Key Labour Law Insights

Supreme Court

• Contractor's employee controlled by principal employer, doing regular jobs to be regularised.
  Chennai Port Trust v. The Chennai Port Trust Industrial Employees Canteen Workers Welfare Association and Ors.
• Civil Courts are debarred to take cognizance of the transfer of workmen.
  M/s. Mitra S.P. (P) Ltd. & Anr. v. Dhiren Kumar
• Termination will be set aside only by the prescribed authority.
  Municipal Commissioner, Jamnagar Municipal Corp. and Anr. v. R.M. Doshi

 

Delhi

• Theft of official documents and using them against employer by an employee would justify his dismissal.
  Manjeet Singh v. State of NCT of Delhi & Ors.
• Declining maternity leave to a contractual employee penalizes her for becoming a mother.
  Manisha Priyadarshini v. Aurobindo College - Evening & Ors.
• Last drawn wages to a workman during pendency of proceedings in higher Court are not refundable.
  North Delhi Municipal Corporation v. Satish
• Internal Complaint Committee under PoSH Act is empowered to grant interim relief.
  Ms. C (Name and address confidential) v. Indian Institute of Corporate Affairs and Ors.
• An employer need not hold an enquiry in misconduct resulting in ‘loss of confidence’.
  Delhi State Civil Supply Corporation Ltd. v. Sh. Badan Singh

 

Madras / Tamil Nadu

• Apprentices unless working like employees can't be construed as employees for coverage under ESI.
  M/s. Kandagiri Spinning Mills Ltd. v. The Regional Director, ESI Corporation
• Mere common ownership of new establishment is not a necessary factor for clubbing.
  Assistant Provident Fund Commissioner v. I.P. Rings Ltd. and Another
• Recovery of EPF dues by the Authority without identification of beneficiaries is not proper.
  M/s Viprah Technologies Limited v. The Regional Provident Fund Commissioner II & Recovery Officer
• Unlike civil law, the successor of a deceased in an award will be liable for appropriate action.
  The Management, Jafra Insoles India Ltd. v. The Presiding Officer, Principal Labour Court, Vellore District and Ors.

 

Karnataka

• Prosecution of the employer will remain in abeyance till disposal of the application for permission for closure of the industry.
  Management of M/s. Ramkumar Mills Pvt. Ltd. v. Secretary, Department of Labour Govt. of Karnataka Vikas Soudha & Anr.
• An employee failing to rebut the charges as levied will be presumed guilty.
  Vasant Jagannatha Jannu v. Management of NWKSRTC, U.K. Division, Sirsi
• Enhancing retirement age by certifying authority without any financial burden on employer is not illegal.
  The Management of M/s. GEM Properties Pvt. Ltd. v. Tumkur Jilla Engineering and General Workers Union
• Absence of employer-employee relationship would not justify holding employer liable for payment of dues.
  The Assistant Provident Fund Commissioner v. Sharada Chitramandira
• Customary bonus paid in past at the discretion of employer can't be claimed as a right.
  Pharmacutical Chemical & Allied Employees Union v. The Management of M/s. J.L. Morrison (India) Limited

 

Kerala

• Artificial break of two days in contracts cannot be a device to deny maternity benefits.
  Naziya B. and Ors. v. State of Kerala and Anr.
• Maternity benefit is also available to a female employee engaged through contractor.
  Jeslin Jose v. Cochin Port Trust
• Objection that charge-sheet is vague, if not taken in enquiry, cannot be raised later.
  SUT Hospital v. Labour Court, Kollam and Another

 

Odisha

• A Demonstration Representative working on commission will be a ‘workman’.
  Hrusikesh Swain v. The Presiding Officer, Industrial Tribunal, Bhubaneswar & Anr.
• Fabricated signature on gate passes is grave misconduct attracting major punishment.
  M/s Tata Sponge Iron Limited and Another v. State of Odisha and Others
• Denial to resume duties by a workman after recovery from illness is illegal.
  M/s Utkal Galvanisers (P) Ltd. v. P. Bholamadhab

 

Gujarat

• Reinstatement with back wages justified when juniors were retained on termination.
  Taluka Development Officer v. Sureshchandra Shanabhai Parekh
• No sympathy can be shown to employee dismissed for loss of confidence of management.
  Lupin Ltd. v. Melsingh Bhagvansinh Parmar

 

Rajasthan

• Privileged leave cannot be claimed by an employee as a matter of right.
  Smt. Shashi Bala Meena v. Punjab National Bank and Others

 

Bombay / Maharashtra

• Penalty for sexual harassment based on evidence is not to be interfered with by the Court.
  Vidya Akhave v. Union of India, Department of Women and Children & Ors.
• Extending probation period three times without reference to performance is not proper.
  Catholic Urban Co-operative Credit Society Ltd. v. Bawatis Salu Madatis

 

Punjab & Haryana

• Abandonment of job by worker has to be proved by the management.
  Fuelsave System & Devices Pvt. Ltd. v. Raj Kishore

 

Madhya Pradesh

• Service condition of workman can't be changed during pendency of industrial dispute.
  Peb Steel Lloyd (India) Ltd. v. Nitin Sonwane s/o Shri Ashok Sonwane

 

Andhra Pradesh / Hyderabad

• High Court will not entertain writ petition against an interim order of Labour Court.
  Nutrine Confectionary Company Pvt. Ltd. Employees' Union rep. by its working President v. The State of Andhra Pradesh and Others

 

Jharkhand

• Forcibly signing on an attendance sheet and assaulting an officer are misconducts.
  Employers in relation to the Management of Kathara Washery of M/s C.C. Ltd. v. Their Workman Sri Laxman Gope