"HR Manager’s Quick Insights – January 2025"

Himachal Pradesh (HP HC)
1.    Tribunal Proceedings
○    Proceedings before the Tribunal will continue until the award becomes enforceable. This ensures that the process reaches its logical conclusion and cannot be prematurely terminated.
2.    Absence Amounting to Retirement
○    If a workman remains absent for over two years, it is considered voluntary retirement. This emphasizes the importance of continuous service and assumes that prolonged absence implies intent to leave.
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Punjab & Haryana (P&H HC)
1.    Writ Petition Delay
○    A writ petition will not be entertained if there is an unexplained, inordinate delay, as it indicates negligence in seeking timely justice.
2.    240 Days Calculation
○    For legal purposes, the calculation of 240 working days will be based on the 12 months immediately preceding the claim. This standard ensures consistency in determining eligibility for benefits.
3.    Sickness as Continuous Service
○    The period during which an employee is sick will be treated as continuous service, providing job security during health-related absences.
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Madras (Mad HC)
1.    Notice of Change in Conditions
○    In the absence of a provision regarding transferring a workman, issuing a notice before altering service conditions is mandatory to avoid disputes.
2.    Writ Jurisdiction Punishment Modification
○    The High Court has the authority to modify punishments in writ jurisdiction, providing checks on unjust disciplinary actions.
3.    Coverage of Trainees
○    Trainees performing similar duties as other workers must be included under the Provident Fund Act, ensuring equitable treatment and benefits.
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Karnataka (Karn HC)
1.    Two Establishments and PF Act
○    Two establishments functioning together with at least 20 employees fall under the Provident Fund Act, ensuring compliance and benefits for workers.
2.    Date of Birth Corrections
○    Corrections to the date of birth in official records are not allowed near the end of service, preventing misuse for extending tenure.
3.    Charge-Sheet for Side Business
○    A charge sheet issued to an employee for involvement in other businesses is valid if specific details, such as business names and addresses, are included.
4.    Interim Relief by Labour Court
○    Labour Courts can grant interim relief during the pendency of a dispute, ensuring temporary justice and alleviation of hardship.
5.    Invalid Increment Withholding
○    Withholding salary increments during suspension without due process is invalid, protecting employees from arbitrary actions.
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Allahabad (All HC)
1.    Contract Labour System
○    When wages are paid directly by the principal employer, the contract labour system is deemed a sham, and the workers are treated as regular employees.
2.    Unemployment Assertion
○    No back wages can be granted if a worker fails to assert their unemployment status during the dispute, emphasizing the importance of accurate and timely claims.
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Rajasthan (Raj HC)
1.    Driver Dismissal
○    A driver’s refusal to work on a weekly off day for emergency duty justifies dismissal, showcasing the necessity of fulfilling emergent responsibilities.
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Bombay (Bom HC)
1.    Outsider Enquiry
○    An outsider can conduct an enquiry unless explicitly prohibited by the Standing Orders, allowing for impartial investigations.
2.    Assault Away from Work
○    Assaults by employees far from the workplace are not considered workplace misconduct, limiting employer liabilities.
3.    Provident Fund Coverage
○    Provident Fund coverage from the day of joining is not illegal, safeguarding workers' financial interests from their first day.
4.    Pension Scheme Exemption
○    Only establishments, not individuals or groups, can be exempted from the pension scheme, maintaining uniformity in policy application.
5.    Enquiry Fairness
○    The responsibility to prove unfairness in an enquiry lies with the worker, not the management, ensuring balanced accountability.
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Delhi (Del HC)
1.    Accommodation Status
○    Employees provided accommodation by employers are considered licensees, not tenants, reducing employer obligations under tenancy laws.
2.    Confidence-Based Misconduct
○    Employers should not hold enquiries into misconduct if it leads to a ‘loss of confidence,’ emphasizing the subjective nature of certain terminations.
3.    Apprenticeship Offers
○    Apprentices cannot reject employment offers post-training, ensuring smoother transitions to the workforce.
4.    Section 33C(2) Claims
○    Denying claims based on disputes over employer-employee relationships is unjust, highlighting the need for thorough examinations.
5.    Pregnancy Termination
○    Employers cannot terminate services due to unawareness of pregnancy, reinforcing protections for expecting employees.
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Gujarat (Guj HC)
1.    Abandonment of Service
○    Refusing to work on-site with a team is considered abandonment of service, upholding teamwork as a core employment principle.
2.    Unauthorized Absence
○    Striking off a worker's name for unauthorized absence without due process is improper, safeguarding employee rights.
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Orissa (Ori HC)
1.    Acquittal in Prosecutions
○    Acquittal in prosecutions launched by ESI authorities after six months is valid, emphasizing adherence to timely legal actions.
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Andhra Pradesh (AP HC)
1.    Quarter Cancellation
○    Canceling a workman’s allotted quarters does not equate to changing their service conditions, preserving employer discretion.
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Jharkhand (Jhar HC)
1.    Late Factory Act Prosecution
○    Prosecution for Factories Act violations filed after six months is invalid, emphasizing timely legal compliance.
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Madhya Pradesh (MP HC)
1.    EPF Authority Damages
○    Levying damages without due process by the EPF Authority is invalid, ensuring procedural fairness for employers.