It takes one minute and one decision to lose credibility, It takes years and a thousand decisions for that manager to regain it
• Director or the Managing Director of a company, receiving salary are coverable under ESI Act.
Employees’ State Insurance Corporation through its Regional Director v. Padma Bhawan Engineers (P) Ltd., 2011 LLR 433 (P&H HC).
• Termination of a workman for unauthorised absence for over two months without enquiry will not be justified.
Sita Ram v. Presiding Officer, Labour Court, 1996 LLR 59: 1995 LIC 2446: 1996-I LLN 972 (P&H HC).
• The certified standing orders providing abandonment of employment when a workman absents for 10 consecutive days will not be legal.
Scooters India Ltd. v. M. Mohammad Yaqub, (2001) 1 SCC 61: 2001 SCC (L&S) 148: AIR 2001 SC 227: 2001 Lab IC 71: (2001) 1 LLN 67: 2001 LLR 54 (SC).
• Right of apprentice trainees is limited only to the preference, in matters of selection on regular posts, other things being equal.
Yogesh Kumar Gupta v. Bharat Heavy Electricals Ltd., Jhansi, 2014 LLR (SN) 443 (All HC)
• High Court should not interfere in the punishment unless it is shocking to conscience.
Regional Manager & Disciplinary Authority, State Bank of India, Hyderabad v. S. Mohammed Gaffar, (2002) 7 SCC 168: (2002) 3 LLJ 529: 2002 LLR 1181: 2002 LIC 2976: AIR 2002 (SC) 3037: 2002 (101) FJR 407: 2002 (4) LLN 22 (SC).
• When termination of a bus driver has been set aside, denial of back-wages would not be proper.
B. Ramulu v. Presiding Officer, Labour Court-II, Hyderabad, 2008 LLR 293 (AP HC).
• High Court will not entertain the petition against holding of an enquiry as proper and valid in a preliminary issue.
Dinesh Mills Ltd. v. Kedarnath R. Pande, 1998 LLR 1005 (Guj HC).
• Denial of backwages by the Labour Court on reinstatement of the workman, guilty of embezzlement of money, will not be interfered by the High Court.
Baljinder Singh v. Presiding Officer, 2003 LLR 1160 (P&H HC).
• Employment of contract labour at the residential quarters of the officers of the Reserve Bank cannot be construed as work in the establishment.
Powar v. Labour Enforcement Officer (C), (1992) 81 FJR 360: (1992) 65 FLR 907: 1992 LLR 783 (Ker HC).
• Even if a workman has worked in two periods for 240 days it will be deemed that he has been in ‘continuous service’.
Prabhu Dayal Jat v. Alwar Sahakari Bhumi Vikas Bank Ltd., 1991 LIC 944: (1991) 2 LLN 1942: (1990) 60 FLR 9: 1990 LLR 136 (Raj HC).
• For the purpose of continuous service, Sundays and other holidays will also be taken into consideration for computation of 240 days.
Babulal Sharma v. University of Ajmer, 1990 LLR 211 (Raj HC).
• A writ petition will lie even against a private body if there is violation of statutory provisions.
Mettur Chemicals Podhu Thozhilalar, Sangam v. Chemplast Sanmar Ltd., (1997) 4 LLN 673: 1997 LIC 3021: (1997) III LLJ 963: 1998 LLR 31 (Mad HC).
• A fixed term employee cannot enforce his right in writ petition for regularisation beyond period of contract.
Sanjay Kumar Sharma v. National Centre for Trade Information, 2001 LLR 51 (Del HC).
• Contract labour engaged for the work of perennial nature can be prohibited by a notification by appropriate government.
All India General Mazdoor Trade Union (Regd.) v. Delhi Administration, AIR 1995 SC 3039: 1995 Supp (3) SCC 579: 1995 LLR 456 (SC).
• Principal employer is liable to pay wages in case the contractor defaults and the term ‘wages’ includes balance or arrears thereof.
Senior Regional Manager, Food Corporation of India, Calcutta v. Tulsi Das Bauri, (1997) 90 FJR 494: 1997 LIC 2352: AIR 1997 SC 2446: (1997) 5 SCC 51: 1997 LLR 601 (SC).
• Contract Labour (R&A) Act, does not provide total abolition of contract labour but regularisation also.
Food Corporation of India v. Presiding Officer, Central Government Industrial ribunal-cum-Labour Court-1, Chandigarh, 2008 LLR 391 (P&H HC).
• Dismissal of a workman, after enquiry for unauthorisedly driving the vehicle will be valid.
Prakash Chand v. The Labour Court, Patiala, 1994 LLR 447 (P&H HC).
• A principal employer under the Contract Labour (R&A) Act has to ensure that contractor’s workers are paid minimum wages.
General Manager, Aligarh Dugdh Utpadak Sahakari Sangh Ltd. (Parag Dairy) Sasni, Hathras v. Prescribed Authority, Minimum Wages and Dy. Labour Commissioner, Aligarh, 2009 LLR 316 (All HC).
• When contract labour system is held as sham, the contract labour to be automatically absorbed.
International Airports Authority of India v. International Air Cargo Workers’ Union, 2009 LLR 923 (SC).
• Prosecution of ladies for violation of CL (R&A) Act, liable to be quashed when they were not involved in business transactions.
M/s. Kamala Construction Company through Rajendra Prasad Singh v. State of Jharkhand, 2011 LLR 424 (Jhar HC).
• Tests to determine an employer are who pays the salary and supervises the work.
Subodh Kumar v. Presiding Officer, Labour Court-II, Meerut, 2012 LLR 1249 (All HC).
• The civil court rightly granted permanent injunction in restraining the trade union from staging demonstration, etc., within radius of 100 metres.
Ranutrol Ltd. v. All India Engineering & General Mazdoor Union, 1995 LLR 371: 1995-I LLJ 408 (Del HC).
• Staging of demonstration by the workers at or near a hospital can be restrained by the court.
All India Institute of Medical Sciences v. Ms. Promila Bounthiyal, 2002 LLR 381 (Del HC).
• If the charge of theft is proved, the punishment of dismissal from service will not be set aside.
Yasupadam M. v. Bharat Gold Mines Ltd., (2002) 95 FLR 396: 2002 LLR 1158: 2002 LIC 145 NOC (Karn HC).
