Latest Labour Judgements of Supreme Court & High Courts-May 2015

  • Development Officers of LIC are not ‘workmen’. Supreme Court 452
  • Good work reward’ will attract provident fund contributions. Del. HC 473
  • Paying lesser wages or delayed wages amounts to unfair labour practice. SC 449
  • Refusal to obey lawful instructions of superior(s) will justify dismissal. Del. HC 464
  • Restricting territorial jurisdiction in appointment letter is not legal. MP HC 501
  • Contract labour system is sham when wages are paid by principal employer. All. HC 505
  • Medical Laboratory is ‘Hospital’ for coverage under Provident Fund Act. Ker. HC 540
  • Dismissal of delinquent is proper for threatening to kill higher officer. Guj. HC 518
  • Reinstatement of contractor’s employee, in control of principal employer, is appropriate. All. HC 505
  • Plea of loss of confidence is ineffective in absence of proof. Bom. HC 497
  • An establishment remains covered under Provident Fund Act even on reduction of employees below 20. P&H HC 532
  • Failure to participate in the enquiry will lead to the proof of delinquent’s guilt. Guj. HC 518
  • Abandonment of job is not sustainable without enquiry. P&H HC 530
  • For espousing cause of a single employee, it need not be exclusive union of organization. AP HC 534
  • Limitation of 60 days is counted from the date of receipt of order. Bom. HC 492
  • Transfer is not a change in service conditions. Del. HC 464
  • Recruitment of workmen as daily-wagers is not prohibited. Supreme Court 449
  • Imposition of penalty on all cases of default is not mandatory. Del. HC 473
  • When reference is not legal, Award on merits will not sustain. Del. HC 480
  • Mere failure to furnish enquiry report will not vitiate the enquiry. Pat. HC 521
  • Compensation in lieu of reinstatement is appropriate after 19 years of illegal termination. Pat. HC 524
  • No limitation prescribed for raising of an industrial dispute. P&H HC 529
  • Daily-wagers to be confirmed after 5 years of service. Supreme Court 449
  • Imposition of damages on provident fund dues at highest rate must be with supporting reasons. Del. HC 473
  • Transfer is an incident of service. Del. HC 471
  • Reinstatement not always appropriate if enquiry is vitiated. Del. HC 464
  • A contractor is bound to pay cess in respect of its labourers. All. HC 504
  • Accidental compensation to member of ESI can be only under ESI Act. SC 457
  • Non-production of relevant records would justify adverse inference. P&H HC 530
  • An institution employing 20 or more persons is covered under PF Act. Ker. HC 540
  • Enquiry if conducted properly, Labour Court will not sit as an appellate body. Del. HC 459
  • Change in service conditions of workmen sans notice u/s. 11A of ID Act is illegal. Del. HC 464
  • Charges under enquiry not to remain effective when it is vitiated. Bom. HC 497
  • An Award of Labour Court without jurisdiction is not sustainable. Del. HC 480
  • EPF Appellate Tribunal has limited power of review under section 7-L(2) of EPF & MP Act. Del. HC 482
  • Dismissal of employee for threatening to suicide if not re-transferred is justified. Pat. HC 521
  • Reinstatement justified when termination is not excluded by ‘retrenchment’. Pat. HC 524
  • Non-compliance of section 25-F of ID Act would render termination illegal. P&H HC 530
  • An order ignoring principles of natural justice is not sustainable. Bom. HC 495
  • An employer has to conduct an enquiry as per Standing Orders. Del. HC 459
  • Appeal under section 45-AA of the ESI Act is to be filed within 60 days. Bom. HC 492
  • Hospital is the genus and clinics are species hence covered under P.F. Act. Ker. HC 540
  • Discrepancy in wages of permanent and temporary workmen is not permissible.Supreme Court 449
  • An employer can adduce evidence if no enquiry is held. Del. HC 464
  • Industrial Disputes Act does not prohibit any Union from espousing the cause of a single workman. AP HC 534
  • Withdrawal of relaxation by EPF Authority not proper, without consideration. Bom. HC 495
  • Labour cess not a tax of the State Government. All. HC 504
  • Transfer order not illegal when stipulated in appointment letter. Del. HC 471
  • Appropriate Government for controlled industry is the Central not the State. Del. HC 480
  • Reinstament is appropriate if workman is acquitted on same charges. Del. HC 488
  • Defective enquiry stands on same footing as if there is no enquiry. Del. HC 459