Key Labour Law Insights

Key Labour Law Insights

 

Delhi High Court (Delhi)

• Abandonment of Work
  M/s. Chunmun Stores (P) Ltd. v. Sh. Gaurav Chauhan
  Abandonment should not be inferred without formal termination.
• Equal Wages to Contract Labour
  Surjeet Shyamal v. Union of India
  Contract labour is entitled to equal wages as per category.
• Prohibition of Demonstration Near Establishments
  4S Security Services v. G4S Krantikari Karamchari Union
  No demonstrations permitted within 100 meters of an establishment.
• Daily-wager Termination for Theft
  Vijay Pal Singh v. N.D.M.C.
  Tribunal's finding on termination upheld.
• Probationer Efficiency
  Delhi Transport Corporation v. Prem Nath
  Only employer can assess a probationer's performance.
• Resignation Withdrawal
  Personnel Manager, Central Warehousing Corpn. v. P.O. G.C.I.T.
  Resignation can’t be withdrawn after two years.
• Moral Policing under POSH Act
  Bibha Pandey v. Punjab National Bank
  Moral policing isn’t the function of management or ICC.
• Ex-Parte Award
  Management of R.L. Marya Hosiery v. Deepa Sharma
  Ex-parte award justified if employer does not appear.
• Deliberate Refusal of Work
  Arun Kumar v. Management of Cable Corum of India
  Leads to loss of confidence.

Gujarat High Court (Gujarat)

• Apprenticeship Contract
  Shankerbhai Lebabhai Vankar v. Executive Engineer
  Non-signing does not convert an apprentice into a workman.
• Claiming Back-Wages
  W.H. Brady & Co. Ltd. v. A.R. Sulochana
  Workman must declare unemployment.

Gauhati High Court (Assam)

• Date of Birth Correction
  Sri Bhuban Chandra Baruah v. Food Corporation of India
  Timely correction request should be considered.

Karnataka High Court (Karnataka)

• EPF Applicability
  Sri Durgaoarameshwari v. Enforcement Officer, EPFO
  Enforcement officer cannot decide EPF Act applicability.
• Accident Compensation
  New India Assurance Co. Ltd. v. K.S. Puttappa
  No compensation if cleaner drives tractor.
• Simultaneous Proceedings
  Yemanura v. Union Bank of India
  Departmental and criminal proceedings can run together.
• Retirement Age
  Sri P. Raju v. Raman Boards Ltd.
  Retirement at 58 if Standing Orders so provide.
• Union Office Bearers
  Krishnappa M. v. Bharat Electronics Ltd.
  Must be role models of integrity and hard work.

Punjab & Haryana High Court (Punjab & Haryana)

• Show-cause Notice
  Om Parkash v. Presiding Officer, Industrial Tribunal
  Not always equivalent to a charge-sheet.
• Illness Plea
  Santokh Singh v. Punjab State Electricity Board
  Unsupported illness plea not valid.

Jharkhand High Court (Jharkhand)

• Undue Influence in Contract
  Hari B.P. v. Bharat Coking Coal Ltd.
  Contract under coercion is illegal.
• Reinstatement
  Dept. of Telecommunication v. Satish Deo Ram
  Rightly awarded when employee not allowed to join duty.

Rajasthan High Court (Rajasthan)

• Continuous Service Calculation
  Ram Kishan Gurjar v. State of Rajasthan
  Sundays count towards continuous service.

Patna High Court (Bihar)

• Disciplinary Proceedings
  Baijnath Prasad v. Central Bank of India
  Writ court won’t re-examine the disciplinary decision.
• Bonus Payment Timeline
  Pradip Lamp Works v. State of Bihar
  Bonus must be paid within eight months.

Madhya Pradesh High Court (Madhya Pradesh)

• EPF Coverage of Partners
  EPFO v. M/s. Ambar Products Gwalior
  Partners not treated as employees for EPF.

Kerala High Court (Kerala)

• Provident Fund Damages
  EPFO v. Sreekamakshy Agency (P) Ltd.
  Damages for delayed deposit are discretionary.
• Associate Professor’s Gratuity
  State of Kerala v. Omana
  Entitled to gratuity.
• Transfer of Employee
  Bharat Serum Vaccines Ltd. v. State of Kerala
  Transfer is an incident of service.

Calcutta High Court (West Bengal)

• Trainees as Workman
  Ananda Bazar Patrika Ltd. v. State of West Bengal
  Trainees without training deemed workman.

Madras High Court (Tamil Nadu)

• Gratuity Claims
  Thoothukudi & Tirunelveli District Fishermen Co-op Federation v. Appellate Authority
  Civil Courts should not entertain gratuity claims.

Orissa High Court (Odisha)

• Home Workers & EPF
  Ram Chandra Omkar Lal v. Asst. Provident Fund Commissioner
  Home workers via contractors are covered under EPF.

Supreme Court of India

• Dismissal After Enquiry
  Ramesh Chand v. Delhi Transport Corporation
  Dismissal valid if proper enquiry is conducted.
• Charitable Trust as Industry
  Union of India v. Shree Gajanan Maharaj Sansthan
  Trust is an ‘industry’ under Industrial Disputes Act.
• ESI Act Benefits
  ESI Corporation v. Radhika Theatre
  Fundamental right to benefits.
• Canteen Obligation
  Mohan Singh v. Chairman Railway Board
  Canteen mandatory when staff exceeds 250.
• Enquiry Post Acquittal
  BHEL v. M. Mani
  Enquiry permissible even after acquittal.
• False Caste Certificate
  Central Bank of India v. Madhulika Dahir
  Appointment rightly set aside.
• Overtime Claim Rejection
  D. Krishnan v. Special Officer, Vellore Cooperative Sugar Mill
  Overtime requires authorisation.