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Showing posts with label Latest Labour Laws. Show all posts
Showing posts with label Latest Labour Laws. Show all posts

Saturday, 21 May 2016

Latest Labour Law Judgements - May 2016


     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