Dear All,


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
Hi and best wishes from all our colleagues. Very good and continuous update for practicing HR /IR colleagues.Keep it up Mr.Kargonkar.Suggest to make this type of post atleast quarterly.
RDS Yadav
Navtarang HR Services and Labour Laws Advisor

From India, Delhi

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