Key Labour Law Insights

Gujarat High Court (Guj. HC)

Direction to pay bonus sans formula prescribed by Bonus Act is set aside.
Ahmedabad Advance Mills Ltd. v. Rameshchandra D. Christian and Ors.
No relief on termination if the workman has not served for 240 days.
Bhavnagar Municipal Corporation v. Anil Budhabhai Vegad.

Punjab & Haryana High Court (P&H HC)

Abandonment of establishment when employer offered duty, but workman demanded back wages.
Punjab Steel Forging and Agro Industries v. Presiding Officer, Industrial Tribunal, Patiala and Anr.

Supreme Court of India (SC)

An apprentice, engaged under the Apprentices Act, has no right for absorption on completion of training.
Mahanadi Coalfields Ltd. v. Sri Sadashib Behera.
All departments/branches situated anywhere will be the same establishment under the EPF Act.
Yeshwant Gramin Shikshan Sansthan Sanstha v. Assistant Provident Fund Commissioner and Others.

Patna High Court (Pat. HC)

Back wages on reinstatement depend on the length of service and nature of the misconduct.
Chairman, Uttar Bihar Gramin Bank & Ors. v. Ramendra Prasad Gauro.
Absence of registration and license under CLRA Act will not entitle contract workers to be employee of principal employer.
Indian Oil Corporation Ltd., Barauni v. The Union of India.

Himachal Pradesh High Court (HP HC)

Date of birth can't be corrected in writ petition for enhancement of pension.
Tripta Devi & Others v. Employees' Provident Fund Organization & Others.

Karnataka High Court (Karn. HC)

Bonus in addition to 8.33% can't be claimed as a right even when it was paid in the past.
Pharmaceutical Chemical & Allied Employees Union v. The Management of M/s. J.L. Morrison (India) Limited.
Dismissal of a driver justified causing accident, remaining absent and misappropriation of money of the corporation.
The Management of NWKRTC, Belgaum Division v. Vittal F. Bharamannavar.
100 per cent functional disability in an accident would justify total compensation under Employees Compensation Act.
Arun Kumar Jha v. Ranvir Singh & Anr.
Launching prosecution of principal employer for non-payment of bonus to the workers of contractor is to be quashed.
Shachindra Kumar, Factory Manager, Hindustan Unilever Ltd. v. State of Karnataka.
Findings of the enquiry devoid of reasons and opportunity to the delinquent employee will be vitiated.
Bairy v. The General Manager.
An employee having accepted terms contained in the appointment letter cannot demand better service conditions.
Karnataka State Medical and Sales Representatives Association & Ors. v. Astra Zeneca Pharma India Ltd.

Bombay High Court (Bom. HC)

Coverage of an establishment under ESI merely on inspector report not tenable.
M/s. Natraj Cinema v. The Deputy Regional Director, Employees State Insurance Corporation.
Civil Court or High Court can restrain the strike in public utility services.
Bharat Petroleum Corp. Ltd. v. Petroleum Workmen's Union and Others.
Retention allowance paid to seasonal employees will form part of wages under the Payment of Bonus Act, and such employees will be entitled to bonus.
Sangammer Bhag Sahakari Sakhar Karkhana Ltd. v. Rashtriya Sakhar Kamgar Union.
Surveyors and insurance agents would not be employees to be covered under ESI and EPF Acts.
SBI General Insurance Company Ltd. v. Employees' State Insurance Corporation and Anr.

Allahabad High Court (All. HC)

If the charges are not framed for issuing of charge-sheet, it would be irregularity and not illegality.
Prem Nath v. State of Uttar Pradesh.

Delhi High Court (Del. HC)

Conditions of service can be changed only after 21 days' notice.
A. Radhika v. M/s. Wishwa Prakashan Publishers and Exports Pvt. Ltd.
Demonstration and dharna etc., by employees resulting in disruption of the normal work not permissible.
The New India Assurance Company Ltd. v. GIC Employees' Union (NZ).
Fraudulent transaction of money for self-gains by a worker is a grave misconduct.
Central Warehousing Corporation v. Madan Mohan.
A female employee on contractual basis, having worked for more than 80 days, will be entitled to maternity benefit.
Bharati Gupta v. Rail India Technical and Economical Services Ltd. (RITES).
An employer in its discretion may discharge the employee simplicitor for loss of confidence.
Nanak Chand v. M/s. Indian Port Association.

Madras High Court (Mad. HC)

City compensatory allowance will form part of wages for calculation of bonus.
Jeeva Transport Corporation Ltd. v. The Presiding Officer, Labour Court, Coimbatore.

Kerala High Court (Ker. HC)

Defaulter for remittance for PF dues is only the one who has ultimate control of the establishment.
Shafeer Badharudeen, Director, M/s. Attinad Software Private Ltd. & Others v. Employees' Provident Fund Organisation & Ors.

Manipur High Court (Mani. HC)

Enquiry to be quashed if enquiry report along with second show-cause notice is not supplied to delinquent.
Md. Siraj Ahamed s/o Md. Ahamed Ali, Manipur v. National Hydroelectric Power Corporation Ltd.

Gauhati High Court (Gau. HC)

Tribunal is empowered under section 11(3) of the ID Act and not by the Code of Civil Procedure.
Goda Dhar Das v. Numaligarh Refinery Ltd. and Others.

Rajasthan High Court (Raj. HC)

Coverage under the EPF Act by clubbing two establishments run by father and son can't be set aside.
M/s. Venus Enterprises v. Employee' Provident Fund Appellate Tribunal, New Delhi.

Orissa High Court (Ori. HC)

Mere sending letters without request for medical leave is not sufficient for granting of leave.
Sri Narasingha Biswal v. Management of the Chief General Manager, Talcher Area of M.C.L.
Criminal proceedings under the Payment of Wages Act for implementation of the award are not tenable.
M/s. Ruchika Social Service Organisation, Bhubaneswar v. Binaya Kumar Suar.

Madhya Pradesh High Court (MP HC)

Overtime payment is to be given for working on holidays/rest days.
Ziqitza Health Care Ltd. and Others v. Rakesh Singh and Others.

Jharkhand High Court (Jhar. HC)

Labour cess, leviable on the supply of materials and consultancy charges, is distinct from civil works.
The State of Jharkhand and Ors. v. M/s Flowmore Limited and Ors.