Dear All,
Greetings to all
Below given Judgments are reported in the issue of July 2015 of Labour Law Reporter, one of the most popular and informative journals on Labour Law and Human Resources Management in India.
Punishment for embezzlement not to be interfered by Court Supreme Court 646
Provident Fund dues of contractor with independent code can’t be recovered from principal employer Mad. HC 635
A contract is sham when day-to-day supervision of contractor’s workers is made by principal employer Mad. HC 580
Abandonment of job by workman can’t be presumed without holding of enquiry P&H HC 595
An employer can’t question limitation if no notice u/s. 7(2) of the Gratuity Act is given to employee. Bom. HC 610
Labour Laws are not applicable to Sulabh International Social Service Organization Guj. HC 597
Unless contract to the contrary, transfer of an employee to another company is illegal Del. HC 616
Reinstatement with full back-wages is not always automatic on every illegal termination Del. HC 617
Job security available only when workman proves 240 days continuous service. Del. HC 622
Appearance of Presenting Officer of Management as witness will notvitiate enquiry Cal. HC 642
Non-compliance of transfer and refusal to participate in enquiry are misconducts justifying termination MP HC 655
No ‘employer-employee’ relationship between principal employer and employees of licensed contractors Del. HC 575
Courts can’t direct regularisation of employees engaged through backdoor Del. HC 573
Basis of counting 240 days is to be taken backward from the date of retrenchment P&H HC 591
Termination by one month’s wages without compliance of applicable law is illegal retrenchment Supreme Court 603
Delinquent can’t claim representation by lawyer in enquiry when Presenting Officer of employer is not legally trained Mad. HC
589
Retrenchment compensation imperative on termination of workman with 240 days or more service Del. HC 613
An Award not based on facts is to be set aside Del. HC 568
Dismissal disproportionate when ‘willful disobedience’ only partially proved Supreme Court 561
Termination of an employee for his long unauthorized absence without conducting enquiry is illegal P&H HC 595
Obtaining resignation under pressure and coercion amounts to ‘unfair labour practice’ Raj. HC 658
Appointment for 90 days and giving extension from time to time would not affect continuity of service Del. HC 613
Contractor registered with PF Department Code number is to be treated as ‘independent employer’ Mad. HC 635
Back-wages justified only when workman pleads his unemployment P&H HC 639
Termination by way of punishment is not retrenchment Bom. HC 649
Territorial jurisdiction of the Court lies where the workman was posted and terminate Del. HC 568
Enquiry not perverse if employee did not lead any evidence Del. HC 571
A contract when proved sham, employees of contractor to be absorbed as regular employees Mad. HC 580
Dispensation of enquiry not justified merely that last address of workman was not known P&H HC 595
Object of holding an enquiry is to give the delinquent opportunity to defend against the charge Cal. HC 642
Illegal strike is not a sufficient cause to abstain in the enquiry MP HC 655
Labour Court has to confirm its jurisdiction to terms of reference Bom. HC 648
Writ Court can interfere with enquiry only if the finding is perverse or improper Del. HC 571
Central Government will be appropriate government for Oil industry Del. HC 575
Only discrepancies in monthly return is no ground to recommend for cancellation of Provident Fund exemption Ker. HC 577
Writ Court has limited scope of interference in the Award passed by Labour Court Mad. HC 580
Reinstatement justified when employer fails to hold enquiry for absence of workman P&H HC 595
Past record of a delinquent has to be considered at initial stage Supreme Court 561
Back-wages only from the date of demand notice Del. HC 613
Transfer of an employee as per service conditions is legal Del. HC 616
Liability of unregistered contractors for payment of EPF contributions can be fastened upon principal employer Mad. HC 635
In the absence of any statutory guidelines, an Enquiry Officer can evolve his own procedure Cal. HC 642
Non-rebuttal of allegation of employee by employer, resignation will be clear to be obtained under coercion P&H HC 659
Labour Court/Tribunal is empowered to grant such a relief even not pleaded by workman Supreme Court 561
A dispute raised after 3½ years can’t be rejected Del. HC 613
Finding of facts can’t be challenged by writ petition in High Court Del. HC 622
Nature of work cannot be judged by mere volume or quantity of work Guj. HC 626
An Enquiry must be in conformity with Principle of Natural Justice. Cal. HC 642
Repeated representations to employer is not sufficient explanation for delay in raising dispute Bom. HC 649
