Reported Labour law jugdments May & June 2020 at a glance.
Glorified designation and high salary will not exclude a senior manager to be a 'workman' under Industrial Disputes Act. 2020 LLR 527 KARNATKA HIGH COURT
Claim for job security is tenable only when workman has worked for 240 days. 2020 LLR 534 RAJASTHAN HIGH COURT
Termination without retrenchment compensation will be illegal resulting in reinstatement. 2020 LLR 535 RAJASTHAN HIGH COURT
Central not State will be appropriate government under Minimum Wages Act. 2020 LLR 532 MADHYA PRADESH HIGH COURT
A director cannot escape penalty for violation of the Minimum Wages Act. 2020 LLR 532 MADHYA PRADESH HIGH COURT
Any agreement cannot deprive the right of a woman to maternity leave. 2020 LLR 475 DELHI HIGH COURT
No relief can be granted if workman fails to prove the employer-employee relationship. 2020 LLR 495 PATNA HIGH COURT
Except for teachers a school employee in Delhi can challenge his termination under the ID Act. 2020 LLR 486 DELHI HIGH COURT
Dismissal of a workman for minor misconduct not justified. 2020 LLR 522 MADHYA PRADESH HIGH COURT
Maternity Benefits Act safeguards employment of women for the pre and post-natal period. 2020 LLR 475 DELHI HIGH COURT
Supplier of electricity through a generator of a bank will not be an employee of the bank. 2020 LLR 515 ALLAHABAD HIGH COURT
Reinstatement with back wages proper when an employer fails to prove gainful employment of workman. 2020 LLR 488 DELHI HIGH COURT
An enquiry will be fair and proper held on compliance of natural justice. 2020 LLR 507 CALCUTTA HIGH COURT
Hearsay evidence is an admissible in the departmental enquiry. 2020 LLR 518 MADRAS HIGH COURT
Nature of work of an employee determines whether he is a workman or not. 2020 LLR 527 KARNATKA HIGH COURT
A transfer is not covered under section 2-A of the Act. 2020 LLR 538 PUNJAB AND HARYANA HIGH COURT
An ex-parte award can be set aside within 30 days of its publication. 2020 LLR 544 ALLAHABAD HIGH COURT
Resignation if obtained under coercion will amount to illegal termination.2020 LLR 527 KARNATKA HIGH COURT
Punishment of discharge not to be treated equivalent to 'dismissal'.2020 LLR 549 SUPREME COURT OF INDIA
No order can be passed on the basis of photostat copies without original documents. 2020 LLR 553 PUNJAB AND HARYANA HIGH COURT
Homeworkers are 'employees' under section 2(f) of the Act when they are paid wages directly or indirectly. 2020 LLR 560 MADRAS HIGH COURT
Tribunal's judgment, based on the judgment of the High Court, will be set aside if the HC judgment is set aside. 2020 LLR 559 DELHI HIGH COURT
No coercive steps are to be taken for recovery of EPF dues if instalments are paid continuously. 2020 LLR 572 KERALA HIGH COURT
No coercive steps are to be taken for recovery of EPF dues if instalments are paid continuously. 2020 LLR 568 MADRAS HIGH COURT
Arrest of defaulter of EPF dues only when on sale of properties of establishment shortfalls. 2020 LLR 573 KERALA HIGH COURT
An order passed by EPF Authority under section 7-A of Act is appealable before Tribunal, not in Civil Court. 2020 LLR 560 MADRAS HIGH COURT
Coverage under EPF Act by clubbing two establishments without reasons not tenable.2020 LLR 567 MADRAS HIGH COURT
Dismissal set aside since the absenteeism was beyond the control of the employee. 2020 LLR 488 DELHI HIGH COURT
An appeal against an award of reinstatement is not tenable without depositing last drawn wages.2020 LLR 535 RAJASTHAN HIGH COURT
Gratuity to be forfeited only when termination under section 4(6) of the Act. 2020 LLR 525 KARNATKA HIGH COURT
Lump-sum compensation is to be paid if the dismissal is quashed after superannuation. 2020 LLR 480 DELHI HIGH COURT
Director of a company liable if the contractor fails to maintain record under Minimum Wages Act. 2020 LLR 532 MADHYA PRADESH HIGH COURT
Dismissal justified for obtaining a job on false documents. 2020 LLR 507 CALCUTTA HIGH COURT
Back wages on reinstatement payable only when workman states that he remained unemployed. 2020 LLR 480 DELHI HIGH COURT
Accident compensation can be more when the disability is higher than certified by the Medical Board. 2020 LLR 512 HIMACHAL PRADESH HIGH COURT
A contractual employee will also be entitled to maternity benefit. 2020 LLR 475 DELHI HIGH COURT
Settlement under sections 12(3) and 18(3) of the ID Act will be binding on all workers. 2020 LLR 498 ANDHRA PRADESH HIGH COURT
Enquiry to be vitiated when delinquent was not allowed to cross-examine the witnesses. 2020 LLR 518 MADRAS HIGH COURT
Under ESI even persons working outside the factory with connected works will be covered. 2020 LLR 542 GUJARAT HIGH COURT
Punishment of 'discharge' is justified for gross negligence. 2020 LLR 549 SUPREME COURT OF INDIA
Challenging transfer of a workman without union's spousal will not be tenable. 2020 LLR 538 PUNJAB AND HARYANA HIGH COURT
When documentary evidence has not been considered, the award is liable to be set aside. 2020 LLR 556 DELHI HIGH COURT
A fact not pleaded at the initial stage, would not be admissible at a later stage. 2020 LLR 549 SUPREME COURT OF INDIA
Remittance of EPF dues in instalments maybe allowed considering financial crisis. 2020 LLR 572 KERALA HIGH COURT
EPF dues shall be first priority against the properties of the establishment. 2020 LLR 573 KERALA HIGH COURT
Finding in a judicial order, without reasoning thereto is liable to be quashed. 2020 LLR 567 MADRAS HIGH COURT
Starting the same business by a family member of the deceased will be liable for EPF dues.2020 LLR 574 KERALA HIGH COURT
Courtesy Labour Law reporter
