Hi, find here important judgments of oct 2009
Industrial Disputes Act makes no distinction between a part-time and a full-time employee. Guj. HC 1112.
-Deposit of ESI contribution before filing of complaints, is no ground for discharge of liability by accused. Bom. HC 1073.
- Persons employed due to exigencies of work for a very short period would not be covered under the EPF Act. Del. HC 1082.
- Termination of service for loss of confidence will not be tenable when there was no proof. P&H HC 1141.
- Apprentices, directors, domestic servants and daily wagers are not to be counted for coverage under Provident Fund Act. Del. HC 1082
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An employee working in clerical capacity is not a ‘workmen’ under Workmen’s Compensation Act. Bom. HC 1153
- Gratuity of an employee can be forfeited only dismissed for prescribed misconducts. Guj. HC 1156
- An employee, guilty of sexual harassment to a superior lady officer, deserves no sympathy. Del. HC 1090
-Resignation, when rightly accepted, can’t be said to be under coercion. Del. HC 1146
- Under section 33 of I.D. Act, the employer will be required to seek approval/permission of the authority where dispute is pending. (SN) Pat. HC 1163.
When a workman was willing to work and was not allowed, he will be entitled to back-wages. (SN) Bom. HC 1165
- Payment of Bonus Act is a beneficial legislation and Authorities are bound to follow the law as laid down. (SN) Ker. HC 1164
- Gratuity is to be calculated as if an employee has worked for 26 days instead of 30 days in a month.(SN) Ker. HC 1164
ESIC is liable for payment of compensation on suicide by workman after employment injury.
From India, Mumbai
24Industrial Disputes Act makes no distinction between a part-time and a full-time employee. Guj. HC 1112.
-Deposit of ESI contribution before filing of complaints, is no ground for discharge of liability by accused. Bom. HC 1073.
- Persons employed due to exigencies of work for a very short period would not be covered under the EPF Act. Del. HC 1082.
- Termination of service for loss of confidence will not be tenable when there was no proof. P&H HC 1141.
- Apprentices, directors, domestic servants and daily wagers are not to be counted for coverage under Provident Fund Act. Del. HC 1082
-
An employee working in clerical capacity is not a ‘workmen’ under Workmen’s Compensation Act. Bom. HC 1153
- Gratuity of an employee can be forfeited only dismissed for prescribed misconducts. Guj. HC 1156
- An employee, guilty of sexual harassment to a superior lady officer, deserves no sympathy. Del. HC 1090
-Resignation, when rightly accepted, can’t be said to be under coercion. Del. HC 1146
- Under section 33 of I.D. Act, the employer will be required to seek approval/permission of the authority where dispute is pending. (SN) Pat. HC 1163.
When a workman was willing to work and was not allowed, he will be entitled to back-wages. (SN) Bom. HC 1165
- Payment of Bonus Act is a beneficial legislation and Authorities are bound to follow the law as laid down. (SN) Ker. HC 1164
- Gratuity is to be calculated as if an employee has worked for 26 days instead of 30 days in a month.(SN) Ker. HC 1164
ESIC is liable for payment of compensation on suicide by workman after employment injury.
From India, Mumbai
Dear Sivarambabu,
As per your request ,plz find the Important judgement for the moth of September 09
-Common Managing Director for two separate establishments will not make them as one entity. Supreme Court 1014
- Mere use of refrigerator and grinder in a hotel will not mean use of power for applicability of ESI Act. Supreme Court 950
- Dismissal of a probationer/daily wager, for unsatisfactory work, will not be interfered.Supreme Court 945
-Determination of compensation, in lieu of reinstatement, will be on the basis of factors like method of recruitment, nature of employment and length of service, etc.Supreme Court 966
-Less than 240 days of continuous service in the preceding year will not entitle protection to workmen. Supreme Court 1014
-When a casual workman is employed in different establishments of a Corporation, the concept of ‘continuous service’ can’t be applied.
-Apprentices under the Apprentices Act or the I.E. (Standing Orders) Act are excluded from ESI Act
- Failure to prove 240 days’ working in a year will not render the termination as illegal.Guj. HC 1024
- franchisee distribution of bottled soft drinks will be a distinct establishment.Mad. HC 972
-In case of dismissal of a workman for misconduct, the compliance of section 25 F of the I.D. Act will not be imperative. Jhar. HC 996
-Gratuity paid to an employee can’t be recovered when not dismissed for any misconduct as stipulated in the Act. All. HC 1004
- Physical Education Teacher, in an educational institution, will not be a workman. Del. HC 957
- Definition of one Act cannot be applied for another Act.
