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Latest Labour Law Judgments Nov 2017


Dismissal of a sleeping chowkidar on duty is justified.  Gau. HC 1150

ESI contribution is payable on interim relief also.  Supreme Court 1121

Merely common entrance of two independent establishments not to

be treated one for ESI coverage. Mad. HC 1176

An Executive supervising one shift is not a ‘workman’.  Cal. HC 1135

Loss of confidence in an employee has to be pleaded/ proved for denial

of reinstatement.  MP HC 1187

Conductor is not guilty for ticketless passengers travelling on bus roof.  Raj. HC 1146

Legal proceedings can only be at the place of sexual harassment. Gau. HC 1148

Unexplained delay of five years for raising dispute is not justified.  P&H HC 1138

Reinstatement is not a mechanical relief on all termination.  P&H HC 1140

Junior Engineer granting leave and assignment is not a ‘workman’.  Guj. HC 1191

No straightjacket formula for reinstatement in every illegal termination. MP HC 1187

Appropriate government is not like a post office to refer every dispute. Mad. HC 1158

No sympathy of court to an employer who delays the proceedings.  Pat. HC 1153

Employees working in shops inside the hotel are not coverable under  Mad. HC 1180

Compensation is appropriate for raising dispute after three years of

termination. P&H HC 1140

Interim relief to workman in a dispute for regularisation is not proper.   Del. HC 1128

Writ court is not to interfere in show cause notice.  Jhar. HC 1141

Employer is obliged to pay gratuity on retirement of employee.  MP HC 1143

Compensation is appropriate on termination of a part-time sweeper.  Del. HC 1129

Appellate authority may condone delay of 32 years, but the claim to be

decided by Controlling Authority. MP HC 1143

Termination sans retrenchment compensation is illegal. MP HC 1187

Gratuity, leave salary or pension not to be attached in a decree.  Mad. HC 1178

Clubbing of two independent establishments for coverage under ESI is

not tenable.  Mad. HC 1176

Strict rules of evidence are not applicable in conducting enquiries. Bom. HC 1132

TDS is not to be deducted on accident compensation.   All. HC 1172

Dependents will get compensation on the death of contract workers in accident. Mad. HC 1167


Officer conducting enquiry under section 7A acts as a court.  Supreme Court 1199

Employer obliged only to contribute up to prescribed wage ceiling.  Bom. HC 1201

Independent franchisees would not be units for coverage of the Act. Ker. HC 1215

Inordinate delay justifies dismissal of appeal against order under

section 7A and 14B of the Act. Cal. HC 1208

Insult of public servant is punishable offence under section 228 of IPC.  Supreme Court 1199

Revocation of exemption on establishment can be on justifiable reasons.  Bom. HC 1201

Attachment of bank account of employer can be lifted by the High Court. Cal. HC 1209

Applicability of the Act on establishment can’t be challenged along

with order u/s 7A. Cal. HC 1210

Excess contribution of prescribed ceiling can be reduced by

employer.   Bom. HC 1201

Writ court can direct EPF authority to decide grievances within

fixed time. P&H HC 1214

Proceedings under section 7A are judicial by fiction.  Supreme Court 1199

Mere application for exemption would not confirm any benefit to

establishment. Cal. HC 1210

Employees of franchises would not be treated as employees of the granter. Ker. HC 1215

Disposal of review application without hearing employer is to be set aside.  Guj. HC 1224

EPF dues payable to the employees would get first priority. Supreme Court 1226

An order not challenged within prescribed limitation becomes final. Cal. HC 1210

No relief to an intentional non participator before the trial court.     P&H HC 1212

Employer can opt more beneficial than EPF Scheme for employees.  Bom. HC 1201

Delay of 60+60=120 days for filing appeal is not to be condoned.    Cal. HC 1208

EPF Authority will pass reasoned order on review after hearing both sides. Guj. HC 1224

 Interest is to be paid by the EPF on failing to refund the access amount. Bom. HC 1201

Courtesy: Labour Law Reporter