Law Publishing House - Important Judgements & Journals from Factores and Labour Reports

ANY AMOUNT PAID BY MISTAKE-Must be recovered after rectifying mistake. (S.C. 7)
CALCULATION OF WORKMEN'S COMPENSATION, WAGES-To be taken, which was prevalent on date of accident. (Ori. H.C. 175)
COCONUT IS NOT A FRUIT AND-Coconut industry is not a fruit industry. (Del. H.C. 32)
ENGAGEMENT OF SECURITY MEN THROUGH CONTRACTORS-Not prohibited, corporation can engage on contract. (A.P. H.C. 93)
GOVERNOR IS EMPOWERED TO REVIEW-Re-initiation of proceedings by Governor not bad. (S.C. 11)
HOTEL HAVING A KITCHEN RUN WITH ELECTRICITY-Is a factory within section 2(12) of ESI Act. (J&K H.C. 56)
IN ENQUIRY, MERE PRODUCTION OF DOCUMENT-Not enough, its contents have to be proved. (Alld. H.C. 78)
IN SELECTION, ACADEMIC ISSUES TO BE LEFT-To be decided by Expert body. (S.C. 69)
INTEREST ON GRATUITY AND LEAVE ENCASHMENT - Cannot be withheld by employer. (Del. H.C. 35)
MEDICAL PROFESSIONAL TREATING AND DIAGNOSING-Cannot be held as workman. (S.C. 191)
MERIT IS SOLE CONSIDERATION-For promotion to post of the Director. (S.C. 1)
POLICY IS A GENERAL INSURANCE- Covers the driver driving the vehicle. (Utt. H.C. 67)
REWRITING OF AWARD, WITHOUT ANY FRESH REFERENCE-. Itself was clearly impermissible. (Pat. H.C. 126)
SERVICE TERMINATED FOR NO FAULT OF HERS- Directing another enquiry is adding salt to injury. (S.C. 130)
WRIT PETITION SHOULD NOT BE ENTERTAINED -Against mere a show cause notice. (Ori. H.C. 181)
APPEAL, A CREATION OF STATUTE- Right of appeal cannot be assumed. (S.C. 233)
BADLI WORKER IF COMPLETED ONE YEAR-He would cease to be so. (Cal. H.C. 255)
CLAIMANT SUFFERED 100% LOSS OF EARNING CAPACITY-Entitled to claim 60% of monthly wages. (Bom. H.C. 326)
DISMISSAL FROM SERVICE FOR UNAUTHORISED ABSENCE IS-
Too harsh unless absence was wilful. (Mad. H.C. 268)
EMPLOYEE DRAWN FROM PUBLIC SECTOR UNDERTAKING- Entitled to pay protection from cut-off date. (S.C. 226)
G.O. SUBSTITUTING WORD-"Stipend" for word "pay and allowances" declared ultra vires. (Alld. H.C. 201)
INSTRUCTIONS GIVEN BY MANAGEMENT TO PUT GOODS ON WEIGHING SCALE-At the end of work shift, amounted to change in conditions of service. (S.C. 297)
NO APPEAL COULD BE FILED AGAINST DEMAND NOTICE-Issued under section 7-Q of E.P.F. Act. (S.C. 233)
ONE SET OF CONTRACTUAL/AD-HOC/TEMPORARY EMPLOYEE-Cannot be replaced by another such set of employees. (Raj. H.C. 286)
RESPONDENTS CAN CONTINUE AS OFFICE BEARERS OF UNION-Even after their retirement from service. (Mad. H.C. 373)
THE ORDER IMPOSING PENALTY CANNOT BE BASED-On general principles of law de hors the facts of case. (Bom. H.C. 321)
TO CONSTITUTE ABANDONMENT OF SERVICE, THERE MUST BE-Total and complete giving up of duties. (Cal. H.C. 342)
TO IMPLEMENT THE AWARD PASSED BY TRIBUNAL-Writ jurisdiction cannot be invoked. (Cal. H.C. 342)
TRIBUNAL COMMITTED ERROR IN MAKING FURTHER-Order of regularisation in services etc. (Bom. H.C. 331)
WITHOUT CANCELLING EARLIER CONTRACT, FRESH CONTRACT-Has no sanction of law. (Alld. H.C. 195)
WORKING IN EX-CADRE POST FOR A LONG TIME-Does not confer any right to continue on that post. (S.C. 312)
ADVERTISEMENT AND RULES DO NOT SAY ANYTHING ABOUT MINIMUM AGE ETC.- District and Sessions Judge below 35 age could be appointed. (S.C. 396)
AN ORDER OF DISCHARGE/ACQUITTAL BY CRIMINAL COURT - Shall not be a bar to award departmental punishment. (S.C. 525)