- Non-obtaining of licence by the contractor will not follow regularization of workers.
- Death of an electrician, employed through contractor but supervised by the principal employer, will make the latter responsible for compensation. Guj. HC 986
- Manufacturing process’ with the aid of power, as defined in section 2(12) of ESI Act, does not mean use of power. Supreme Court 950
- Merely working for 4½ months will not give any right to claim benefit. Bom. HC 1036
- Labour Court rightly held that a senior officer in supervisory category is not a ‘workman’.
Jhar. HC 1042
--Coverage of a franchisee establishment under the Provident Fund Act is to be cancelled. Mad. HC 972
--No direct relationship of employer and employee when the work of contract workers is not supervised by the principal employer. Karn. HC 1010
-- Shouting at superiors, using abusive and derogatory language, will amount to a serious misconduct justifying dismissal. Jhar. HC 1039
--Contract workers could not claim ‘equal pay for equal work’. Karn. HC 1010
--ESI Act not applicable upon the Municipality employees for better medical facilities and amenities. AP HC 1051
--or calculation of compensation under the Workmen’s Compensation Act, the food allowance being paid to the deceased will form part of wages. HP HC 1051
--nterest on compensation will accrue after 30 days of accident. HP HC 1051
--Termination of a watchman, without payment of retrenchment compensation, will be illegal when he had worked for 240 days.Ori. HC 1055
From India, Mumbai
As per your request ,plz find the Important judgement for the moth of September 09
-Common Managing Director for two separate establishments will not make them as one entity. Supreme Court 1014
- Mere use of refrigerator and grinder in a hotel will not mean use of power for applicability of ESI Act. Supreme Court 950
- Dismissal of a probationer/daily wager, for unsatisfactory work, will not be interfered.Supreme Court 945
-Determination of compensation, in lieu of reinstatement, will be on the basis of factors like method of recruitment, nature of employment and length of service, etc.Supreme Court 966
-Less than 240 days of continuous service in the preceding year will not entitle protection to workmen. Supreme Court 1014
-When a casual workman is employed in different establishments of a Corporation, the concept of ‘continuous service’ can’t be applied.
-Apprentices under the Apprentices Act or the I.E. (Standing Orders) Act are excluded from ESI Act
- Failure to prove 240 days’ working in a year will not render the termination as illegal.Guj. HC 1024
- franchisee distribution of bottled soft drinks will be a distinct establishment.Mad. HC 972
-In case of dismissal of a workman for misconduct, the compliance of section 25 F of the I.D. Act will not be imperative. Jhar. HC 996
-Gratuity paid to an employee can’t be recovered when not dismissed for any misconduct as stipulated in the Act. All. HC 1004
- Physical Education Teacher, in an educational institution, will not be a workman. Del. HC 957
- Definition of one Act cannot be applied for another Act.
- Non-obtaining of licence by the contractor will not follow regularization of workers.
- Death of an electrician, employed through contractor but supervised by the principal employer, will make the latter responsible for compensation. Guj. HC 986
- Manufacturing process’ with the aid of power, as defined in section 2(12) of ESI Act, does not mean use of power. Supreme Court 950
- Merely working for 4½ months will not give any right to claim benefit. Bom. HC 1036
- Labour Court rightly held that a senior officer in supervisory category is not a ‘workman’.
Jhar. HC 1042
--Coverage of a franchisee establishment under the Provident Fund Act is to be cancelled. Mad. HC 972
--No direct relationship of employer and employee when the work of contract workers is not supervised by the principal employer. Karn. HC 1010
-- Shouting at superiors, using abusive and derogatory language, will amount to a serious misconduct justifying dismissal. Jhar. HC 1039
--Contract workers could not claim ‘equal pay for equal work’. Karn. HC 1010
--ESI Act not applicable upon the Municipality employees for better medical facilities and amenities. AP HC 1051
--or calculation of compensation under the Workmen’s Compensation Act, the food allowance being paid to the deceased will form part of wages. HP HC 1051
--nterest on compensation will accrue after 30 days of accident. HP HC 1051
--Termination of a watchman, without payment of retrenchment compensation, will be illegal when he had worked for 240 days.Ori. HC 1055
From India, Mumbai
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Important Labour Judgments 09.pdf
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