Dear All,

Please find the Judgements reported in LLR - August 2013, for your information and discussion, as under:

VRS benefit cannot be claimed as of right.

Supreme Court 785

Approval is not necessary for dismissal of workman with less than 240 days service.

Supreme Court 787

Even after completing 240 days service, a probationer has no right of permanency.

Del. HC 839

Employer’s share to EPF contribution can be reduced to Rs.6,500.

Guj. HC 806

Financial crunch will justify reduction of damages for delayed deposit of EPF dues.

Ker. HC 833

Travelling allowance included for calculation of gratuity.

Guj. HC 803

Apprentices on regular work would be ‘employees’ to be covered under Provident Fund Act.

Mad. HC 849

Person responsible for the company’s business is to be prosecuted for non-payment of ESI contributions.

Ker. HC 885

Adjudicator is empowered with ancillary or incidental matters.

Karn. HC 819

Lump sum compensation, in lieu of reinstatement, not debars right to gratuity.

Guj. HC 803

Scarcity of fund not justify for paying gratuity.

Guj. HC 817

Section 9A of I D Act, 1947 not warrants reduction of employer’s share of provident fund to Rs.6500.

Guj. HC 806

Gratuity Act, 1972 is not restricted to only commercial establishments.

Ori. HC 810

Principal employer is liable to pay accident compensation.

Bom. HC 799

Labour Court should decide all the points together.

All. HC 820

Insurance Company, receiving premium for a package policy, cannot escape liability of a loader.

Karn. HC 832

Even if a worker has worked beyond period of probation, it would not justify confirmation.

Del. HC 839

Termination of probationary services before confirmation would not amount to retrenchment.

Del. HC 839

Dismissal of bank employee will not be modified under section 11A of ID Act.

Mad. HC 843

When a bank employee loses confidence, his dismissal cannot be set aside.

Mad. HC 843

Labour Court is empowered to grant relief even when not demanded by an employee.

All. HC 856

Assistant Chemist, not exercising the supervisory powers, would be a workman.

All. HC 879

A plea not taken at first instance will not be permitted at belated stage.

Guj. HC 800

Judicial Authorities should be sympathetic when litigants appear in person.

Karn. HC 819

Delayed payment of gratuity will attract interest.

Guj. HC 803 and 817

Employers’ rules can’t be for lesser gratuity than in the Act.

Ori. HC 810

An employee is not entitled to back-wages for the contingent period.

Del. HC 793

Damage for delayed deposit of provident fund dues is not mandatory.

Ker. HC 833

Registrar of Trade Unions can cancel the registration of a union. All. HC 823

Difference of pay to workers can be granted under section 33-C (i) of the ID Act.

Chhat. HC 826

Probationary services can be terminated before or after expiry of initial or extended period.

Del. HC 839

Standard of evidence in criminal trial and the enquiries is entirely different.

Mad. HC 843

Insurance Court will not decide a criminal offence.

Ker. HC 885

Qualification(s) for promotion cannot be introduced as a fresh requirement.

Del. HC 854

Adverse inference will be drawn when Management failed to produce attendance register.

All. HC 858

Reference for adjudication for a dispute raised after 22 years is to be quashed.

All. HC 864

Nature of duties not designation is the criterion to determine the status of ‘workman’.

All. HC 879

Compensation Commissioner can’t review its own order.

All. HC 872

Statutory entitlements cannot be curtailed by framing Rules.

Ori. HC 810

Damages depend upon discretion of officer by reasoned order.

Ker. HC 833

Tribunal justified in rejecting to decide preliminary issue.

All. HC 820

Restoration of an ex-parte order can be allowed by Compensation Commissioner.

All. HC 876

Unless confirmed in writing, a probationer continues to be on probation.

Del. HC 839 and All HC 856

VRS aims at weeding out the deadwood.

Supreme Court 785

Scope of writ is restricted on factual finding.

Guj. HC 800

From India, Mumbai
Hello Mr. Keshav,
Please do the needful for Below Judgement copies, i am unable to find the judgement copies
* Employer’s share to EPF contribution can be reduced to Rs.6,500.
Guj. HC 806
* Travelling allowance included for calculation of gratuity.
Guj. HC 803
Thanking you,
Regards,
Ashsih

From India, Pune
Dear Ashsih ji,

Sorry, I could not respond you immediately.

I regards to PF contribution can be reduced to salary on Rs. 6500/-, there are many judgements by various HCs. Also there is a judgement by SC in Marathwada Gramin Bank (SC 2011 LLR 1130). I have uploaded the said judgement of SC earlier in this forum. You are requested to do research of the same to view it.

As regards to Traveling Allowance included for calculation of Gratuity Guj HC 803, in the matter of RM Engineering Works Vs. Khushalbhai Chavda & 2 Ors. The contention by learned counsel for appellant that while calculating the amount of gratuity, Traveling & Washing Allowance are taken in to cosiderstion. In support of submission, the learned counsel relied upon definition of wages under section 2(s) of the Act which is given verbatim as under:

"wages" means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance.

From India, Mumbai
Dear Ashsih ji, Sorry again. My above response is not meeting with your requirement. You want the copies of judgements. Please find the attachments.
From India, Mumbai

Attached Files
File Type: pdf RM ENGN WORKS VS KHUSHALBHAI CHAVDA GUJ HC PF.pdf (101.2 KB, 28 views)
File Type: pdf JAMNAGAR GRAMIN.pdf (250.4 KB, 44 views)

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