HR Insights in a Nutshell

1.    Enquiry in Cases of Abandonment of Service
Conducting an enquiry is not mandatory in every case of service abandonment.
Beemakunju v. Food Corporation of India, 2001 (Ker HC)
2.    Apprentices as Employees under Provident Fund Act
Apprentices engaged in regular work qualify as employees under the Provident Fund Act.
Sri Ramnarayan Mills Ltd. v. EPF Appellate Tribunal, 2013 (Mad HC)
3.    Denial of Back Wages Due to Missing Issue Framing
Failure to frame an issue does not justify denial of back wages.
Maruti Bhanudas Kamble v. Bajaj Auto Ltd., 2009 (Bom HC)
4.    Request for Change in Date of Birth Near Retirement
Late-stage requests for birthdate changes should be declined.
Budhan Pandit v. Bharat Refractories Ltd., 2009 (Jhar HC)
5.    Vagueness in Charge-Sheets
A charge-sheet is not vague merely because offensive language is not quoted verbatim.
R. Srinivasa Reddy v. Labour Court-II, 2013 (AP HC)
6.    Consent Requirement for Employer Transfer
A worker cannot be compelled to work under a different employer without consent.
Sunil K.R. Ghosh v. K. Ram Chandran, 2012 (SC)
7.    Writ Petition Exclusion from Pending Industrial Dispute Proceedings
Industrial Disputes Act Section 33 proceedings do not apply to pending High Court writ petitions.
Chennai Port and Dock Workers Congress v. Union of India, 2002 (Mad HC)
8.    Burden of Proof on Employers Regarding 240 Days of Work
If an employee proves 240 days of work, the employer must disprove it.
Sanjay Kumar v. CEO, Janpad Panchayat, Ratlam, 2010 (MP HC)
9.    Worker Demonstration Restrictions
Protests and demonstrations can be restricted within 100 meters of an employer’s premises.
Maruti Udyog Ltd. v. Maruti Udyog Employees' Union, 2002 (Del HC)
10.    Justification for Dismissal Due to Alcohol Consumption While Driving
A driver caught driving under the influence warrants dismissal.
Municipal Corporation of Greater Bombay v. Siddheshwar Shivaji Kamble, 1999 (Bom HC)
11.    Criminal Acquittal Does Not Affect Disciplinary Proceedings
An acquittal in a criminal case does not guarantee relief in departmental actions.
Tulasi Motayya v. NWKRTC, 2017 (Karn HC)
12.    EPF Authority Must Follow Due Process for Levying Damages
Imposing damages without following procedure is invalid.
APFC v. Kanya Kubj Lime Works, 2012 (MP HC)
13.    Disability Compensation and Earning Capacity
Physical disability does not always correlate with loss of earnings.
Basappa v. Basvaraj M. Tuppad, 2018 (SC)
14.    Binding Nature of Appointment Letter Terms
An employee cannot demand improved conditions beyond those agreed in the appointment letter.
Karnataka State Medical and Sales Representatives Association v. Astra Zeneca Pharma, 2022 (Karn HC)
15.    Employer-Employee Relationship and Documentary Proof
The existence of employment must be proven with documents.
Shambhu v. M/s. Sugan Drycleaners, 2017 (Del HC)
16.    Payment of Last Drawn Wages Post-Reinstatement
A reinstated worker is entitled to their last drawn wages during pending writ petitions.
Delhi Jal Board v. Industrial Tribunal, 2010 (Del HC)
17.    Separate Establishments and Provident Fund Act Coverage
Separate establishments cannot be combined for PF coverage.
PIEM Hotels Ltd. v. RPFC, 2011 (Bom HC)
18.    Suspended Employee and Earned Leave Entitlement
An employee under suspension is not entitled to earned leave.
Central Bank of India v. Shyam Lal Jain, 2010 (Del HC)
19.    Overtime Claims and Employer’s Rebuttal
Overtime claims are valid unless the employer disproves them.
Botad Nagar Palika v. Rashtriya Mazdoor Sangh, 2007 (Guj HC)
20.    Designation as ‘Manager’ and Wage Act Applicability
Merely holding the title of ‘Manager’ does not exempt an employee from wage protection laws.
Anil Kumar Yadav v. State of U.P., 2008 (All HC)
21.    Past Conduct in Disciplinary Action
Employers may consider past work records when determining disciplinary actions.
TNSTC (Coimbatore) Ltd. v. M. Chandrasekaran, 2016 (SC)
22.    Finalization of Resignation
A resignation is effective only upon employer acceptance.
Om Dutta Sharma v. State of Jharkhand, 2017 (Jhar HC)
23.    Seniority of ICC Lady Member Not Mandatory
Internal Complaints Committee (ICC) lady members need not be senior to the complainant.
Smt. Shobha Goswami v. State of U.P., 2015 (All HC)
24.    Integrity in Union Leadership
Union leaders should exhibit integrity and diligence.
Krishnappa M. v. Bharat Electronics Ltd., 2018 (Karn HC)
25.    Overtime Claims and Employer Admission
Overtime is payable only when the employer acknowledges extra work.
Currency Note Press v. N.N. Sardesai, 2019 (SC)
26.    Employee Transfers and Personal Difficulties
Personal challenges do not justify court interference in transfers.
Naresh Sahani v. FCI, 2021 (Gau HC)
27.    Dismissal for Absence and Medical Leave
An employee’s dismissal for absence is unfair if leave was requested with a medical certificate.
NEKRTC v. Sayed Abdul Raheem, 2019 (Karn HC)
28.    Factory Inspections and Prior Notice
Factory inspectors do not need to issue notices before inspections.
Rupinder Singh Sodhi v. State of W.B., 2020 (Cal HC)
29.    Consultants' Payments and ESI Act Contributions
Payments to professionals such as lawyers and consultants are not considered wages under the ESI Act.
SBI General Insurance v. ESIC, 2023 (Bom HC)
30.    Bonus Beyond Minimum Rate
Additional bonus payments beyond 8.33% are not a right, even if paid in the past.
Pharmaceutical Chemical & Allied Employees Union v. J.L. Morrison (India) Ltd., 2018 (Karn HC)
31.    Inquiry Not Needed for ‘Loss of Confidence’ Cases
Employers may terminate an employee for ‘loss of confidence’ without holding an inquiry.
Delhi State Civil Supply Corp. v. Badan Singh, 2019 (Del HC)
32.    Legality of Advocate as Enquiry Officer
Appointing an advocate as an inquiry officer against standing orders is unlawful.
Tata Steel Processing v. Kripa Shankar Tiwary, 2022 (Jhar HC)
33.    Dismissal for Theft and Discipline Maintenance
Reducing dismissal penalties for theft could encourage indiscipline.
Management of Telco v. Anita Sharma, 2021 (Jhar HC)
34.    Contractual Workers’ Status
Long-term work with a contractor does not automatically make one an employee of the principal employer.
Sona Devi v. Industrial Tribunal, 2023 (P&H HC)