Testing, certification of materials of food items carried out in Laboratory will be covered by Factories Act P&H HC 659
An Award by Labour Court beyond terms of reference is to be set aside Bom. HC 648
An Industrial Adjudicator has no power under section 11(3) of the I.D. Act like that of a Civil Court Karn. HC 601
Wages for the period of suspension to an employee cannot be denied Raj. HC 599
Full wages for the period of suspension can’t be denied when the employee is not found guilty in the enquiry Raj. HC 599
Development Officers of LIC are not ‘workmen’. Supreme Court 452
‘Good work reward’ will attract provident fund contributions. Del. HC 473
Paying lesser wages or delayed wages amounts to unfair labour practice. Supreme Court 449
Refusal to obey lawful instructions of superior(s) will justify dismissal. Del. HC 464
Restricting territorial jurisdiction in appointment letter is not legal. MP HC 501
Contract labour system is sham when wages are paid by principal employer. All. HC 505
Medical Laboratory is ‘Hospital’ for coverage under Provident Fund Act. Ker. HC 540
Dismissal of delinquent is proper for threatening to kill higher officer. Guj. HC 518
Reinstatement of contractor’s employee, in control of principal employer, is appropriate. All. HC 505
Plea of loss of confidence is ineffective in absence of proof. Bom. HC 497
An establishment remains covered under Provident Fund Act even on reduction of employees below 20. P&H HC 532
Failure to participate in the enquiry will lead to the proof of delinquent’s guilt. Guj. HC 518
Abandonment of job is not sustainable without enquiry. P&H HC 530
For espousing cause of a single employee, it need not be exclusive union of organization. AP HC 534
Limitation of 60 days is counted from the date of receipt of order. Bom. HC 492
Transfer is not a change in service conditions. Del. HC 464
Recruitment of workmen as daily-wagers is not prohibited. Supreme Court 449
Imposition of penalty on all cases of default is not mandatory. Del. HC 473
When reference is not legal, Award on merits will not sustain. Del. HC 480
Mere failure to furnish enquiry report will not vitiate the enquiry. Pat. HC 521
Compensation in lieu of reinstatement is appropriate after 19 years of illegal termination. Pat. HC 524
No limitation prescribed for raising of an industrial dispute. P&H HC 529
Daily-wagers to be confirmed after 5 years of service. Supreme Court 449
Imposition of damages on provident fund dues at highest rate must be with supporting reasons. Del. HC 473
Transfer is an incident of service. Del. HC 471
Reinstatement not always appropriate if enquiry is vitiated. Del. HC 464
A contractor is bound to pay cess in respect of its labourers. All. HC 504
Accidental compensation to member of ESI can be only under ESI Act. Supreme Court 457
Non-production of relevant records would justify adverse inference. P&H HC 530
An institution employing 20 or more persons is covered under PF Act. Ker. HC 540
Enquiry if conducted properly, Labour Court will not sit as an appellate body. Del. HC 459
Change in service conditions of workmen sans notice u/s. 11A of ID Act is illegal. Del. HC 464
Charges under enquiry not to remain effective when it is vitiated. Bom. HC 497
An Award of Labour Court without jurisdiction is not sustainable. Del. HC 480
EPF Appellate Tribunal has limited power of review under section 7-L(2) of EPF & MP Act. Del. HC 482
Dismissal of employee for threatening to suicide if not retransferred is justified. Pat. HC 521
Reinstatement justified when termination is not excluded by ‘retrenchment’. Pat. HC 524
Non-compliance of section 25-F of ID Act would render termination illegal. P&H HC 530
An order ignoring principles of natural justice is not sustainable. Bom. HC 495
An employer has to conduct an enquiry as per Standing Orders. Del. HC 459
Appeal under section 45-AA of the ESI Act is to be filed within 60 days. Bom. HC 492
Hospital is the genus and clinics are species hence covered under P.F. Act. Ker. HC 540
Discrepancy in wages of permanent and temporary workmen is not permissible. Supreme Court 449
An employer can adduce evidence if no enquiry is held. Del. HC 464
Industrial Disputes Act does not prohibit any Union from espousing the cause of a single workman. AP HC 534
Withdrawal of relaxation by EPF Authority not proper, without consideration. Bom. HC 495
Labour cess not a tax of the State Government. All. HC 504
Transfer order not illegal when stipulated in appointment letter. Del. HC 471
Appropriate Government for controlled industry is the Central not the State. Del. HC 480
Reinstatement is appropriate if workman is acquitted on same charges. Del. HC 488
Defective enquiry stands on same footing as if there is no enquiry. Del. HC 459
Subscribe the Labour Law Reporter to able you to view the complete Text of judgements with their head notes.