CLAIM NOT BASED ON ANY EXISTING RIGHT/ AGREEMENT - Cannot be entertained under section 33-C (2) of I.D. Act. (Bom. H.C. 470)
EXTENDING BENEFIT OF TRANSPORT ALLOWANCE TO - Hearing impaired employees at par with blind employees. (S.C. 387)
FINDINGS OF ADDL. LABOUR COMMISSIONER ARE ERRONEOUS - As no reason has been assigned. (Utt. H.C. 529)
LABOUR COURT CAN GO INTO MERITS OF EVIDENCE. - (Mad. H.C. 503)
LIABILITY OF PAYMENT OF ESI CONTRIBUTION TO BE FASTENED -For period from which the Act came into force. (P.&H. H.C. 518)
MINIMUM WAGES ACT CANNOT BE APPLIED TO - Employees of pharmaceutical industry. (Cal. H.C. 420)
NON-COMPLIANCE OF AWARD AND DENIAL OF RIGHT COMES - Within the mischief of item 9 of Sch. IV of M.R.T.U.& PULP Act, 1971 (Bom. H.C. 489)
PERSON WHO FULFILLS ELIGIBILITY CONDITION CANNOT - Be excluded from appearing in written examination. (S.C. 544)
PUNISHMENT CAN BE IMPOSED BY AN AUTHORITY - Higher than disciplinary authority. (S.C. 531)
PUNISHMENT OF REMOVAL CANNOT - Be discarded on ground of hardship. (S.C. 463)
RIGHT OF APPRENTICE TRAINEES IS LIMITED - Only to preference, other things being equal. (Alld. H.C. 404)
SUBSEQUENT NOTIFICATION OF MINIMUM WAGES WITHOUT - Withdrawing earlier notification, is invalid. (Cal. H.C. 419)
THERE IS NO VESTED RIGHT OF APPEAL TO SUPREME COURT - Against the final decision of Armed Forces Tribunal. (S.C. 460)
TOTAL WAIVER OF PRE-DEPOSIT OF EPF CONTRIBUTIONS CANNOT BE CLAIMED - When statute insists on 75% deposit. (Ker. H.C. 493)
ATTACHMENT PROCEEDINGS UNDER E.P.F. ACT NOT JUSTIFIED-Before expiry of 60 days period of appeal. (Mad. H.C. 676)
COMMISSIONER WORKMEN'S RIGHTLY AWARDED-Compensation and interest from date of accident. (S.C. 585)
COURT SHOULD NOT DIRECT ANY AUTHORITY TO DECIDE REPRESENTATION-If not provided under statutory provisions (S.C. 737)
DISCRETIONARY POWER UNDER SECTION 11-A, I.D. ACT OF LABOUR COURT-Should be exercised when order of dismissal found not justified. (S.C. 756)
EMPLOYEE IS ENTITLED TO GET THE BENEFIT UNDER E.S.I. ACT-For permanent loss of earning capacity to extent of 24%. (Cal. H.C. 637)
EMPLOYER CAN FORFEIT THE GRATUITY UNDER SECTION 4(6) OF ACT-If petitioner has caused loss to employer. (Del. H.C. 592)
HIGH COURT CAN TAKE COGNIZANCE OF ENTIRE FACTS-In equitable and discretionary writ jurisdiction. (S.C. 732)
IN CASE OF DISMISSAL FOR MISCONDUCT/ MISBEHAVIOUR WITH SUPERIORS- Labour Court rightly declined to exercise discretion. (S.C. 757)
MANAGING DIRECTORS, OCCUPIER, GENERAL MANAGER-Could not be held liable for violation of Factories Act/ Rules. (Kar. H.C. 670)
NO APPEAL AGAINST AWARD MADE BY WORKMEN'S COMMISSIONER-Maintainable unless a substantial question of law involved. (S.C. 587)
NO DEMAND/CLAIM CAN BE MADE UNDER E.S.I. ACT-Which is beyond five years of limitation. (Cal. H.C. 640)
ON ENQUIRY REPORT, OFFICER STRAIGHTAWAY ISSUED PUNISHMENT ORDER-Judgment of Tribunal interfering with well founded. (S.C. 754)
RELIEF AGAINST A DEAD PERSON CANNOT BE GRANTED-More so when legal heirs are not on record. (Alld. H.C. 618)
RETRENCHMENT AS A RESULT OF COMPUTERISATION-Without notice under section 9-A, I.D. Act was illegal. (Del. H.C. 651)
SALE OF PROPERTIES AFTER ATTACHMENT UNDER E.P.F. ACT-Would be void under Rule 16 (2) of Income Tax Act. (Mad. H.C. 595)
SUSPENSION MAY CAUSE STIGMA-Cannot be treated as punishment. (S.C. 738)
