Announcement:

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

Wednesday 3 August 2016

LABOUR LAW JUDGEMENTS AUGUST 2016 AT A GLANCE


# Company Directors can’t be personally liable for default of ESI contributions. *Ker. HC 820*

# Labour laws not applicable upon Apartments Owner’s Society. *Karn. HC 864*

# Embezzler deserves sacking, not mercy. *All HC 794* 

# Enquiry should be conducted in the language understood by delinquent employee. *Ori. HC 829* 

# Acquittal in criminal trial has no bearing on disciplinary proceedings. *Jhar. HC 816*

# Report of Internal Committee will be deemed as enquiry report for disciplinary action under Sexual Harassment Act. *Del HC 785* 

# Dismissal justified for habitual absence by an employee. *Raj. HC 844* 

# An employee causing financial irregularities deserves dismissal. *Jhar. HC 816* 

# Reinstated workman to get full-wages when gainful employment is not proved. *Karn. HC 869* 

# Compensation is appropriate when establishment is closed. *Supreme Court 785* 

# An enquiry will be fair if held by complying principles of natural justice. *All HC 794, Cal. HC 797* 

# While modifying punishment, Court must give supporting reasons. *Cal. HC 811* 

# Reinstatement justified when punishment of dismissal is disproportionate. *Cal. HC 811*

# An employee appointed as clerk can’t be treated as supervisor. *Raj. HC 848* 

# Apartment Owner’s Association is not covered under Contract Labour (R&A) Act. *Karn. HC 864* 

# Dismissal justified when employee remained absent for three years. *Cal. HC 797*

# Widow of deceased entitled to accident compensation even after re-marriage. *HP HC 805* 

# Labour court is vested with powers to interfere with the punishment after holding of enquiry. *Bom. HC 883* 

# Sympathy towards an employee absenting for three years is misplaced. *Cal. HC 797* 

# No sympathy towards an employee guilty of breach of trust. *All HC 794*

# Adherence of “last come, first go” principle imperative for retrenchment. *Raj. HC 848* 

# Proceedings before the Tribunal Would continue till Award becomes enforceable. *HP HC 802*

# Workman must plead and prove unemployment to claim back-wages. *Bom. HC 883*

# Notice of Accident is to be issued to compensation commissioner. *HP HC 805* 

# Section 25F of ID Act violated when there is shortfall of legal dues. *Raj. HC 848* 

# Principle employer is liable for ESI contributions of contractor’s employees. *Ker. HC 820*