Dear All,
Please find the Judgements reported in LLR - August 2013, for your information and discussion, as under:
VRS benefit cannot be claimed as of right.
Supreme Court 785
Approval is not necessary for dismissal of workman with less than 240 days service.
Supreme Court 787
Even after completing 240 days service, a probationer has no right of permanency.
Del. HC 839
Employer’s share to EPF contribution can be reduced to Rs.6,500.
Guj. HC 806
Financial crunch will justify reduction of damages for delayed deposit of EPF dues.
Ker. HC 833
Travelling allowance included for calculation of gratuity.
Guj. HC 803
Apprentices on regular work would be ‘employees’ to be covered under Provident Fund Act.
Mad. HC 849
Person responsible for the company’s business is to be prosecuted for non-payment of ESI contributions.
Ker. HC 885
Adjudicator is empowered with ancillary or incidental matters.
Karn. HC 819
Lump sum compensation, in lieu of reinstatement, not debars right to gratuity.
Guj. HC 803
Scarcity of fund not justify for paying gratuity.
Guj. HC 817
Section 9A of I D Act, 1947 not warrants reduction of employer’s share of provident fund to Rs.6500.
Guj. HC 806
Gratuity Act, 1972 is not restricted to only commercial establishments.
Ori. HC 810
Principal employer is liable to pay accident compensation.
Bom. HC 799
Labour Court should decide all the points together.
All. HC 820
Insurance Company, receiving premium for a package policy, cannot escape liability of a loader.
Karn. HC 832
Even if a worker has worked beyond period of probation, it would not justify confirmation.
Del. HC 839
Termination of probationary services before confirmation would not amount to retrenchment.
Del. HC 839
Dismissal of bank employee will not be modified under section 11A of ID Act.
Mad. HC 843
When a bank employee loses confidence, his dismissal cannot be set aside.
Mad. HC 843
Labour Court is empowered to grant relief even when not demanded by an employee.
All. HC 856
Assistant Chemist, not exercising the supervisory powers, would be a workman.
All. HC 879
A plea not taken at first instance will not be permitted at belated stage.
Guj. HC 800
Judicial Authorities should be sympathetic when litigants appear in person.
Karn. HC 819
Delayed payment of gratuity will attract interest.
Guj. HC 803 and 817
Employers’ rules can’t be for lesser gratuity than in the Act.
Ori. HC 810
An employee is not entitled to back-wages for the contingent period.
Del. HC 793
Damage for delayed deposit of provident fund dues is not mandatory.
Ker. HC 833
Registrar of Trade Unions can cancel the registration of a union. All. HC 823
Difference of pay to workers can be granted under section 33-C (i) of the ID Act.
Chhat. HC 826
Probationary services can be terminated before or after expiry of initial or extended period.
Del. HC 839
Standard of evidence in criminal trial and the enquiries is entirely different.
Mad. HC 843
Insurance Court will not decide a criminal offence.
Ker. HC 885
Qualification(s) for promotion cannot be introduced as a fresh requirement.
Del. HC 854
Adverse inference will be drawn when Management failed to produce attendance register.
All. HC 858
Reference for adjudication for a dispute raised after 22 years is to be quashed.
All. HC 864
Nature of duties not designation is the criterion to determine the status of ‘workman’.
All. HC 879
Compensation Commissioner can’t review its own order.
All. HC 872
Statutory entitlements cannot be curtailed by framing Rules.
Ori. HC 810
Damages depend upon discretion of officer by reasoned order.
Ker. HC 833
Tribunal justified in rejecting to decide preliminary issue.
All. HC 820
Restoration of an ex-parte order can be allowed by Compensation Commissioner.
All. HC 876
Unless confirmed in writing, a probationer continues to be on probation.
Del. HC 839 and All HC 856
VRS aims at weeding out the deadwood.
Supreme Court 785
Scope of writ is restricted on factual finding.
Guj. HC 800
From India, Mumbai
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2584Please find the Judgements reported in LLR - August 2013, for your information and discussion, as under:
VRS benefit cannot be claimed as of right.
Supreme Court 785
Approval is not necessary for dismissal of workman with less than 240 days service.
Supreme Court 787
Even after completing 240 days service, a probationer has no right of permanency.
Del. HC 839
Employer’s share to EPF contribution can be reduced to Rs.6,500.
Guj. HC 806
Financial crunch will justify reduction of damages for delayed deposit of EPF dues.
Ker. HC 833
Travelling allowance included for calculation of gratuity.
Guj. HC 803
Apprentices on regular work would be ‘employees’ to be covered under Provident Fund Act.
Mad. HC 849
Person responsible for the company’s business is to be prosecuted for non-payment of ESI contributions.
Ker. HC 885
Adjudicator is empowered with ancillary or incidental matters.
Karn. HC 819
Lump sum compensation, in lieu of reinstatement, not debars right to gratuity.
Guj. HC 803
Scarcity of fund not justify for paying gratuity.
Guj. HC 817
Section 9A of I D Act, 1947 not warrants reduction of employer’s share of provident fund to Rs.6500.
Guj. HC 806
Gratuity Act, 1972 is not restricted to only commercial establishments.
