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Latest Labour Law Judgments Dec 2017

Reports of Labour Laws Judgements  Dec 2017

Reinstatement of a workman guilty of abusing, showing his chappals and threatening his senior is to be quashed. Ori. HC 1247

Retrenchment sans compensation renders termination illegal. Jhar. HC 1254

Opportunity for hearing is imperative before imposition of punishment. All. HC 1239

51 days wages rightly allowed under Minimum Wages Act when the claimants have worked for all 365 days. Jhar. HC 1252

Evidence of passengers is imperative in an enquiry against conductor for not issuing tickets. Supreme Court 1233

Insurer, not the insured is liable to pay accident compensation to claimants. Del. HC 1234

Plea of delay of raising of dispute be should be taken before labour authorities.  HP HC 1256

Full back-wages on reinstatement payable when gainful employment of workman is not proved.     Jhar. HC 1254

Prosecution for non-implantation of award is untenable when workman was reinstated.    MP HC 1251

Impleading of contactor is necessary for claiming wages from principal employer. Guj. HC 1240

Even if contract of apprenticeship not signed an apprentice will not become a workman.  Guj. HC 1236

Compensation and difference of minimum wages is properly allowed by the authority under Minimum Wages Act. Jhar. HC 1252

Denial of back-wages on reinstatement is not a rule of thumb.  Cal. HC1260

Labour Court/Tribunal will adjudicate only the terms of reference of a dispute.HP HC 1256

Writ petition not tenable pertaining to disputed facts. Guj. HC 1240

Principle of “no-work, no-pay” shall not apply when the workman was not at fault. Cal. HC1260

Back-wages with reinstatement to a workman guilty of misconducts is to be vitiated. Ori. HC 1247

Denial of approval for dismissal by Tribunal is not proper when workman was provided opportunity in enquiry. Ori. HC 1245

Writ petition, without exhausting alternate remedy, is not maintainable. Guj. HC 1240

Disciplinary authority must issue show cause notice to a workman with proposed punishment after conclusion of enquiry.       All. HC 1239

An apprentice engaged under Apprentices Act, 1961 will not be a ‘workman’.     Guj. HC 1236

Contract labour must be paid their wages in presence of principal employer.       Jhar. HC 1252


Attachment of bank account without hearing of employer is liable to be quashed. Karn. HC 1277

Divorcee can’t be permitted to continue as ‘nominee’ of the deceased husband. Ker. HC 1268

Writ petition not tenable when due opportunity for hearing was given to employer. Cal. HC 1266

Serious sickness of wife is a genuine and sufficient cause to justify the non-appearance of a party.  Ori. HC 1271

Non-providing proper opportunity of hearing is against the principles of natural justice.    Ori. HC 1271

Mere residence of petitioner is not sufficient to approach the Madras Court for disburse his PF dues. Mad. HC 1238

Two simultaneous proceedings in EPF Tribunal and Writ Court) are not maintainable.         Cal. HC 1265

Attachment of bank account is to be lifted for payment of puja bonus.    Cal. HC 1265

Delayed filing of writ petition challenging EPF dues rightly dismissed.      Cal. HC 1266

Non-issuing of mandatory notice is high-handedness of the EPF Authority. Karn. HC 1277

No relief can be granted by court in the absence of any such prayer.      MP HC 1270

Whenever a quasi-judicial authority has acted without jurisdiction, the Writ can set aside. Ori. HC 1271

Financial difficulties are no grounds to justify delayed EPF remittance.    P&H HC 1275

Seeking new relief in writ petition is not admissible.    MP HC 1270

Installments facility can be allowed for payment of EPF dues.    Cal. HC 1276

Non-providing fund to the Municipality by the Government is no ground to escape from liability of EPF dues. Cal. HC 1266

Unless a part of cause of action arose within the territory of the Court, it cannot be clothed with territorial jurisdiction  Mad. HC 1238

Courts are to aid the aggrieved persons to render justice by taking away the technicalities of law.   Ker. HC 1268

Writ petition is to be dismissed without territorial jurisdiction.  Mad. HC 1238

Employees’ Provident Funds legislation is to provide welfare to the employees.   Ker. HC 1268

An appeal, filed before EPF Tribunal, cannot be withdrawn if Presiding Judge is not available. Cal. HC 1265

No mitigation for pleading that hereinafter the payment will be made in time.      Cal. HC 1266

Delayed payment of pension and salary not justified.  All. HC 1264


If first wife is divorced, the second wife would be entitled to be nominee. Ker. HC 1268

Courtesy Labour Law Reporter