( Mad. H.C. 888)

:: EMPLOYEES OF INDEPENDENT CONTRACTOR COULD NOT BE - Held as employees of principal employer . ( Mad. H.C. 885)

:: PERCENTAGE OF DISABLEMENT NOT TO BE REDUCED BY TRIBUNAL - Which the Medical Board has assessed. (Guj. H.C. 834)

:: SALE OF PROPERTIES BY FINANCIAL CORPORATION BY ITSELF - Cannot destroy the rights of workmen. (S.C. 782)

:: SLP IN PETTY MATTERS WHERE LITIGATION COST IS HUNDRED TIMES - Expenses of litigation shall be incurred by concerned officer. .. (S.C. 906)

:: SUBSTITUTION OF WORD “STIPEND” IN PLACE OF - “Payment allowances” is patently illegal. . (Alld. H.C. 789)

:: ‘ TIFFIN ALLOWANCES' PAYABLE IF WORKER REMAINED IN FACTORY - Not covered under ‘back wages' under Act. (Bom. H.C. 799)

:: TRANSFER OF CONSTABLE OF CIVIL POLICE TO GRP - Who has put more than ten years service, not prohibited. . (Alld. H.C.–F.B. 928)

:: UNAUTHORISED LONG ABSENCE FROM SERVICE IS MISCONDUCT - Doctrine of proportionality cannot be applied. . (S.C. 772)

:: VERY FACT OF ISSUE OF MEMO GOES TO SUGGEST THE - Existence of relationship of employer -employee. . ( Del. H.C. 824)

:: VIOLATION OF PROVISION OF CLRA ACT DOES NOT GIVE - Automatic absorption to workman in establishment. (Jhr. H.C. 850)

:: DECEASED WAS NOT SHOWN AS AN EMPLOYEE IN E.S.I.C. — Hence liability in case does not fall upon E.S.I.C. . (Del. H.C. 1078)

:: EVEN A SINGLE ADVERSE ENTRY WITHHOLDING INTEGRITY — Would be sufficient for compulsory retirement. (Alld. H.C. 999)

:: EXECUTIVE ORDER/G.O. CANNOT SUPPLANT THE RULES — Framed under the proviso to Article 309 of Constitution. . (S.C. 966)

:: HIGH COURT HAS WRIT JURISDICTION INSPITE ALTERNATIVE REMEDY — Specially if authority shown to have no jurisdiction. (M.P. H.C. 1067)

:: IF ANY ESTABLISHMENT IS A FACTORY — It falls under coverage of ESI Act. (Bom. H.C. 1044)

:: IF CONTRACT IS NOT GENUINE, INDUSTRIAL TRIBUNAL — Would have jurisdiction to decide the issue. ( Cal. H.C. 1101)

:: IN ABSENCE OF A VALID PERMISSION, NO CONTRIBUTION BE MADE — Under P.F.&P. Scheme beyond statutory limit. .. (Pat H.C. 1114)

:: INDUSTRIAL COURT HAS NO JURISICTION TO DETERMINE — Whether contract labour system should be abolished. ( Cal. H.C. 1102)

:: PETITIONER NOT LEVIED CESS UNDER ANY LAW — He is not entitled to exemption from workers welfare cess. (Ker. H.C. 1075)

:: PREPARATION OF FOOD IN KITCHEN BY LPG — Is a manufacturing process . (Bom. H.C. 1044)

:: PROVISION OF SECTION 114 R/W ORDER XLVII, C.P.C. — Not applicable to writ proceedings . (Alld. H.C. 1005)

:: RECOVERY OF EXCESS SALARY PAID CANNOT BE PERMITTED — From out of pensionary and retiral benefits. (Bom. H.C. 1037)

:: RESPONDENT WAS REMOVED AT CHANDIGARH — Labour Court Chandigarh has jurisdiction . (P&H H.C. 1063)

:: RETRENCHMENT OF SURPLUS WORKMEN — Due to close of department not bad. . ( Del. H.C. 1087)

:: SENIORITY OF A GOVERNMENT SERVANT — Not a vested right. (S.C. 977)

:: STOPPAGE OF ANNUAL INCREMENTS WITH CUMULATIVE EFFECT — Amount to major penalty. .. (Jhr. H.C. 1027)

:: THERE IS NO LIMITATION FOR RECOVERY OF ARREARS — Period of limitation will not apply in E.S.I.C. Act. (Pat. H.C. 1110)

:: TRAINED APPRENTICES UNDER RULES DO NOT HAVE — Any vested right of reference in selection. (S.C. 966)

:: Labour Problems and Solutions - by Vipul Kharbanda

:: SOME REFLECTIONS IN INDUSTRIAL AND SERVICE JURISPRUDENCE : THE CONCEPT OF “PROPORTIONALITY OF PUNISHMENT” IN DISCIPLINARY PROCEEDINGS : AN APEX JUDICIAL DICTUM By Ajaya Kumar Samantaray

:: REPORTING DUTY, AS DRUNK, WILL JUSTIFY DISMISSAL By. Gaurav Kumar, Advocate

:: Digest of EPF Appellate Tribunal

:: Article - EX-GRATIA CAN’T BE CLAIMED AS OF RIGHT - by Advocate Gaurav Kumar

:: Workplace Solutions - by Anil Kaushik

:: Article = THE JUDGEMENT OF THE HONOURABLE HIGH COURT, ALLAHABAD ON U.P. CO-OPERATIVE SOCIETIES ACT, 1965 PUBLISHED IN “INDIAN FACTORIES AND LABOUR REPORTS” (131) 2011 AT PAGE 391 NEEDS REFERENCE TO THE LARGER BENCH - by D. C. Singh

:: Article - UNION ACTIVITIES AT WORKPLACE NOT PERMISSIBLE - by Gaurav Kumar

:: COMPENSATION FOR FATAL ACCIDENTS TO BE DEPOSITED WITH THE COMMISSIONER - By H. L. Kumar

:: SEXUAL HARASSMENT AT WORKPLACE - M.P. Srivastav

 

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LATEST CASES ON IMPORTANT ACTS
:: Building and Other Construction Workers' Welfare Cess Act, 1966 :: Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1966
:: Child Labour (Prohibition and Regulation) Act, 1986 :: Contract Labour (Regulation and Abolition) Act, 1970
:: Employee's Compensation Act, 1923 :: Employees' Provident Funds and Miscellaneous Provisions Act, 1952
:: Employees'' Provident Funds Scheme, 1952 :: Employees' State Insurance Act, 1948
:: Factories Act, 1948 :: Industrial Disputes Act, 1947
:: Industrial Employment (Standing Orders) Act, 1946 :: Minimum Wages Act, 1948
:: Payment of Bonus Act, 1965 :: Payment of Gratuity Act, 1972
:: Payment of Wages Act, 1936 :: Plantation Labour Act, 1951
:: Trade Unions Act, 1926
   
   
 
     
 
 
 
 
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