Below are the latest labour law judgements - May 2016
- Contract labour system can be carried on until prohibited by notification. Karn. HC 515
- No provident fund contributions by school for contractor's bus staff. Del. HC 451
- Misappropriation by bank officer is a grave and serious misconduct justifying dismissal.
Gau. HC 556 - Non-compliance of section 25F of ID Act renders termination illegal. P&H HC 513
- Dismissal is justified for misappropriation and theft by an employee. Del. HC 492
- Transfer of an employee of transferable post is an incident of service. Del. HC 456
- A Pujari in a temple is not a 'workman' under ID Act. P&H HC 511
- Limitation Act not applicable to industrial disputes. Karn. HC 477
- Pleas of abandonment untenable when workman has sent a demand notice immediately on her termination. P&H HC 461
- Forfeiture of gratuity for moral turpitude only on conviction. Karn. HC 484
- Reinstatement appropriate when termination is violative of ID Act. P&H HC 461
- Act of misappropriation not dissolved-making by deposit of money later on.
P&H HC 463 - Reinstatement not compensation appropriate when employer gives breaks in service to the part-time workman. P&H HC 537
- Court can't reduce quantum of fine prescribed for violation of ESI Act.
Supreme Court 449 - Employees receiving wages from contractor not entitled to be employees of principal employer i.e. the school. Del. HC 451
- It is prerogative of the employer as to who should be transferred. Del. HC 456
- Reinstatement with back-wages appropriate when enquiry is vitiated. Cal. HC 471
- Even a part-time employee can't be dismissed without complying section 25F of the ID Act. P&H HC 537
- Accident compensation by an ESI member can't be claimed from employer.
Bom. HC 496 - Mere designation of Branch Manager not to exclude her being ‘workman' when she was working as a clerk. Ker. HC 535
- Death by sun stroke will be ‘accident' under Compensation Act. Jhar. HC 532
- Termination for misappropriation by employee is justified. P&H HC 463
- Termination of employee without charge-sheet and enquiry is illegal. P&H HC 461
- Adverse inference appropriate when employer fails to produce attendance/ wages register and other service record. Del. HC 487
- Quantum of punishment is within jurisdiction of disciplinary authority. Gau. HC 556
- No relief to be granted if transferred employee fails to report for duty. Del. HC 456
- Only industrial adjudicator to decide whether contract labour system is ruse/camouflage.
Karn. HC 515 - Deduction for union contribution not justified when employee is not a member.
P&H HC 512 - Dismissal for fraud not justified when other three accomplices were not punished.
Supreme Court 485 - Compensation not reinstatement appropriate when post was abolished. P&H HC 513
- Enquiry to be vitiated when instead of allowing opportunity for cross-examination to the delinquent, Enquiry Officer himself asked questions. Del. HC 492
- Appeal against Compensation Commissioner lies only on perversity. Karn. HC 546
- Asking employee to work from one machine to other is no change in conditions of service. Del. HC 456
- Employee guilty of embezzlement loses confidence of employer. P&H HC 463
- Contract labour can be sham when workers were performing jobs of perennial nature and contractors were changed. Karn. HC 515
- Burden of proof lies on who has knowledge in support of his pleading. Del. HC 487
- Deduction of wages only on written authorisation of employee. P&H HC 512
- No misplaced sympathy when misappropriation and theft is proved. Del. HC 492
- Burden to prove a plea is upon the party who pleaded before the court. P&H HC 511
- Unless controverted unemployment, employer has to pay wages during pendency of proceedings. Guj. HC 501
- Issuing appointment letter showing repeated breaks amounts to unfair labour practice.
P&H HC 537 - Mere denial of employer-employee relationship is not enough to oust the jurisdiction of the Labour Court. Bom. HC 549
- Employees engaged by contractor are covered under provident fund. Ori. HC 473
- Appeal against Controlling Authority lies only on deposit of decreed amount.
Karn. HC 483 - Artificial break in service amounts to unfair labour practice. Chht. HC 469
- Transfer of an employee is justified when not mala fide . Bom. HC 498
- Burden of proof lies on person who so pleads. Del. HC 487
- There is no prohibition for blood relatives to be employer and employee. Karn. HC 543
- An ex-parte Award to be set aside when employer not served summons. P&H HC 542
Source: Labour Law Reporter
Shared by - Libin Varghese, +Libin Varghese Manager HR, Jupiter Leys Private Limited
