Key Labour Law Insights

Allahabad (Uttar Pradesh)

Liabilities may be fastened on contractors once engagement of contract labour is established: Case of N.T.P.C. Ltd. v. Union of India and Others (Allahabad)

Calcutta

Principal employer is liable for wages if the contractor fails to pay his workers: Case of Bharat Cooking Coal Ltd. & Anr. v. Aloka Mahato & Ors. (Calcutta)

Delhi

Conditions of service can be changed only after 21 days' notice: Case of A. Radhika v. M/s. Wishwa Prakashan Publishers and Exports Pvt. Ltd. (Delhi)
Full back wages to a workman having lost confidence of the management, is perverse: Case of Central Warehousing Corporation v. Madan Mohan (Delhi)
Fraudulent transaction of money for self-gains by a worker is a grave misconduct: Case of Central Warehousing Corporation v. Madan Mohan (Delhi)
Exemption under Bonus Act is available only for non-profit establishments: Case of Batra Hospital Employees Union v. Batra Hospital & Medical Research (Delhi)
Even a part-time employee is entitled to gratuity under the Payment of Gratuity Act, 1972: Case of Savita Gulati v. Directorate of Education & Anr. (Delhi)
Probationer has no right to be regularised against the wishes of the management: Case of Ashok Kumar v. The Director, Banarsidas Chandiwala Institute of Professional Studies & Anr. (Delhi)
An employer not to hold an enquiry in misconduct resulting in ‘loss of confidence’: Case of Delhi State Civil Supply Corporation Ltd. v. Sh. Badan Singh (Delhi)
Internal Committee can extend the delay of complaint by recording reasons: Case of Tejinder Kaur v. Union of India and Others (Delhi)

Gauhati (Assam)

Transfer of an employee not by competent authority is rightly quashed: Case of Indian Tea and Provision Limited v. Rajib Saikia (Gauhati)

Gujarat

No relief on termination if the workman has not served for 240 days: Case of Bhavnagar Municipal Corporation v. Anil Budhabhai Vegad (Gujarat)

Himachal Pradesh

Adjudicator has to decide a reference but cannot question its maintainability: Case of Sansar Chand v. State of Himachal Pradesh and Another (Himachal Pradesh)

Jammu & Kashmir

Labour Court also exercises the power and jurisdiction of a civil court: Case of M/s Manu Mohit Industries v. State of J&K and Others (Jammu & Kashmir)

Karnataka

Prosecution of factory's Director and Manager untenable when company is not impleaded as accused: Case of Sri. Ramesh Mehra and Others v. Sri. Umesh and Another (Karnataka)
No earned leave on reinstatement: Case of The General Manager, Vijay Bank v. H.C. Jayaprakash (Karnataka)
An employer is not liable to remit EPF contributions of its employees if the Act is not applicable: Case of Enforcement Officer, Employees' Provident Fund Organisation v. Vishvabharathi Education Society (Karnataka)
A union leader must be a role model of integrity and law abiding: Case of Krishnappa M. v. Bharat Electronics Ltd. (Karnataka)
No person shall be prosecuted and punished twice for the same offence: Case of Suman Saurabh v. Internal Complaints Committee Hewlett Packard Global Soft Pvt. Ltd. (Karnataka)

Kerala

Owner of a hotel can also be treated as employee for coverage under ESI Act: Case of F. Basheer v. The Regional Director, Employees State Insurance Corporation (Kerala)

Madhya Pradesh

E.P.F.O. has to prove functional integrality for clubbing of more than one unit: Case of Mahakoushal Gasolene Enterprises v. Assistant Provident Fund Commissioner (Madhya Pradesh)
Service condition of workman can't be changed during pendency of industrial dispute: Case of Peb Steel Lloyd (India) Ltd. v. Nitin Sonwane (Madhya Pradesh)

Madras (Tamil Nadu)

Right to demonstration by the workers is subject to reasonable restrictions: Case of Chennai Yetrumathi Valaga Uzhiyargal Matrum Podhu Thozhilalar Sangam v. Commissioner of Labour, Chennai and Others (Madras)
A person, who issues charge sheet, can also be presenting officer in the enquiry: Case of The Management ELGI Equipments Ltd. v. The Presiding Officer, Labour Court, Coimbatore and Others (Madras)
Apprentices being paid basic and dearness pay etc. will be covered under the EPF Act: Case of M/s. First Garments Manufacturing Company (I) Pvt. Ltd. v. The Presiding Officer, Employees' Provident Fund Appellate Tribunal and Another (Madras)
Damages and interest to be attracted for belated payment without sufficient cause under the EPF Act: Case of The Regional Provident Fund Commissioner v. M/s. Hivelm Industries and Another (Madras)

Orissa

Criminal proceedings under the Payment of Wages Act for implementation of the award are not tenable: Case of M/s. Ruchika Social Service Organisation, Bhubaneswar v. Binaya Kumar Suar (Orissa)

Punjab & Haryana

Abandonment is an intention of the workmen to leave service: Case of Harjit Singh v. Presiding Officer, Industrial Tribunal, Patiala (Punjab & Haryana)
Record if not produced in Labour Court can't be produced in writ petition: Case of The Chief General Manager, State Bank of India and Another v. Mr. Santosh and Another (Punjab & Haryana)
Three companies running in one premises rightly clubbed for coverage under the EPF Act: Case of Central Board of Trustees through Regional Provident Fund Commissioner v. Vajra Golden Lion Canteen (Punjab & Haryana)
Disciplinary Authority is empowered to reject the enquiry report: Case of Surinder Singh v. General Manager, Personnel and Administration, Escorts Mahle Ltd. (Punjab & Haryana)

Rajasthan

Privileged leave cannot be claimed by an employee as a matter of right: Case of Smt. Shashi Bala Meena v. Punjab National Bank and Others (Rajasthan)
Maternity leave can't be denied to an employee merely because consolidated salary was paid to her: Case of Dr. (Smt.) Hemlata Saraswat v. State of Rajasthan (Rajasthan)

Supreme Court of India

Settlement, unless more beneficial for workers, cannot override certified standing orders: Case of Bharatiya Kamgar Karmachari Mahasangh v. M/s. Jet Airways Ltd. (Supreme Court)
Claim for overtime tenable only when additional work is admitted by employer: Case of Currency Note Press & Anr. v. N.N. Sardesai & Ors. (Supreme Court)