From India, Mumbai
2556Greetings to all
Below given Judgments are reported in the issue of July 2015 of Labour Law Reporter, one of the most popular and informative journals on Labour Law and Human Resources Management in India.
Punishment for embezzlement not to be interfered by Court Supreme Court 646
Provident Fund dues of contractor with independent code can’t be recovered from principal employer Mad. HC 635
A contract is sham when day-to-day supervision of contractor’s workers is made by principal employer Mad. HC 580
Abandonment of job by workman can’t be presumed without holding of enquiry P&H HC 595
An employer can’t question limitation if no notice u/s. 7(2) of the Gratuity Act is given to employee. Bom. HC 610
Labour Laws are not applicable to Sulabh International Social Service Organization Guj. HC 597
Unless contract to the contrary, transfer of an employee to another company is illegal Del. HC 616
Reinstatement with full back-wages is not always automatic on every illegal termination Del. HC 617
Job security available only when workman proves 240 days continuous service. Del. HC 622
Appearance of Presenting Officer of Management as witness will notvitiate enquiry Cal. HC 642
Non-compliance of transfer and refusal to participate in enquiry are misconducts justifying termination MP HC 655
No ‘employer-employee’ relationship between principal employer and employees of licensed contractors Del. HC 575
Courts can’t direct regularisation of employees engaged through backdoor Del. HC 573
Basis of counting 240 days is to be taken backward from the date of retrenchment P&H HC 591
Termination by one month’s wages without compliance of applicable law is illegal retrenchment Supreme Court 603
Delinquent can’t claim representation by lawyer in enquiry when Presenting Officer of employer is not legally trained Mad. HC
589
Retrenchment compensation imperative on termination of workman with 240 days or more service Del. HC 613
An Award not based on facts is to be set aside Del. HC 568
Dismissal disproportionate when ‘willful disobedience’ only partially proved Supreme Court 561
Termination of an employee for his long unauthorized absence without conducting enquiry is illegal P&H HC 595
Obtaining resignation under pressure and coercion amounts to ‘unfair labour practice’ Raj. HC 658
Appointment for 90 days and giving extension from time to time would not affect continuity of service Del. HC 613
Contractor registered with PF Department Code number is to be treated as ‘independent employer’ Mad. HC 635
Back-wages justified only when workman pleads his unemployment P&H HC 639
Termination by way of punishment is not retrenchment Bom. HC 649
Territorial jurisdiction of the Court lies where the workman was posted and terminate Del. HC 568
Enquiry not perverse if employee did not lead any evidence Del. HC 571
A contract when proved sham, employees of contractor to be absorbed as regular employees Mad. HC 580
Dispensation of enquiry not justified merely that last address of workman was not known P&H HC 595
Object of holding an enquiry is to give the delinquent opportunity to defend against the charge Cal. HC 642
Illegal strike is not a sufficient cause to abstain in the enquiry MP HC 655
Labour Court has to confirm its jurisdiction to terms of reference Bom. HC 648
Writ Court can interfere with enquiry only if the finding is perverse or improper Del. HC 571
Central Government will be appropriate government for Oil industry Del. HC 575
Only discrepancies in monthly return is no ground to recommend for cancellation of Provident Fund exemption Ker. HC 577
Writ Court has limited scope of interference in the Award passed by Labour Court Mad. HC 580
Reinstatement justified when employer fails to hold enquiry for absence of workman P&H HC 595
Past record of a delinquent has to be considered at initial stage Supreme Court 561
Back-wages only from the date of demand notice Del. HC 613
Transfer of an employee as per service conditions is legal Del. HC 616
Liability of unregistered contractors for payment of EPF contributions can be fastened upon principal employer Mad. HC 635
In the absence of any statutory guidelines, an Enquiry Officer can evolve his own procedure Cal. HC 642
Non-rebuttal of allegation of employee by employer, resignation will be clear to be obtained under coercion P&H HC 659
Labour Court/Tribunal is empowered to grant such a relief even not pleaded by workman Supreme Court 561
A dispute raised after 3½ years can’t be rejected Del. HC 613
Finding of facts can’t be challenged by writ petition in High Court Del. HC 622
Nature of work cannot be judged by mere volume or quantity of work Guj. HC 626
An Enquiry must be in conformity with Principle of Natural Justice. Cal. HC 642
Repeated representations to employer is not sufficient explanation for delay in raising dispute Bom. HC 649
Testing, certification of materials of food items carried out in Laboratory will be covered by Factories Act P&H HC 659
