Key Labour Law Insights

Supreme Court of India

1. Claim for overtime tenable only when additional work is admitted by employer.
   Currency Note Press &Anr. v. N.N. Sardesai & Ors.
2. Gratuity paid is exempted up to the prescribed ceiling under Income Tax.
   Krishna Gopal Tiwary &Anr. v. Union of India & Ors.
3. Option for extension of service will not deprive the right to receive gratuity.
   G.B. Pant University of Agriculture and Technology v. Sri Damodar Mathpal

 

Bombay High Court — Maharashtra

1. Principal employer, not contractor, is liable to pay EPF dues.
   Municipal Commissioner &Anr. v. Anita Digambar Jadhav
2. An outsider can also hold an enquiry when the Standing Orders do not prohibit.
   Sandvik Asia Ltd. v. Maruti Mahipati Jagadale
3. Denial of maternity benefits and termination is unfair labour practice.
   Zee News Ltd. v. Sonika Tiwari (Smt.)

 

Calcutta High Court — West Bengal

1. Allegations are to be disposed of by the ICC when neither evidence nor witnesses were produced by the aggrieved woman.
   Banani Chattopadhyay v. Union of India and others

 

Chhattisgarh High Court

1. Coverage of establishment under ESI without ascertaining records needs fresh consideration.
   Kashinath and Sons v. Employees' State Insurance Corporation and Another

 

Delhi High Court

1. An enquiry will not be proper if subsistence allowance is not paid, and the Enquiry Officer was not examined before Court.
   The Management of M/s Delhi International Airport Ltd. v. Ashwani Goel
2. Declining maternity leave to a contractual employee penalizes her for becoming a mother.
   Manisha Priyadarshini v. Aurobindo College - Evening & Ors.
3. Termination of services of workmen engaged through contractors with long service without process of law is illegal.
   Director-General of Works CPWD &Anr. v. Ramraj Singh & Ors.
4. Internal Committee under the Sexual Harassment of Women at Workplace Act is empowered to enforce attendance.
   Ashok Kumar Singh v. University of Delhi and Ors.
5. Leaving suddenly and joining another employer will justify abandonment of job by a workman.
   M/s. Chunmun Stores (P) Ltd. v. Sh. Gaurav Chauhan

 

Gujarat High Court

1. Even if contract of apprenticeship is not signed, an apprentice will not become a workman.
   ShankerbhaiLebabhaiVankar v. Executive Engineer
2. Termination of a probationer on completion of the extended period of probation is not retrenchment.
   Barad VajesingRambhai v. Gujarat Heavy Chemicals Ltd.

 

Karnataka High Court

1. Claim for damages is justified if the employee fails to serve in breach of undertaking.
   Mr. Yeshwant Raghunath Mulay v. M/s. Motor Industries Company Limited
2. Reinstatement justified when employer fails to seek permission or approval under an industrial dispute.
   Sri Mallikarjun v. The Management of NWKRTC
3. A union leader must be a role model of integrity and law-abiding conduct.
   Krishnappa M. v. Bharat Electronics Ltd.

 

Kerala High Court

1. Objection about charge-sheet being vague, if not taken in enquiry, cannot be taken later on.
   SUT Hospital v. Labour Court, Kollam and Another
2. Resignation can be withdrawn before its acceptance.
   Sooryakanth v. Kerala State Financial Enterprises Ltd.

 

Madhya Pradesh High Court

1. Absence of pleading by employer about gainful employment of the workman will entitle the latter to 50% back wages.
   Ishwar Dayal Khaskalam v. Madhya Pradesh Road Transport Corporation
   Citation retained: 2018 (156) FLR 82
2. An employee holding a transferable post cannot ask to remain posted at a particular place.
   Intas Pharmaceuticals Ltd. and Another v. Yogendra Singh Chouhan

 

Madras High Court — Tamil Nadu

1. Seeking direction in a writ for representation by co-worker in enquiry will not be entertained.
   MRF Employees Union v. Government of Tamilnadu and Others
2. Right to demonstration by workers is subject to reasonable restrictions.
   Chennai YetrumathiValagaUzhiyargalMatrumPodhuThozhilalar Sangam v. Commissioner of Labour, Chennai and Others
3. Burden to prove functional integrality between two companies is upon EPF Authority.
   Assistant Provident Fund Commissioner v. I.P. Rings Ltd. and Another
4. High Court will not interfere in punishment imposed by employer after holding fair enquiry.
   Management, Tamil Nadu State Transport Corporation v. Presiding Officer, Chennai &Anr.
5. Non-payment of suspension allowance would vitiate an enquiry.
   UCO Bank & Ors. v. Rajendra Shankar Shukla
6. Mere acquittal in criminal case would not absolve the negligence committed by a driver.
   Management, Tamil Nadu State Transport Corp. v. Sivakumar and Another

 

Orissa High Court — Odisha

1. Electricity charges can be enhanced as ‘notice of change’ is not necessary.
   Management of Steel Authority of India Ltd. v. Presiding Officer, Industrial Tribunal, Bhubaneswar and Others

 

Patna High Court — Bihar

1. Mere gate passes are not sufficient for treating contractor’s workers as employees of the principal employer.
   Indian Oil Corporation Ltd., Barauni v. The Union of India
2. Delay in remittance of EPF dues when caused by bank, and not by employer, makes imposition of damages untenable.
   Uttar Bihar Gramin Bank v. The Union of India and Others

 

Punjab & Haryana High Court

1. Abandonment is an intention of the workman to leave service.
   Harjit Singh v. Presiding Officer, Industrial Tribunal, Patiala
   Citation retained: 2017 III LLJ 148
2. Calculating 240 days working of a daily wager, unpaid weekly rest days will be included.
   Jaspal @ Yashpal v. Maharaja Aggarsain Institute of Medical Research and Education, Agroha, Tehsil & District Hisar and others

 

Telangana High Court

1. Two establishments with a common bill counter and entrance were rightly clubbed for ESI coverage.
   Balaji Grand Bajaar v. Dy. Director, ESI Corp., Hyderabad