Dear All,
Below given Judgments are reported in the issue of June 2014 of Labour Law Reporter, one of the most popular and informative journals on Labour Law and Human Resources Management in India.
Mere submission of medical certificate without supporting application would not justify absence. Del. HC 626
Enquiry will be proper when workman has appeared and cross-examined the witnesses. Del. HC 626
Declaration of lock out will be justified when the workers damaged the properties and assaulted the manager. Gau. HC 613
Once there are 20 employees Provident Fund Act becomes applicable even when the total number is reduced. Del. HC 611
Transfer of an employee from Guna to Bhopal cannot be stalled merely that he will not be able to get medical facilities. MP HC 640
Part-time sweeper is also a ‘workman’. Cal. HC 642
Dismissal based on conviction not tenable when offence was committed outside employer’s premises. P&H HC 651
Mere negligence of employee, will not debar him from accident compensation. Del. HC 566
240 days’ continuous working is the condition precedent for challenging wrongful termination. All. HC 576
Abandonment can be presumed when the workman did not resume duty despite repeated letters. Del. HC 598
Dependents of the deceased driver on duty will be entitled to accident compensation. Del. HC 607
Owner of a hotel can be treated as employee for coverage under ESI Act. Ker. HC 637
Once there are 20 employees Provident Fund Act becomes applicable even when the total number is reduced. Del. HC 608
House rent allowance, if not included in wages for compensation, would render retrenchment as illegal. Del. HC 647
Insurer is liable for compensation when accident arises in course of employment. Del. HC 566
Compensation for an accident can be denied only when victim was under the influence of liquor/drugs. Del. HC 566
100% accident compensation when employee is rendered totally disabled. Del. HC 566
Last drawn wages payable to a reinstated workman if the employer challenges the award in the higher court. Ker. HC 581
Delay of 10 years for claiming accident compensation can’t be condoned. Del. HC 561
Liability of compensation only when accident arises out of and in the course of employment. Del. HC 561
Ex-parte proceedings can be set aside against cost. Raj. HC 574
Even a belated dispute has to be referred for adjudication. Guj. HC 576
Reinstatement of a daily wager by raising the dispute after 8 years of termination is unsustainable. All. HC 576
It is for terminated workman to prove to have worked for 240 days. All. HC 576
A quasi judicial authority must pass only a speaking order. Bom. HC 569
Declaration of ‘protected workmen’ not always necessary within 15 days of the communication. Karn. HC 592
An employer can decline to declare a ‘protected workman’ who is dismissed. Karn. HC 592
Section 11A of the ID Act ensures that there is no victimization of unfair treatment to a workman. Ori. HC 583
Supporting reasons must be given for modifying punishment. Ori. HC 583
Acquittal will not affect continuation of disciplinary action. Jhar. HC 588
Abandonment cannot be presumed in the absence of cogent evidence. P&H HC 571
Termination sans retrenchment compensation is illegal. P&H HC 571
Reinstatement justified when termination is violative of natural justice. P&H HC 571
Compensation, not reinstatement would be appropriate to a daily wager. All. HC 615
Trend of recent judgments reveal awarding of compensation instead of reinstatement. All. HC 615
Non-rebuttal of averment of the employer in written statement by the workman would justify the contention. Del. HC 598
Dispute challenging retirement age is beyond pale of section 2A of ID Act. Del. HC 604
Alteration of retirement age can be challenged when espoused by appreciable number of workmen. Del. HC 604
A school rightly covered under Provident Fund when the principal has affirmed about employment of 20 employees. Del. HC 611
A principal employer can also be treated as an ‘employee’ under ESI Act. Ker. HC 637
For unauthorised absence termination of service would be appropriate. Del. HC 626
Alleging denial of opportunity in an enquiry by an employee would be untenable when he failed to participate enquiry. Del. HC 626
Medical expenses for accident, if not claimed in the petition, would not justify claiming it subsequently. Del. HC 634
Back-wages on reinstatement rightly denied when termination challenged after 11 years. Bom. HC 636
Suffering chest pain after long distance drive by a deceased truck driver would justify accident compensation. Del. HC 623
Transfer, when made because of administrative reasons, would be justified. MP HC 640
‘Workman’ will include casual, temporary or part time employee. Cal. HC 642
Employer-employee relationship will be established when workman was getting monthly remuneration. Cal. HC 642
Reinstatement with back-wages appropriate on non-payment of retrenchment compensation and notice pay on termination. Cal. HC 642
Dignity of labour, constitutionally ensured, needs proper recognition. Cal. HC 642
‘Hire and fire’ rule extraneous for achieving social justice. Cal. HC 642
Seniority list must be displayed before effecting retrenchment. Del. HC 647
Back-wages on reinstatement after employee was acquitted in criminal case. P&H HC 651
Remedy for recovery of money against employer, if availed in Civil Court, would not be permitted before the Labour Court. P&H HC 656
An employee having more than one forum for redressal can opt anyone. P&H HC 656
Reinstatement without back-wages is appropriate if the litigation has taken a long. Karn. HC 597
From India, Mumbai
2556Below given Judgments are reported in the issue of June 2014 of Labour Law Reporter, one of the most popular and informative journals on Labour Law and Human Resources Management in India.
