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*

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