APPLICATION TO SET ASIDE EX PARTE AWARD FILED WITH DELAY-An opportunity to be given to applicant. (Kar. H.C. 833)
CAT CANNOT DIRECT FOR FRAMING SCHEME-For regularization or to create supernumerary posts. (P&H H.C.-F.B. 934)
COMPANY CANNOT BE PERMITTED TO RECOVER-Amount from gratuity, which is immune from recovery. (Ker. H.C. 857)
COURT CAN CONSIDER WHETHER THE PUNISHMENT-Was commensurate with charges levelled. (S.C. 914)
EXEMPTION NOTIFICATION WOULD NOT DENY CLAIM OF-Gratuity for service rendered by him. (Ker. H.C. 893)
IN CASE OF TERMINATION OF DAILY WAGERS-Grant of compensation more appropriate than reinstatement. (S.C. 901)
NO FAULT FOUND WITH TRANSFER ORDER-Administrative Tribunal grossly erred in quashing it. (Kar. H.C. 829)
OVERPAYMENT MADE ON WRONG FIXATION OF PAY-Cannot be recovered with no fault of his. (Bom. H.C. 884)
PETITIONER CLAIMED FALSE MEDICAL CLAIMS-Hence no interference with termination order. (Del. H.C. 821)
PETITIONER WAS REINSTATED WITH CONTINUITY-He is entitled to gratuity for period he was not in service. (A.P. H.C. 870)
PROVISION FOR SERVICE WEIGHTAGE IN MINIMUM WAGES-Provided in revision by Government, not bad. (Ker. H.C. 840)
REMOVAL FOR NO FAULT BUT FOR PRIVATE CIVIL DISPUTE-Direction to reinstate him forthwith. (Utt. H.C. 942)
REMOVAL OF DOCTOR FOR DEMAND/ACCEPTANCE OF BRIBE-Penalty of compulsory retirement more appropriate. (S.C. 914)
TERMINATION OF PROBATIONER IN TERMS OF CONTRACT-Not retrenchment under section 2 (oo) of I.D. Act. (Del. H.C. 813)
THERE WAS NO INDUSTRIAL DISPUTE-Order of reference and proceeding are set aside. (M.P. H.C. 925)
WORKMAN WORKING ON DAILY WAGE BASIS-Has no right to seek regularisation. (S.C. 901)
APPEAL CHALLENGING ORDER LEVYING DAMAGES- Under section 14-B of E.P.F. Act, section 7-O of pre-deposit is not applicable. (Mad. H.C. 1048)
COMPENSATORY ALLOWANCES-Broadly fall into three categories. (S.C. 963)
COMPULSORY RETIREMENT CANNOT BE PASSED-On presumption and suspicion. (Jhar. H.C. 1056)
DISMISSAL FROM SERVICE FOR UNAUTHORISED ABSENCE-For three months is shockingly disproportionate. (A.P. H.C. 991)
EMPLOYEES NOT DISCHARGING MANAGERIAL FUNCTION-Would be workmen under section 2 (s) of I.D. Act. (A.P. H.C. 991)
EMPLOYEES OF MUNICIPAL BOARD ARE WORKMEN-Not service Tribunal, but Industrial Tribunal has jurisdiction. (Alld. H.C. 1078)
EVEN IF THERE IS DELAY ON PART OF EMPLOYER, AT LEAST-One opportunity should have been given to him. (Alld. H.C. 1087)
EVEN IN ABSENCE OF STANDING ORDER, PETITIONER-Can superannuate after 30 years of service. (Del. H.C. 1005)
FINDINGS OF ENQUIRY OFFICER ON HEARSAY EVIDENCE-Should not be given much importance by Labour Court. (Bom. H.C. 1001)
INCENTIVE DOES NOT FALL WITHIN DEFINITION OF "WAGES"-Incentive to workman was erroneous. (P.&H. H.C. 1068)
OVERTIME ALLOWANCE AND LEAVE ENCASHMENT-Cannot be included in Hill Development Allowance. (S.C. 963)
REMOVAL FROM SERVICE, BECAUSE FOUND TO BE HIV POSITIVE-Action hit by Article 14 and infringes Article 21. (Bom. H.C. 995)
SUBSTITUTION OF FORMER CHARGE-SHEET DOES NOT- Justify cancellation of charge-sheet. (Cal. H.C. 1103)
THERE IS DISTINCTION BETWEEN-Promotion and upgradation. (S.C. 966)
WAGES, WHICH ARE ORDINARILY PAID TO ALL-Employees across the board are basic wages. (S.C. 962)
WITNESSES NOT NAMED IN ENQUIRY NOR IN LIST OF WITNESSES-Enquiry liable to be vitiated, not fair. (P.&H. H.C. 1064)