Mere submission of medical certificate without supporting application would not justify absence. Del. HC 626
Enquiry will be proper when workman has appeared and cross-examined the witnesses. Del. HC 626
Declaration of lock out will be justified when the workers damaged the properties and assaulted the manager. Gau. HC 613
Once there are 20 employees Provident Fund Act becomes applicable even when the total number is reduced. Del. HC 611
Transfer of an employee from Guna to Bhopal cannot be stalled merely that he will not be able to get medical facilities. MP HC 640
Part-time sweeper is also a ‘workman’. Cal. HC 642
Dismissal based on conviction not tenable when offence was committed outside employer’s premises. P&H HC 651
Mere negligence of employee, will not debar him from accident compensation. Del. HC 566
240 days’ continuous working is the condition precedent for challenging wrongful termination. All. HC 576
Abandonment can be presumed when the workman did not resume duty despite repeated letters. Del. HC 598
Dependents of the deceased driver on duty will be entitled to accident compensation. Del. HC 607
Owner of a hotel can be treated as employee for coverage under ESI Act. Ker. HC 637
Once there are 20 employees Provident Fund Act becomes applicable even when the total number is reduced. Del. HC 608
House rent allowance, if not included in wages for compensation, would render retrenchment as illegal. Del. HC 647
Insurer is liable for compensation when accident arises in course of employment. Del. HC 566
Compensation for an accident can be denied only when victim was under the influence of liquor/drugs. Del. HC 566
100% accident compensation when employee is rendered totally disabled. Del. HC 566
Last drawn wages payable to a reinstated workman if the employer challenges the award in the higher court. Ker. HC 581
Delay of 10 years for claiming accident compensation can’t be condoned. Del. HC 561
Liability of compensation only when accident arises out of and in the course of employment. Del. HC 561
Ex-parte proceedings can be set aside against cost. Raj. HC 574
Even a belated dispute has to be referred for adjudication. Guj. HC 576
Reinstatement of a daily wager by raising the dispute after 8 years of termination is unsustainable. All. HC 576
It is for terminated workman to prove to have worked for 240 days. All. HC 576
A quasi judicial authority must pass only a speaking order. Bom. HC 569
Declaration of ‘protected workmen’ not always necessary within 15 days of the communication. Karn. HC 592
An employer can decline to declare a ‘protected workman’ who is dismissed. Karn. HC 592
Section 11A of the ID Act ensures that there is no victimization of unfair treatment to a workman. Ori. HC 583
Supporting reasons must be given for modifying punishment. Ori. HC 583
Acquittal will not affect continuation of disciplinary action. Jhar. HC 588
Abandonment cannot be presumed in the absence of cogent evidence. P&H HC 571
Termination sans retrenchment compensation is illegal. P&H HC 571
Reinstatement justified when termination is violative of natural justice. P&H HC 571
Compensation, not reinstatement would be appropriate to a daily wager. All. HC 615
Trend of recent judgments reveal awarding of compensation instead of reinstatement. All. HC 615
Non-rebuttal of averment of the employer in written statement by the workman would justify the contention. Del. HC 598
Dispute challenging retirement age is beyond pale of section 2A of ID Act. Del. HC 604
Alteration of retirement age can be challenged when espoused by appreciable number of workmen. Del. HC 604
A school rightly covered under Provident Fund when the principal has affirmed about employment of 20 employees. Del. HC 611
A principal employer can also be treated as an ‘employee’ under ESI Act. Ker. HC 637
For unauthorised absence termination of service would be appropriate. Del. HC 626
Alleging denial of opportunity in an enquiry by an employee would be untenable when he failed to participate enquiry. Del. HC 626
Medical expenses for accident, if not claimed in the petition, would not justify claiming it subsequently. Del. HC 634
Back-wages on reinstatement rightly denied when termination challenged after 11 years. Bom. HC 636
Suffering chest pain after long distance drive by a deceased truck driver would justify accident compensation. Del. HC 623
Transfer, when made because of administrative reasons, would be justified. MP HC 640
‘Workman’ will include casual, temporary or part time employee. Cal. HC 642
Employer-employee relationship will be established when workman was getting monthly remuneration. Cal. HC 642
Reinstatement with back-wages appropriate on non-payment of retrenchment compensation and notice pay on termination. Cal. HC 642
Dignity of labour, constitutionally ensured, needs proper recognition. Cal. HC 642
‘Hire and fire’ rule extraneous for achieving social justice. Cal. HC 642
Seniority list must be displayed before effecting retrenchment. Del. HC 647
Back-wages on reinstatement after employee was acquitted in criminal case. P&H HC 651
Remedy for recovery of money against employer, if availed in Civil Court, would not be permitted before the Labour Court. P&H HC 656
An employee having more than one forum for redressal can opt anyone. P&H HC 656
Reinstatement without back-wages is appropriate if the litigation has taken a long. Karn. HC 597
From India, Mumbai
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