An Award by Labour Court beyond terms of reference is to be set aside Bom. HC 648
An Industrial Adjudicator has no power under section 11(3) of the I.D. Act like that of a Civil Court Karn. HC 601
Wages for the period of suspension to an employee cannot be denied Raj. HC 599
Full wages for the period of suspension can’t be denied when the employee is not found guilty in the enquiry Raj. HC 599
Development Officers of LIC are not ‘workmen’. Supreme Court 452
‘Good work reward’ will attract provident fund contributions. Del. HC 473
Paying lesser wages or delayed wages amounts to unfair labour practice. Supreme Court 449
Refusal to obey lawful instructions of superior(s) will justify dismissal. Del. HC 464
Restricting territorial jurisdiction in appointment letter is not legal. MP HC 501
Contract labour system is sham when wages are paid by principal employer. All. HC 505
Medical Laboratory is ‘Hospital’ for coverage under Provident Fund Act. Ker. HC 540
Dismissal of delinquent is proper for threatening to kill higher officer. Guj. HC 518
Reinstatement of contractor’s employee, in control of principal employer, is appropriate. All. HC 505
Plea of loss of confidence is ineffective in absence of proof. Bom. HC 497
An establishment remains covered under Provident Fund Act even on reduction of employees below 20. P&H HC 532
Failure to participate in the enquiry will lead to the proof of delinquent’s guilt. Guj. HC 518
Abandonment of job is not sustainable without enquiry. P&H HC 530
For espousing cause of a single employee, it need not be exclusive union of organization. AP HC 534
Limitation of 60 days is counted from the date of receipt of order. Bom. HC 492
Transfer is not a change in service conditions. Del. HC 464
Recruitment of workmen as daily-wagers is not prohibited. Supreme Court 449
Imposition of penalty on all cases of default is not mandatory. Del. HC 473
When reference is not legal, Award on merits will not sustain. Del. HC 480
Mere failure to furnish enquiry report will not vitiate the enquiry. Pat. HC 521
Compensation in lieu of reinstatement is appropriate after 19 years of illegal termination. Pat. HC 524
No limitation prescribed for raising of an industrial dispute. P&H HC 529
Daily-wagers to be confirmed after 5 years of service. Supreme Court 449
Imposition of damages on provident fund dues at highest rate must be with supporting reasons. Del. HC 473
Transfer is an incident of service. Del. HC 471
Reinstatement not always appropriate if enquiry is vitiated. Del. HC 464
A contractor is bound to pay cess in respect of its labourers. All. HC 504
Accidental compensation to member of ESI can be only under ESI Act. Supreme Court 457
Non-production of relevant records would justify adverse inference. P&H HC 530
An institution employing 20 or more persons is covered under PF Act. Ker. HC 540
Enquiry if conducted properly, Labour Court will not sit as an appellate body. Del. HC 459
Change in service conditions of workmen sans notice u/s. 11A of ID Act is illegal. Del. HC 464
Charges under enquiry not to remain effective when it is vitiated. Bom. HC 497
An Award of Labour Court without jurisdiction is not sustainable. Del. HC 480
EPF Appellate Tribunal has limited power of review under section 7-L(2) of EPF & MP Act. Del. HC 482
Dismissal of employee for threatening to suicide if not retransferred is justified. Pat. HC 521
Reinstatement justified when termination is not excluded by ‘retrenchment’. Pat. HC 524
Non-compliance of section 25-F of ID Act would render termination illegal. P&H HC 530
An order ignoring principles of natural justice is not sustainable. Bom. HC 495
An employer has to conduct an enquiry as per Standing Orders. Del. HC 459
Appeal under section 45-AA of the ESI Act is to be filed within 60 days. Bom. HC 492
Hospital is the genus and clinics are species hence covered under P.F. Act. Ker. HC 540
Discrepancy in wages of permanent and temporary workmen is not permissible. Supreme Court 449
An employer can adduce evidence if no enquiry is held. Del. HC 464
Industrial Disputes Act does not prohibit any Union from espousing the cause of a single workman. AP HC 534
Withdrawal of relaxation by EPF Authority not proper, without consideration. Bom. HC 495
Labour cess not a tax of the State Government. All. HC 504
Transfer order not illegal when stipulated in appointment letter. Del. HC 471
Appropriate Government for controlled industry is the Central not the State. Del. HC 480
Reinstatement is appropriate if workman is acquitted on same charges. Del. HC 488
Defective enquiry stands on same footing as if there is no enquiry. Del. HC 459
Subscribe the Labour Law Reporter to able you to view the complete Text of judgements with their head notes.
From India, Mumbai
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West Bengal Minimum Wages Notification 1st July 2017.pdf