Dear All,
Greetings!!!
Below given Judgments are reported in the issue of April 2015 of Labour Law Reporter, one of the most popular and informative journals on Labour Law and Human Resources Management in India.
Arbitrary retrenchment amounts to unfair labour practice. Supreme Court 337
Confirmation of probationer not to be presumed even when annual increment is given. Del. HC 405
Provident Fund Authorities not to initiate recovery until the limitation period for filing appeal before the Appellate Tribunal. Ker. HC 427
Termination for misappropriation, after proving charges in enquiry, would be justified. Del. HC 437
Reinstatement with back-wages would be appropriate relief when termination is illegal. Del. HC 367
Apex Court will exercise its extra-ordinary jurisdiction to avoid technicalities. Supreme Court 352
Limitation Act not applicable for filing appeal under the Payment of Gratuity Act. Del. HC 356
A contractor can deposit EPF contributions in the code of principal employer. Guj. HC 390
Home workers through contractors for rolling beedis would be covered by Provident Fund Scheme. Pat. HC 382
Pendency of criminal case is no bar to continue with disciplinary enquiry. Del. HC 431
Seniority list has to be displayed while effecting retrenchment by an employer. Supreme Court 337
While holding proceeding under section 7A of the Provident Fund Act, the Enquiry Officer will function as a Court. Jhar. HC 395
No prejudice to be caused to delinquent when his past record is not disclosed in the order of punishment. Del. HC 431
Mere directions about ‘continuity of service’ would not construe entitlement of back-wages on reinstatement. Del. HC 411
Gratuity can’t be forfeited in the absence of prescribed procedure. Jhar. HC 445
Non-issuing of retrenchment notice and non-payment of compensation would justify reinstatement. Supreme Court 337
Mere admission of accident by a driver would not justify punishment. Karn. HC 401
Industrial adjudicator is empowered to direct the employer to produce additional evidence. Del. HC 367
Before intending closure, the two months’ notice under section 25FFA of the ID Act is required. Supreme Court 337
No deemed confirmation is applicable for probationer in the absence of specific order. Del. HC 405
Domestic enquiry would not be affected due to acquittal of delinquent employee from Criminal Court. Del. HC 431
Weaker section of society should be preferred for beneficial legislation. Supreme Court 352
In disciplinary proceeding, a misconduct not to be proved beyond reasonable doubt. Del. HC 367
Back-wages on reinstatement would be payable when termination is illegal. Supreme Court 337
Prosecuting the employer for provident fund default after one year would be quashed. Guj. HC 391
Laws of drawn wages during pendency of proceeding in higher court not payable on closure of establishment. Ker. HC 378
Damages and penalty would be attracted for non-payment of provident fund contributions by employer. Guj. HC 390
Objection about territorial or pecuniary jurisdiction is to be taken at earliest possible. Jhar. HC 395
Non-speaking order for levying damages for late deposit of PF contributions would not be tenable. Del. HC 361
Termination without enquiry even for long unauthorized absence would be illegal. Ker. HC 376
Claim for money under section 33C(2) of ID Act lies only when it is based on existing right. Karn. HC 403
Past record of an employee, even if it is unblemished, is not always relevant for imposing punishment. Karn. HC 401
Failure to lead evidence before Labour Court in support of charges would vitiate the enquiry. Del. HC 367
Strict rules of evidence are not applicable in domestic enquiries. Del. HC 367
Findings of facts will not be interfered by the High Court. Del. HC 367
Abandonment of employment by an employee cannot be presumed merely by his unauthorised absence. Ker. HC 376
Last drawn wages payable when an employer challenges reinstatement of workman in the higher court. Ker. HC 378
On delayed deposit of EPF contributions, penalty and damages would depend upon the circumstances but interest will be mandatory. Guj. HC 390
Appeal by employer before EPF Appellate Tribunal without impleading employees/union would not be tenable. Cal. HC 387
Subscribe the Labour Law Reporter to able you to view the complete Text of judgements with their head notes.
