HR Manager’s Quick Insights

"HR Manager’s Quick Insights – December 2024"
Stay Updated: Key HR and Legal Judgments Shaping the Workplace

1.    Workplace Abandonment Defined: Abandonment reflects an intention to leave employment voluntarily.
Harjit Singh v. Presiding Officer, Industrial Tribunal, Patiala (2017)
2.    Back-Wages and Unemployment: Claiming back-wages requires proof of unemployment.
W.H. Brady & Co. Ltd. v. A.R. Sulochana (2012)
3.    EPFO and Functional Integrality: The EPFO must prove integrality to club multiple units.
Mahakoushal Gasolene Enterprises v. Assistant Provident Fund Commissioner (2013)
4.    Apprenticeship vs. Workman: Even without a formal contract, an apprentice is not a workman.
Shankerbhai L. Vankar v. Executive Engineer (2017)
5.    Correction of Birth Date: Timely requests for correction of birth date should be entertained.
Sri Bhuban Chandra Baruah v. Food Corporation of India (2014)
6.    Show-Cause Notice Isn’t a Charge-Sheet: A show-cause notice cannot always be treated as a charge-sheet.
Om Parkash v. Industrial Tribunal, Bathinda (2015)
7.    Contracts Under Coercion: Contracts signed under undue influence or fraud are deemed illegal.
Hari B.P. v. Bharat Coking Coal Ltd. (2016)
8.    Continuous Service Includes Sundays: Sundays count in calculating continuous service.
Ram Kishan Gurjar v. State of Rajasthan (2006)
9.    Disciplinary Decisions and Courts: Courts do not interfere in decisions from disciplinary proceedings.
Baijnath Prasad v. Central Bank of India (2016)
10.    Equal Wages for Contract Labour: Contract workers can claim wages equal to their category.
Surjeet Shyamal v. Union of India (2018)
11.    Union Demonstrations: No demonstrations within 100 meters of an establishment.
G4S Security Services v. G4S Krantikari Karamchari Union (2012)
12.    Opportunity Before Wage Deduction: Employees must be heard before deducting wages.
Bata India Ltd. v. Workmen of Bata India Ltd. (2022)
13.    Ex-Parte Enquiry Requires Reasoning: Supporting reasons are mandatory in ex-parte enquiries.
Dula Ram Chaudhari v. Uttar Pradesh Cooperative Spinning Mills Federation Ltd. (2009)
14.    Accidents Outside Scope: No compensation if a cleaner meets an accident while driving.
New India Assurance Co. Ltd. v. K.S. Puttappa (2007)
15.    Owner as Employee: A hotel owner can qualify as an employee under the ESI Act.
F. Basheer v. Regional Director, ESI Corporation (2014)
16.    Partners Excluded from PF Coverage: Partners are not counted as employees for PF.
EPFO v. M/s. Ambar Products (2016)
17.    Canteen Obligations: Factories must maintain canteens if staff strength exceeds 250.
Mohan Singh v. Railway Board (2015)
18.    Parallel Proceedings: Departmental and criminal proceedings can run simultaneously.
Yemanura v. Union Bank of India (2017)
19.    Daily Wager Termination: Tribunal-approved termination for theft will not be interfered with.
Vijay Pal Singh v. N.D.M.C. (2007)
20.    Charitable Trust as Industry: Charitable trusts fall under the Industrial Disputes Act.
Union of India v. Shree Gajanan Maharaj Sansthan (2002)
21.    Delayed PF Deposits: Damages for delayed deposits aren’t mandatory.
EPFO v. Sreekamakshy Agency (2013)
22.    Trainees as Workmen: Trainees without proper training can be deemed workmen.
Ananda Bazar Patrika Ltd. v. State of West Bengal (2016)
23.    Retirement Age Clause: Employees cannot claim retirement beyond age defined in Standing Orders.
Sri P. Raju v. Raman Boards Ltd. (2017)
24.    Gratuity Exclusion in Civil Courts: Gratuity claims fall outside Civil Court jurisdiction.
Thoothukudi Fishermen Co-Op Federation v. Appellate Authority (2017)

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Stay ahead in HR and compliance with these pivotal judgments. Discover their practical implications in the upcoming UDYOG VIHAR issue.