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Next Issue of HR Connect Newsletter :02 is due in July 2016. All Members are requested to forward their submissions on or before 20th of June 2016

Sunday 1 May 2016

LATEST LABOUR LAW JUDGEMENTS - APRIL 2016


◇Casual employees to be covered under ESI.Supreme Court 437
◇Chairman not managing day-to-day affairs can't be prosecuted for violation of Minimum Wages Act. Guj. HC 349
◇If residential accommodation is not a condition of service, employees have no right to continue. Supreme Court 425
◇Continuous unauthorized absenteeism will justify termination. P&H HC 353
◇Court cannot reject the reference of dispute. Supreme Court 338
◇Workman can choose the Court/Forum to sue the employer. Supreme Court 337
◇Dismissal justified for negligence resulting into loss to employer. Gau. HC 403
◇No perversity in directing Regional Provident Fund Commissioner for identification of workers.Guj. HC 375
◇Gratuity cannot be denied even if employee does not claim for past service.Mad HC370
◇Reinstatement of a Dy. Manager (Security) holding managerial position to be quashed. Jhar. HC 372
◇Reviewing authority under Provident Fund Act must pass speaking order. Ori. HC 413
◇Plea not taken before EPF Tribunal not tenable in Writ Court. P&H HC 409
◇Dismissal of conductor for receiving fare and not issuing tickets is justified.Del. HC 429
◇An employee empowered to select/ appoint persons, not a 'workman'. Del. HC 431
◇Ex-parte   enquiry is justified on failure of delinquent to participate. P&H HC 353
◇Getting extensions without murmur, the probationer can't justify performance.Del. HC 340
◇Clubbing of Samithi and Trust for coverage under Provident Fund Act is proper. Ker. HC 387
◇Penalty not justified when enquiry is biased. Gau. HC 398
◇Misconduct being foundation, termination of probationer will be illegal. Guj. HC 385
◇Preliminary finding of enquiry not to be challenged in Writ Petition. P&H HC 355
◇A Company is responsible through its officer, having ultimate control over its affairs. Karn. HC 362
◇Termination of probationer on overall performance does not amount to removal as punishment. Del. HC 340
◇Reinstatement justified on termination sans compensation. Karn. HC 360
◇In domestic enquiry, charges are to be proved on preponderance of probabilities. Gau. HC 403
◇An enquiry sticking to natural justice, not to be interfered. Gau. HC 403
◇Enquiry to be dispensed if false certificate is not controverted. Bom. HC 378
◇Gratuity can be forfeited only on termination for specified misconducts. Mad. HC 370
◇Govt. can transfer industrial dispute from one Court to another. P&H HC 365
◇Unless 240 days working is proved by a workman, compliance of section 25F of I.D. Act is not needed. P&H HC 364
◇Denial of approval for dismissal of bus conductor not proper since standard is not rigid in enquiries.  Raj. HC 394
◇Fairness of enquiry depends upon procedure followed in enquiry. Del. HC 406
◇Official car driven by driver, creates presumption of his doing official work.Bom. HC 419
◇Nature of Duty determines whether employee is a 'workman' or not. Del. HC 431 
◇Court can't direct government to refer a dispute for adjudication. Supreme Court 338
◇Monetary claim on existing right is tenable u/s 33C (2) of the I.D. Act. P&H HC 358
◇Plea of illness without a medical record is not tenable. P&H HC 353
◇Order of reference to be adjudicated even if parties don't appear. P&H HC 355
◇Lump sum amount paid towards 'basic wages' would attract Provident Fund contributions. Del. HC 345
◇ESI Act is to be interpreted for benefits of employees. Supreme Court 437
◇School will be an 'industry' under Industrial Disputes Act.  Karn. HC 360
◇Payment of gratuity is employer's responsibility. Mad. HC 370
◇Inconvenience is not a decisive factor while interpreting a statute. Pat. HC 367
◇Labour Court is to consider only whether procedure of enquiry was proper or not. Del. HC 406
◇Employer must obtain approval from competent authority stipulated by Industrial Disputes Act.Mad. HC 411
◇Interference by writ jurisdiction permissible if inference of Labour Court is perverse. Bom. HC 419
◇In case of violation of terms of lease, lessee will have  locus standi  to protest. Supreme Court 425
- Shared by Haridas P A, Manager HR & Admin, AB Mauri India Pvt Ltd