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Latest Labour Law Judgments September 2018


Embezzlers don’t deserve any relief. Pat. HC 939


Union office bearers must have integrity and hard work to be role model for others. Karn. HC 957

Employee must prove transfer to be mala fide for relief. Guj. HC 1000

Preliminary enquiry under POSH Act to be set aside if respondent not provided with copy of complaint. Ker. HC 990

A resignation can be withdrawn before its acceptance.  Karn. HC 1010

Mere submission of letter is not sufficient to seek status of ‘protected workman’. Karn. HC 957

Labour Laws are for the welfare of workers and to maintain peace and harmony. Karn. HC 957

Termination not justified when enquiry is held to be unfair. All. HC 977

Resignation can’t be accepted before one month in absence of notice period. Karn. HC 1010

Abnormal delay in raising industrial dispute won’t justify reinstatement with back wages. All. HC 975

Electricity charges can be enhanced as ‘notice of change’ is not necessary. Ori. HC 985

Failing to reply show cause notice despite its receipt can’t be inferred denial of opportunity. Mad. HC 935

High Court will not entertain writ petition against show cause notice. Karn. HC 957

Seeking explanation from a workman is prelude of an enquiry. Karn. HC 957

Misappropriation of public money justifies dismissal. Karn. HC 963

Reinstatement with back wages is appropriate on termination without retrenchment compensation. Mad. HC 947, P&H HC 951

Reinstatement not proper on failure of workman to join duty despite offer. P&H HC 950

Employer to decide quantum of punishment when enquiry is fair and proper. P&H HC 953

Enquiry is not imperative in prolonged and unauthorised absence of a workman. Bom. HC 933

Tribunal must confine adjudication on terms of reference. Cal. HC 997

Transfer of an employee facing enquiry would be construed as mala fide. Ker. HC 991

No accident compensation in absence of employer-employee relationship. Mad. HC 982

Negligence in food manufacturing unit justifies termination. P&H HC 953



Factors for levy of damages pertain to willful default and financial crises etc. Bom. HC 1022


List of employees duly signed by responsible officer cannot be rebutted while challenging coverage. P&H HC 1040

Forum for challenging order of EPF authority is only filing of appeal before Tribunal. Mad. HC 1034

Writ petition is tenable when EPF Tribunal is not functioning. Mad. HC 1033

Appellant can seek interim relief by Tribunal as permissible. Mad. HC 1039

Damages not mandatory but employer has to pay for delayed remittance to ensure regularity in deposits. Bom. HC 1020

Option for pension tenable if person is in service and has not withdrawn PF dues. Ker. HC 1028

Writ petition is tenable if order violates of fundamental right and natural justice. Mad. HC 1034

Order under section 7-A of the Act may be stayed with or without any condition.  Cal. HC 1025

Appeal not writ petition tenable while challenging order under section 7A of the Act. Mad. HC 1031

Coverage of an establishment justified when above 20 employees were employed. P&H HC 1040

Absence of mens rea, willful default will justify reduction of damages by Tribunal. Bom. HC 1020

No damages can be imposed for pre-discovery period.  Bom. HC 1020

Declared sickness of unit is a factor for reduction of damages  Bom. HC 1020

High Court is not to entertain writ against a show cause notice under section 7A. Cal. HC 1027

Coverage of establishment is to be decided on factual material. Jhar. HC 1041

Courts have to pass a reasoned order with narration of bare facts of the case. Supreme Court 1018

Writ petition is untenable during pendency of proceedings under section 7A. Jhar. HC 1041

Operation of order under section 7A is unjustified without supporting documents. Cal. HC 1025

Every default by employer does not justify levy of damages mechanically. Bom. HC 1022

Operation of an order under section 7A is to be kept in abeyance when Tribunal is not functioning.Mad. HC 1033

Courtesy: Labour Law Reporter