Dear All,
Greetings to all
Below given Judgments are reported in the issue of March 2015 of Labour Law Reporter, one of the most popular and informative journals on Labour Law and Human Resources Management in India.
• Civil Courts cannot decide labour disputes. Supreme Court 254
• Identification of actual beneficiaries is must on passing of order under section 7A of the PF Act.P&H HC 269
• Regularisation of contractor's employees by the principal employer is illegal merely on non-registration under CLRA Act. Jhar. HC 277 & Cal. HC 292
• Termination void ab initio without compliance of provisions of I.D. Act. Supreme Court 225
• Unauthorised absence will justify termination. P&H HC 267
• Transfer can't be challenged under section 2A of I.D. Act. Del. HC 264
• Gratuity Act also applies to charitable trusts. P&H HC 249
• Validity of enquiry is to be decided as preliminary issue. Bom. HC 288
• Dismissal for misappropriation not disproportionate for blemished record. Mad. HC 301
• No relief on failure to prove 240 days of working. All. HC 250
• Dismissal after 14 years of charge-sheet not appropriate. Supreme Court 229
• A teacher is also entitled to gratuity. Del. HC 233
• A dispute untenable when employer offers reinstatement to worker. Bom. HC 239
• Delay for filing appeal in the EPF Tribunal can't be condoned. Karn. HC 246
• Reinstatement and back-wages is not automatic. P&H HC 248
• Termination can't be presumed in the absence of specific order. Del. HC 264
• Abandonment of job rightly presumed if workman not responded to letters. P&H HC 271
• Compensation instead of reinstatement is appropriate. P&H HC 309
• No relief from Court when the law as prescribed is not complied with. Supreme Court 225 & P&H HC 309
• A letter bearing correct address would be presumed to have been served. Del. HC 235
• Recovery of EPF dues can be stayed by High Court when the EPF Tribunal is not functioning. Del. HC 287
• Appellate Authority can condone delay beyond limitation period. Karn. HC 246
• Court can't quash transfer when it is in accordance with terms of employment. Del. HC 264
• Oral evidence for 240 days working is not sufficient. Jhar. HC 277
• No retrenchment compensation when workman abandoned his job. P&H HC 271
• Abandonment of job by a workman is depending upon his intention. Del. HC 284
• Non-examination of ticketless passengers would not vitiate enquiry. Mad. HC 301
• Leniency in matters of misappropriation is not proper. Mad. HC 301
• Non-compliance of section 25-F of I.D. Act would attract reinstatement with back-wages even for a casual worker. P&H HC 309
• Death of Enquiry Officer not a valid cause for non production of enquiry report. P&H HC 272
• Termination by abolishing the post in outsourcing the works to agencies would amount to retrenchment. P&H HC 320
• Death of pump drivers by suffocation will justify accident compensation. Bom. HC 318
• Reinstatement with full back-wages appropriate when termination is void ab initio . Supreme Court 225
• Abnormal delay in submitting enquiry report makes it ineffective. Supreme Court 229
• Burden of proof for working 240 days lies on person who pleads. All. HC 250 & Jhar. HC 277
• EPF Authority must hear employer before imposing damages. Ker. HC 243
• Limitation Act is not applicable for appeals before EPF Tribunal. Karn. HC 246
• Section 2-A of I.D. Act to be invoked only against dismissal, discharge or retrenchment. Del. HC 264
• EPF Authority can take police help for identification of beneficiaries. P&H HC 269
• Compensation is appropriate when the shop is closed down. Del. HC 284
• High Court to interfere with order of Labour Court when patently perverse. Supreme Court 229
• Financial difficulties can justify waiver of damages for delayed deposit of EPF contribution. Ker. HC 243
• Merely the employee nominated his father, pension to mother cannot be taken away. Ker. HC 242
• Gratuity can't be denied to an employee when others have been paid. P&H HC 249
• Challenging ex-parte Award after 5 years is not tenable. Del. HC 235
• Accident compensation payable only if it has arisen out of and in the course of employment. Bom. HC 260
• Compensation in lieu of reinstatement not always justified. Guj. HC 274
• Only penal action is warranted for non-compliance of CLRA Act. Jhar. HC 277
• Reinstatement of driver, terminated without due process, is justified. P&H HC 272
• An Award to be set aside only if it is based on no evidence. Del. HC 235
• Compensation is appropriate to daily-wager on wrongful termination. P&H HC 248
• Labour Court has to confine adjudication to terms of reference. Supreme Court 254
• Reference for 0regularisation can be made when contract of employment subsists. Supreme Court 254
• Reinstatement with back-wages appropriate if termination is illegal. Guj. HC 274
• Non-production of enquiry report before Labour Court would vitiate enquiry. P&H HC 272
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 March 2015 of Labour Law Reporter, one of the most popular and informative journals on Labour Law and Human Resources Management in India.