Ori. HC 810
Principal employer is liable to pay accident compensation.
Bom. HC 799
Labour Court should decide all the points together.
All. HC 820
Insurance Company, receiving premium for a package policy, cannot escape liability of a loader.
Karn. HC 832
Even if a worker has worked beyond period of probation, it would not justify confirmation.
Del. HC 839
Termination of probationary services before confirmation would not amount to retrenchment.
Del. HC 839
Dismissal of bank employee will not be modified under section 11A of ID Act.
Mad. HC 843
When a bank employee loses confidence, his dismissal cannot be set aside.
Mad. HC 843
Labour Court is empowered to grant relief even when not demanded by an employee.
All. HC 856
Assistant Chemist, not exercising the supervisory powers, would be a workman.
All. HC 879
A plea not taken at first instance will not be permitted at belated stage.
Guj. HC 800
Judicial Authorities should be sympathetic when litigants appear in person.
Karn. HC 819
Delayed payment of gratuity will attract interest.
Guj. HC 803 and 817
Employers’ rules can’t be for lesser gratuity than in the Act.
Ori. HC 810
An employee is not entitled to back-wages for the contingent period.
Del. HC 793
Damage for delayed deposit of provident fund dues is not mandatory.
Ker. HC 833
Registrar of Trade Unions can cancel the registration of a union. All. HC 823
Difference of pay to workers can be granted under section 33-C (i) of the ID Act.
Chhat. HC 826
Probationary services can be terminated before or after expiry of initial or extended period.
Del. HC 839
Standard of evidence in criminal trial and the enquiries is entirely different.
Mad. HC 843
Insurance Court will not decide a criminal offence.
Ker. HC 885
Qualification(s) for promotion cannot be introduced as a fresh requirement.
Del. HC 854
Adverse inference will be drawn when Management failed to produce attendance register.
All. HC 858
Reference for adjudication for a dispute raised after 22 years is to be quashed.
All. HC 864
Nature of duties not designation is the criterion to determine the status of ‘workman’.
All. HC 879
Compensation Commissioner can’t review its own order.
All. HC 872
Statutory entitlements cannot be curtailed by framing Rules.
Ori. HC 810
Damages depend upon discretion of officer by reasoned order.
Ker. HC 833
Tribunal justified in rejecting to decide preliminary issue.
All. HC 820
Restoration of an ex-parte order can be allowed by Compensation Commissioner.
All. HC 876
Unless confirmed in writing, a probationer continues to be on probation.
Del. HC 839 and All HC 856
VRS aims at weeding out the deadwood.
Supreme Court 785
Scope of writ is restricted on factual finding.
Guj. HC 800
From India, Mumbai
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Hello Mr. Keshav,
Please do the needful for Below Judgement copies, i am unable to find the judgement copies
* Employer’s share to EPF contribution can be reduced to Rs.6,500.
Guj. HC 806
* Travelling allowance included for calculation of gratuity.
Guj. HC 803
Thanking you,
Regards,
Ashsih
From India, Pune
Acknowledge(0)Amend(0)
Please do the needful for Below Judgement copies, i am unable to find the judgement copies
* Employer’s share to EPF contribution can be reduced to Rs.6,500.
Guj. HC 806
* Travelling allowance included for calculation of gratuity.
Guj. HC 803
Thanking you,
Regards,
Ashsih
From India, Pune
Acknowledge(0)Amend(0)
Dear Ashish ji,
Sorry, I could not respond to you immediately.
In regards to PF contribution being reduced to a salary of Rs. 6500/-, there are many judgments by various HCs. Also, there is a judgment by the SC in Marathwada Gramin Bank (SC 2011 LLR 1130). I have uploaded the said judgment of the SC earlier in this forum. You are requested to research the same to view it.
Regarding Traveling Allowance included for the calculation of Gratuity in Guj HC 803, in the matter of RM Engineering Works Vs. Khushalbhai Chavda & 2 Ors. The contention by the learned counsel for the appellant is that while calculating the amount of gratuity, Traveling & Washing Allowance are taken into consideration. In support of this submission, the learned counsel relied upon the definition of wages under section 2(s) of the Act, which is given verbatim as follows:
"wages" means all emoluments that are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages, and any other allowance.
From India, Mumbai
Acknowledge(0)Amend(0)
Sorry, I could not respond to you immediately.
In regards to PF contribution being reduced to a salary of Rs. 6500/-, there are many judgments by various HCs. Also, there is a judgment by the SC in Marathwada Gramin Bank (SC 2011 LLR 1130). I have uploaded the said judgment of the SC earlier in this forum. You are requested to research the same to view it.
Regarding Traveling Allowance included for the calculation of Gratuity in Guj HC 803, in the matter of RM Engineering Works Vs. Khushalbhai Chavda & 2 Ors. The contention by the learned counsel for the appellant is that while calculating the amount of gratuity, Traveling & Washing Allowance are taken into consideration. In support of this submission, the learned counsel relied upon the definition of wages under section 2(s) of the Act, which is given verbatim as follows:
"wages" means all emoluments that are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages, and any other allowance.
From India, Mumbai
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