Key Labour Law Insights

DELHI HIGH COURT

1. Employer-employee relationship proved when averment of employee is not rebutted.
   The New India Assurance Company Ltd. v. Nayyar
2. Demonstration must be at a sufficient distance from the workplace.
   The New India Assurance Company Ltd. v. GIC Employees' Union (NZ)
3. Conditions of service can be changed only after 21 days' notice.
   A. Radhika v. M/s. Wishwa Prakashan Publishers and Exports Pvt. Ltd.
4. Employees covered under EPF & ESI by the contractor will not be employees of the principal employer.
   Sh. Ashwani Kumar and Others v. M/s. Institute of Hotel Management, Catering and Nutrition, Pusa and Another
5. Denial of opportunity for cross-examination of witnesses would vitiate inquiry by Internal Committee under the PoSH Act.
   Ashok Kumar Singh v. University of Delhi & Others

 

PUNJAB & HARYANA HIGH COURT

1. Abandonment in the absence of letters calling the workman to report for duty is not legal.
   Vijay Singh v. Presiding Officer, Industrial Tribunal-cum-Labour Court-3, Faridabad
2. A show-cause notice cannot always be treated as a charge-sheet.
   Om Parkash v. Presiding Officer, Industrial Tribunal, Bathinda

 

MADRAS HIGH COURT

1. Apprentices, unless working like employees, cannot be construed as employees for coverage under ESI.
   M/s. Kandagiri Spinning Mills Ltd. v. The Regional Director, ESI Corporation
2. An enquiry is not proper if the Enquiry Officer has not considered the evidence of the workman's witness.
   M. Ganesan v. Management of Hyundai Motor India Ltd.
3. Engaging a defence assistant in an enquiry depends upon the Certified Standing Orders.
   Packiyalakshmi v. Joint Registrar/Managing Director, The Central Co-operative Bank Limited and Another
4. Payment of ex-gratia cannot necessarily be termed as bonus.
   Managing Director, Vinayaka Missions Medical College and Hospital v. Presiding Officer, Industrial Tribunal-cum-Labour Court, Puducherry and Another
5. A transfer will be illegal if it alters the status of the worker to that of a supervisor.
   The Managing Director, Power Soap and Abirami Soap Works v. PuthiyaJananayakaThozhilalarMunani
6. Resignation, after its valid acceptance, cannot be withdrawn.
   P.A. Janarthanan v. Presiding Officer, II Additional Labour Court, Chennai and Another

 

KARNATAKA HIGH COURT

1. Prosecution of a factory's Director and Manager is untenable when the company is not impleaded as an accused.
   Sri Ramesh Mehra and Others v. Sri Umesh and Another
2. An embezzler does not deserve any sympathy as it results in loss of confidence of management.
   M/s. Sri Gajanna Motor Transport Co. Ltd. v. Mallesh
3. Misappropriation of money justifies dismissal from service.
   The Management of Syndicate Bank v. Sri S.S. Deshpande
4. Past record, when stigmatic, would not justify reduction of punishment.
   Sri Ramappa v. The Management of NWKRTC, Haveri Division
5. A union leader must be a role model of integrity and law-abiding conduct.
   Krishnappa M. v. Bharat Electronics Ltd.
6. Merely because an employee finds difficulty in climbing stairs is not sufficient to establish partial permanent disability for accident compensation.
   J.K. Industries (Vikrant Tyres Ltd.) v. T.M. Chandrashekhar
7. Dismissal for absence is not justified when the employee applied for leave supported by a medical certificate.
   North-East Karnataka Road Transport Corporation v. Sayed Abdul Raheem

 

KERALA HIGH COURT

1. Defaulter for remittance of PF dues is only the person having ultimate control over the establishment.
   Shafeer Badharudeen, Director, M/s. Attinad Software Private Ltd. & Others v. Employees' Provident Fund Organisation & Others
2. Maternity benefit is also available to a female employee engaged through a contractor.
   Jeslin Jose v. Cochin Port Trust

 

RAJASTHAN HIGH COURT

1. Claim for job security is tenable only when the worker has worked for 240 days.
   Chuttan Lal Sharma v. Registrar, Rajasthan University
2. Privileged leave cannot be claimed by an employee as a matter of right.
   Smt. Shashi Bala Meena v. Punjab National Bank and Others

 

PATNA HIGH COURT

1. Back wages on reinstatement depend upon the length of service and the nature of misconduct.
   Chairman, Uttar Bihar Gramin Bank & Others v. Ramendra Prasad Gauro
2. The burden to prove the number of employees is upon the employer and not the EPF authority.
   Shiva Agro Industries Pvt. Ltd. v. Employees Provident Fund Organisation & Others

 

BOMBAY HIGH COURT

1. Extending ESI coverage by clubbing two establishments is justified when the partners of both firms are common and the place of work is the same.
   New Power Supply v. Deputy Regional Director, Employees' State Insurance Corporation and Another
2. Penalty for sexual harassment based on evidence should not be interfered with by the Court.
   Vidya Akhave v. Union of India, Department of Women and Children & Others

 

GUJARAT HIGH COURT

1. Dismissal of a hospital employee for slapping a doctor is justified.
   SanjaybhaiMaganbhai Patel v. National Thermal Power Corporation Ltd.

 

MADHYA PRADESH HIGH COURT

1. Financial capacity of an employer is relevant for fixation of fair wages.
   Factory Manager, AVTEC Limited v. State of Madhya Pradesh and Another

 

ORISSA HIGH COURT

1. Denial of resumption of duties to a workman after recovery from illness is illegal.
   M/s. Utkal Galvanisers (P) Ltd. v. P. Bholamadhab

 

SUPREME COURT OF INDIA

1. Claim for overtime is tenable only when additional work is admitted by the employer.
   Currency Note Press & Another v. N.N. Sardesai & Others
2. Merely because of the purchase of a new product, the establishment cannot be said to be a new establishment.
   Jessore Industries (India) Limited and Another v. Regional Provident Fund Commissioner & Others
3. Termination can be set aside only by the prescribed authority.
   Municipal Commissioner, Jamnagar Municipal Corporation and Another v. R.M. Doshi
4. Termination of a probationer with stigma, without enquiry, is illegal.
   Dr. Vijayakumaran C.P.V. v. Central University of Kerala & Others