LATEST LABOUR LAW JUDGEMENTS - FEBRUARY 2016 - CiteHR
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#Loss of confidence in employee would justify his dismissal from service.  Supreme Court 113

#Branch Manager of a bank is not a ‘workman'. Guj. HC 143 

#Unauthorised habitual absence of workman is a grave misconduct.  Mad. HC 182

#Authority holding proceeding under S.7A of the EPF Act, will be vested with powers of Civil Court. All. HC 176 

#Pre-deposit not warranted in an appeal in EPF Tribunal pertaining to damages and interests.  Del. HC 133 

#EPF Authority's order without identification of beneficiaries not sustainable.Gau. HC 201 

#Probation period can't be enhanced beyond six months as stipulated by Model Standing Orders. Bom. HC 209

#Unintentional delay in deposit of EPF contributions will justify waiver of damages.P&H HC 142 

#A salesman engaged in sales and publicity of company's products not a ‘workman'.Del. HC 130 

#Permission to lead evidence untenable if not pleaded or applied by employer.Del. HC 132 

#Collecting fare without issuing tickets will justify dismissal. All. HC 145 

#P.F. Authority cannot defend its own order in higher court. Ker. HC 148 

#Appeal against orders under section 7A or 7B of the Provident Fund Act mandates pre-deposit of determined amount. Del. HC 118

#Bias against Enquiry Officer cannot be inferred without supporting evidence. Del. HC 122 

#Modifying dismissal, Labour Court has to record reasons.  Supreme Court 113 

#Selling tea and running grocery shop not necessarily ‘gainful employment'. Raj. HC 205 

#Compensation received under Employees' Compensation Act will debar claim under ESI Act.   Raj. HC 204

#Validity of domestic enquiry is main factor for deciding application for approval of dismissal. Bom. HC 169 

#A Medical Representative is not a ‘workman' . Pat. HC 185

 #Punishment is discriminatory if in a similar case another delinquent employee is let off.Supreme Court 159 

#Insurance Company is not liable to pay compensation in respect of an uninsured pillion rider. Bom. HC 175

#Confidence of Management will be lost in a habitual absentee.   Mad. HC 182

#Termination of a probationer if sigmatic without holding enquiry will be vitiated.Bom. HC 209

#Public servant when Complainant, need not be examined at initial stage.Jhar. HC 154

#Termination of a workman after repeated extensions would amount to retrenchment.P&H HC 138 

#Non-compliance of section 25-F of ID Act on termination will not always warrant reinstatement. P&H HC 138

#Repeated dispatching of letters at wrong address justifies dismissal. Del. HC 122

#Enquiry when vitiated, Award can be in favour of ‘workman'. Del. HC 132

#Continuous losses would justify interim protection by EPF Tribunal from pre-deposit.Del. HC 125

#Pre-deposit not necessary when appeal before EPF Tribunal pertains to escaped amount. Del. HC 133

#'Change in service condition' not attracted when transfer is part of contract of service.  MP HC 157

#Termination not illegal when the employee admits her signature on resignation and receipt for payment.  P&H HC 191

#Enquiry to be set aside if delinquent is not supplied copies of documents, as relied upon. Supreme Court 159

#Only the EPF Appellate Tribunal can confirm / modify / annul the order of EPF Authority. Bom. HC 193

#A bus conductor holds the post of trust. All. HC 145

#Years of unblemished record is important for imposing punishment. Gau. HC 152

#EPF Appellate Tribunal cannot pass conditional stay for damages. Del. HC 118

#Dismissal of a workman, who lied on oath in the Labour Court, is justified.Del. HC 122

#Dismissal of appeal by the EPF Appellate Tribunal before expiry of stipulated period untenable. Del. HC 133

#One can't claim accident compensation under two different Acts.  Raj. HC 204

#Schools under State control or aided are exempted from coverage by Provident Fund Act. Raj. HC 192

#Failure of workman to support his claim on repeated opportunities shows he is not diligent.  P&H HC 190

#Failure to prove employer-employee relationship would not entitle any relief.P&H HC 187

#In case of conflict between appointment letter and standing order the latter will prevail. Bom. HC 209

#Misconduct in causing loss by a worker for his personal gain would justify dismissal.Supreme Court 113

#Aggrieved workman can avail remedy under the ID Act. Ori. HC 197

#Section 33(2)(b) of the I.D. Act will be confined to the enquiry. Bom. HC 169

#An unreasoned order of any Authority is not sustainable. Bom. HC 202

#Discriminatory punishment is liable to be vitiated. Supreme Court 159

#Section 25F of ID Act not to be complied by an employer on termination of contractor's workman. P&H HC 187
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Hi Buddy,
I really enjoyed while reading the above mentioned court orders, please continue this and it surely help trainee like us to be well versed in labour laws, thank you once again.
With Regards
Mr.Thumbs Up
dear sir,
please share recent labor law amendments it is useful to all members recent means 2014 to 2016 what are the amendment government did please attached the updated files it is very importent information
thank you
regards
srikanth r gowda
Though it is quite informative, it is half cooked information. It is better to give full case number to search from different sources.. For example the "Loss of confidence in employee would justify his dismissal from service. Supreme Court 113". Such should be given accessible lead.
The long list on labour laws judgments is quite useless for any HR executive in the absence of any appropriate court case reference or weblink to have access for the purpose of going through the judgment. HRSpot, whosoever you are, can you sugeest the members for their guidance how to have access to any of the aforesaid cases or should quote you as the authority in deciding any or every such case, when they don't know even your identity/ real name, and thereafter fail in the courts of law if challenged by the employees?
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