- VRS benefit cannot be claimed as of right. Supreme Court 785
- Approval is not necessary for dismissal of workman with less than 240 days service. Supreme Court 787
- Even after completing 240 days service, a probationer has no right of permanency. Del. HC 839
- Employer’s share to EPF contribution can be reduced to Rs.6,500. Guj. HC 806
- Financial crunch will justify reduction of damages for delayed deposit of EPF dues. Ker. HC 833
- Travelling allowance included for calculation of gratuity. Guj. HC 803
Other Important Judgements
| Family members must vacate residential quarters after death of employee. | Supreme Court 562 |
| Dismissal is not disproportionate for habitual and unauthorised absence. | Karn. HC 666 |
| Show-cause notice is imperative for forfeiture of gratuity. | Bom. HC 584 |
| Probationary services can be terminated without assigning any reason. | Del. HC 571 |
| Employee has to prove 240 days working during preceding 12 months. | HP HC 647 |
| Termination of fixed term employee is not retrenchment. | Uttr. HC 655 |
| Non-applicability of Limitation Act does not mean that dispute can be raised at any time. | Uttr. HC 655 |
| Forfeiture of gratuity only when termination is for prescribed misconduct. | Raj. HC 633 |
| Reduction of punishment not justified when enquiry is fair and proper. | Raj. HC 637 |
| Temporary misappropriation amounts to serious misconduct. | Pat. HC 625 |
| Compensation, not reinstatement, is appropriate for a 55-year-old workman. | Del. HC 581 |
| Industrial Tribunal is obliged to adjudicate a dispute as referred. | Del. HC 579 |
| Tribunal can interfere in punishment if it is disproportionate to misconduct. | Hyd. HC 661 |
| No leniency when employee is guilty of misappropriation/corruption. | Pat. HC 625 |
| Building and Other Construction Workers (RECS) Act as well as ESI will be applicable for construction workers. | Cal. HC 617 |
| Employer has to establish about abandonment of job by an employee. | HP HC 647 |
| Major penalty is appropriate for fraud, misappropriation and dishonesty. | Hyd. HC 661 |
| Functional integrality is essential for clubbing of establishments for coverage under ESI Act. | Hyd. HC 661 |
| Employer to prove that workman was appointed for fixed period. | Uttr. HC 655 |
| Abandonment of job depends upon intention of employee. | HP HC 647 |
| Frequent and long unauthorised absence amounts to serious misconduct. | Karn. HC 666 |
| Only error of law and not facts can be corrected by High Court. | MP HC 641 |
| Writ petition is not tenable when remedy of appeal is prescribed. | Cal. HC 617 |
| Embezzlement of even petty amount can’t be ignored. | Pat. HC 625 |
| Any evidence prepared after issue of charge sheet is not permissible. | MP HC 641 |
| Industrial Tribunal and not High Court is to give finding of facts. | MP HC 641 |
| Family members are liable to pay market rent/damages if they don’t vacate employer’s accommodation. | Supreme Court 562 |
| Writ court is not to decide factual aspects. | Cal. HC 617 |
Courtesy LLR