From India, Mumbai
2556Greetings!!!
Below given Judgments are reported in the issue of April 2015 of Labour Law Reporter, one of the most popular and informative journals on Labour Law and Human Resources Management in India.
Arbitrary retrenchment amounts to unfair labour practice. Supreme Court 337
Confirmation of probationer not to be presumed even when annual increment is given. Del. HC 405
Provident Fund Authorities not to initiate recovery until the limitation period for filing appeal before the Appellate Tribunal. Ker. HC 427
Termination for misappropriation, after proving charges in enquiry, would be justified. Del. HC 437
Reinstatement with back-wages would be appropriate relief when termination is illegal. Del. HC 367
Apex Court will exercise its extra-ordinary jurisdiction to avoid technicalities. Supreme Court 352
Limitation Act not applicable for filing appeal under the Payment of Gratuity Act. Del. HC 356
A contractor can deposit EPF contributions in the code of principal employer. Guj. HC 390
Home workers through contractors for rolling beedis would be covered by Provident Fund Scheme. Pat. HC 382
Pendency of criminal case is no bar to continue with disciplinary enquiry. Del. HC 431
Seniority list has to be displayed while effecting retrenchment by an employer. Supreme Court 337
While holding proceeding under section 7A of the Provident Fund Act, the Enquiry Officer will function as a Court. Jhar. HC 395
No prejudice to be caused to delinquent when his past record is not disclosed in the order of punishment. Del. HC 431
Mere directions about ‘continuity of service’ would not construe entitlement of back-wages on reinstatement. Del. HC 411
Gratuity can’t be forfeited in the absence of prescribed procedure. Jhar. HC 445
Non-issuing of retrenchment notice and non-payment of compensation would justify reinstatement. Supreme Court 337
Mere admission of accident by a driver would not justify punishment. Karn. HC 401
Industrial adjudicator is empowered to direct the employer to produce additional evidence. Del. HC 367
Before intending closure, the two months’ notice under section 25FFA of the ID Act is required. Supreme Court 337
No deemed confirmation is applicable for probationer in the absence of specific order. Del. HC 405
Domestic enquiry would not be affected due to acquittal of delinquent employee from Criminal Court. Del. HC 431
Weaker section of society should be preferred for beneficial legislation. Supreme Court 352
In disciplinary proceeding, a misconduct not to be proved beyond reasonable doubt. Del. HC 367
Back-wages on reinstatement would be payable when termination is illegal. Supreme Court 337
Prosecuting the employer for provident fund default after one year would be quashed. Guj. HC 391
Laws of drawn wages during pendency of proceeding in higher court not payable on closure of establishment. Ker. HC 378
Damages and penalty would be attracted for non-payment of provident fund contributions by employer. Guj. HC 390
Objection about territorial or pecuniary jurisdiction is to be taken at earliest possible. Jhar. HC 395
Non-speaking order for levying damages for late deposit of PF contributions would not be tenable. Del. HC 361
Termination without enquiry even for long unauthorized absence would be illegal. Ker. HC 376
Claim for money under section 33C(2) of ID Act lies only when it is based on existing right. Karn. HC 403
Past record of an employee, even if it is unblemished, is not always relevant for imposing punishment. Karn. HC 401
Failure to lead evidence before Labour Court in support of charges would vitiate the enquiry. Del. HC 367
Strict rules of evidence are not applicable in domestic enquiries. Del. HC 367
Findings of facts will not be interfered by the High Court. Del. HC 367
Abandonment of employment by an employee cannot be presumed merely by his unauthorised absence. Ker. HC 376
Last drawn wages payable when an employer challenges reinstatement of workman in the higher court. Ker. HC 378
On delayed deposit of EPF contributions, penalty and damages would depend upon the circumstances but interest will be mandatory. Guj. HC 390
Appeal by employer before EPF Appellate Tribunal without impleading employees/union would not be tenable. Cal. HC 387
Subscribe the Labour Law Reporter to able you to view the complete Text of judgements with their head notes.
From India, Mumbai
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