Dear All,

Greetings for the month of August 2015!!!

Below given Judgments are reported in the issue of August 2015 of Labour Law Reporter, one of the most popular and informative journals on Labour Law and Human Resources Management in India.

Prosecution of Director, not having control over Company affairs, not sustainable. Ker. HC 875

Termination for failure to achieve targets, without enquiry, not valid. SC 790

240 days service in the 5th year will be treated 5 years for gratuity. Ker. HC 826

Prosecution under Contract Labour (R&A) Act to be quashed when the accused made ‘principal to principal' agreement. Bom. HC 857

Damages for delayed EPF contributions depends upon factors like frequency of defaults and amount involved, etc. Bom. HC 853

Lack of integrity of bank employee would justify dismissal from service. Del. HC 800

Mere common ownership would not justify to club establishments for coverage under Provident Fund Act. Ker. HC 862

Termination for non-renewal of contract of service not 'retrenchment'. Del. HC 805

Prosecution under Contract Labour (R&A) Act must be against only guilty official. Jhar. HC 831

Full wages payable for suspension period in absence of any in Service Rules or Standing Orders. Del. HC 795

Reinstatement with back-wages justified on termination without retrenchment compensation. Supreme Court 785

Merely control is not sufficient to determine a relationship of employer. Bom. HC 850

Gratuity can be forfeited only on termination for reasons given under section 4(6) of the Act. All. HC 866

Notice under section 9-A of Industrial Disputes Act imperative on reduction of salary. Bom. HC 880

Cess under BO&CW Act is to be calculated and paid on entire construction work. Ker. HC 860

Delay in initiating proceedings by Provident Fund Authorities for assessing damages would not be improper. Bom. HC 853

Delay in raising an industrial dispute not fatal for making reference. HP HC 833

Retrenchment in violation of section 25-G of Industrial Disputes Act would be illegal. HP HC 833

Transferee of an establishment would be held liable for payment of EPF dues payable by transferor. Ker. HC 824

Last drawn wages during pendency of proceeding in higher court will be from filing of petition by employer. Ker. HC 819

Coverage of an establishment under Provident Fund Act not to be set aside if employing 21 employees. P&H HC 837

Back-wages on reinstatement depends upon length of service, financial position of employer & unemployment of workman. Supreme Court 785

Relief of back-wages on reinstated workman only from raising of industrial dispute. HP HC 869

All employees except apprentices under Apprenticeship Act will be covered by the Provident Fund Act. Mad. HC 893

Withdrawal of money from customer accounts by bank employee will be grave misconduct to justify dismissal. Del. HC 800

Non-supply of enquiry report of Enforcement Officer to the employer justifies quashing the order of EPF Authority. Jhar. HC 828

An order, without providing opportunity for hearing, will be set aside. Jhar. HC 828

Agreement for ground handling of foreign airlines by Air India and AAI on 'principal to principal' basis will not attract Contractor Labour (R&A) Act. Bom. HC 857

Award to be quashed when reference was made by the State, not the Central government. Del. HC 798

Government can refer an industrial dispute at any time. HP HC 833

An order by EPF Authority skipping material facts is to be reconsidered. P&H HC 836

Delayed deposit of EPF contributions in the absence of any loss suffered would justify levy of damages. Raj. HC 839

Minimum wages prevailing at the time of accident are to be basis for compensation. Raj. HC 838

Compensation for industrial accident of member of ESI would not lie under Employees' Compensation Act. Mad. HC 842

A trainee under Apprentices Act cannot raise industrial dispute. Guj. HC 846

Purpose of suspension is mainly to facilitate holding of enquiry. Del. HC 795

Declining to entertain petition after 13 years for cancellation of exemption under Provident Fund Act is appropriate. Cal. HC 848

Transferee to be held liable for EPF dues payable by transferor. Bom. HC 813

Non-production of muster rolls by employer would justify adverse inference. SC 785

Unless substantial breach of conditions of policy is proved, insurer cannot escape from paying compensation. Bom. HC 882

Change of service as outcome of settlement, will not require notice under section 9-A of Industrial Disputes Act. Bom. HC 880

Denial of opportunity for re-employment of retrenched employee would nullify retrenchment. HP HC 869

Appropriate government cannot consider merits of an industrial dispute. Jhar. HC 872

In absence of financial integrality, clubbing of two concerns under the EPF Act not valid. Ker. HC 862

Workman has to prove 240 days working in preceding 12 months. P&H HC 884.

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From India, Mumbai

240 days service in the 5th year will be treated 5 years for gratuity. Ker. HC 826- Is is applicable to all india or only to Kerala... any notification about the same.
From India, Ghaziabad

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