• Civil Courts cannot decide labour disputes. Supreme Court 254
• Identification of actual beneficiaries is must on passing of order under section 7A of the PF Act.P&H HC 269
• Regularisation of contractor's employees by the principal employer is illegal merely on non-registration under CLRA Act. Jhar. HC 277 & Cal. HC 292
• Termination void ab initio without compliance of provisions of I.D. Act. Supreme Court 225
• Unauthorised absence will justify termination. P&H HC 267
• Transfer can't be challenged under section 2A of I.D. Act. Del. HC 264
• Gratuity Act also applies to charitable trusts. P&H HC 249
• Validity of enquiry is to be decided as preliminary issue. Bom. HC 288
• Dismissal for misappropriation not disproportionate for blemished record. Mad. HC 301
• No relief on failure to prove 240 days of working. All. HC 250
• Dismissal after 14 years of charge-sheet not appropriate. Supreme Court 229
• A teacher is also entitled to gratuity. Del. HC 233
• A dispute untenable when employer offers reinstatement to worker. Bom. HC 239
• Delay for filing appeal in the EPF Tribunal can't be condoned. Karn. HC 246
• Reinstatement and back-wages is not automatic. P&H HC 248
• Termination can't be presumed in the absence of specific order. Del. HC 264
• Abandonment of job rightly presumed if workman not responded to letters. P&H HC 271
• Compensation instead of reinstatement is appropriate. P&H HC 309
• No relief from Court when the law as prescribed is not complied with. Supreme Court 225 & P&H HC 309
• A letter bearing correct address would be presumed to have been served. Del. HC 235
• Recovery of EPF dues can be stayed by High Court when the EPF Tribunal is not functioning. Del. HC 287
• Appellate Authority can condone delay beyond limitation period. Karn. HC 246
• Court can't quash transfer when it is in accordance with terms of employment. Del. HC 264
• Oral evidence for 240 days working is not sufficient. Jhar. HC 277
• No retrenchment compensation when workman abandoned his job. P&H HC 271
• Abandonment of job by a workman is depending upon his intention. Del. HC 284
• Non-examination of ticketless passengers would not vitiate enquiry. Mad. HC 301
• Leniency in matters of misappropriation is not proper. Mad. HC 301
• Non-compliance of section 25-F of I.D. Act would attract reinstatement with back-wages even for a casual worker. P&H HC 309
• Death of Enquiry Officer not a valid cause for non production of enquiry report. P&H HC 272
• Termination by abolishing the post in outsourcing the works to agencies would amount to retrenchment. P&H HC 320
• Death of pump drivers by suffocation will justify accident compensation. Bom. HC 318
• Reinstatement with full back-wages appropriate when termination is void ab initio . Supreme Court 225
• Abnormal delay in submitting enquiry report makes it ineffective. Supreme Court 229
• Burden of proof for working 240 days lies on person who pleads. All. HC 250 & Jhar. HC 277
• EPF Authority must hear employer before imposing damages. Ker. HC 243
• Limitation Act is not applicable for appeals before EPF Tribunal. Karn. HC 246
• Section 2-A of I.D. Act to be invoked only against dismissal, discharge or retrenchment. Del. HC 264
• EPF Authority can take police help for identification of beneficiaries. P&H HC 269
• Compensation is appropriate when the shop is closed down. Del. HC 284
• High Court to interfere with order of Labour Court when patently perverse. Supreme Court 229
• Financial difficulties can justify waiver of damages for delayed deposit of EPF contribution. Ker. HC 243
• Merely the employee nominated his father, pension to mother cannot be taken away. Ker. HC 242
• Gratuity can't be denied to an employee when others have been paid. P&H HC 249
• Challenging ex-parte Award after 5 years is not tenable. Del. HC 235
• Accident compensation payable only if it has arisen out of and in the course of employment. Bom. HC 260
• Compensation in lieu of reinstatement not always justified. Guj. HC 274
• Only penal action is warranted for non-compliance of CLRA Act. Jhar. HC 277
• Reinstatement of driver, terminated without due process, is justified. P&H HC 272
• An Award to be set aside only if it is based on no evidence. Del. HC 235
• Compensation is appropriate to daily-wager on wrongful termination. P&H HC 248
• Labour Court has to confine adjudication to terms of reference. Supreme Court 254
• Reference for 0regularisation can be made when contract of employment subsists. Supreme Court 254
• Reinstatement with back-wages appropriate if termination is illegal. Guj. HC 274
• Non-production of enquiry report before Labour Court would vitiate enquiry. P&H HC 272
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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