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Latest Labour Law Judgments Oct 2017

Regional Sales Manager is not a ‘workman’.  All. HC 1023

Dismissal of an employee for theft is justified. Del. HC 1014

Expenditure on construction/expansion of factory would attract ESI contributions. Ker. HC 1065

Enquiry is fair when delinquent has already cross-examined witnesses. Chhat. HC 1032

Ex-parte enquiry cannot be faulted when delinquent failed to respond notices.  Hyd. HC 1034

Principal employer is liable if contractor fails to pay wages to employees.   P&H HC 1042

Status of employee as a ‘workman’ can’t be decided as preliminary issue.    Cal. HC 1045

Having invoked the remedy under civil suit, an employee cannot raise industrial dispute. P&H HC 1054

Industrial disputes are tenable at a place of employment or transfer.        All. HC 1023

Gratuity can be forfeited only on termination for prescribed misconducts.   Cal. HC 1047

Absence when treated to be ‘leave without pay’ is not a misconduct.            Del. HC 1052

Non-compliance of 25F of ID Act justifies reinstatement with back wages. HP HC 1068

Transfer of an employee cannot be stalled because of his family difficulties.  Cal. HC 1031

Removal of employee when he has been informing illness of mother not justified.  Del. HC 1052

An employee committing theft loses confidence of employer.                      Chhat. HC 1032

Dismissal of bank Manager untenable in absence of evidence of misconduct.  Pat. HC 1071

Deposit of determined gratuity is a condition precedent for filing appeal against Controlling Authority.   Cal. HC 1058

An appeal under ESI Act filed after limitation period is liable to be rejected. Del. HC 1089

No compensation on accident when employee went outside for food during interval. Guj. HC 1079

Appeal not writ tenable for challenging order of Controlling Authority under Gratuity Act. Cal. HC 1058

Request for re-cross examination of witnesses is to be rejected.                   Cal. HC 1060

Denial of opportunity for cross examination of witnesses would vitiate inquiry by Internal Committee under POSH Act.  Del. HC 1014

No accident compensation payable in absence of proof about permanent/partial disability.  Guj. HC 1083


Use of electricity for cooling or heating in a college can’t be construed as ‘work with the aid of power’ for the applicability of the Act.  Bom. HC 1095

Dealership of petroleum outlet is distinct from transfer as referred in section 17-B of the Act.       Ker. HC 1101

Review petition to be dismissed in the absence of convincing grounds.       Cal. HC 1104

Demanding whole amount will be impractical in view of financial position of employer.   Cal. HC 1115

No Writ petition is tenable when appropriate remedy of appeal is available.  Karn. HC 1118

High Court can direct the Tribunal to adjudicate upon maintainability of appeal filed beyond period of limitation.  HP HC 1049

RPFC can’t be an aggrieved party to file Writ against order of Tribunal.      Karn. HC 1055

An order not passed on merits by dismissing the appeal for non-prosecution can be set aside. P&H HC 1119

Any order by EPF Authority without power under Act is not sustainable.    Karn. HC 1116

Central Government can exempt any establishment retrospectively.             Mad. HC 1110

No coercive action against an employer for timely depositing PF dues in instalments.  Cal. HC 1106

Different institutions with separate code numbers cannot be treated as branches of other institution.  Karn. HC 1116

Allowing instalments to a defaulting employer would be practical solution for recovery of dues. Cal. HC 1115

A college availing grant in aid is exempted from coverage under sec. 16(1)(b) of the Act.   Bom. HC 1095

Writ petition untenable on availability of a forum for filing appeal.             Cal. HC 1105

Attaching bank account by EPF authority not proper since it will prevent the employer to pay the wages. Cal. HC 1106

A member is not debarred opting to contribute higher wages to pension fund.  HP HC 1107

No exemption from coverage of establishment for engaging of aged persons.Mad. HC 1110

Tribunal can’t entertain an appeal beyond prescribed period of limitation.   HP HC 1049

Reasonable opportunity to a party is imperative for passing any order. Jhar. HC 1103

Petroleum dealer would be liable for coverage when employing 20 or more employees independently. Ker. HC 1101

Findings of employment of 20 persons can’t be interfered in writ jurisdiction. Mad. HC 1110

A college functioning without aid of power can’t be covered under the Act. Bom. HC 1095


Courtesty Labour Law Reporter