Key November 2011 Court Rulings: How Do They Impact Employers and Employees?

deepa2rani
Supreme Court and High Court Rulings on Employment Matters

- Employers need not pay provident fund contributions higher than the prescribed ceiling. (Supreme Court)
- A vague charge-sheet will vitiate an enquiry. (Supreme Court)
- The delinquent must be heard when the Disciplinary Authority differs with the Enquiry Officer. (Supreme Court)
- Gratuity can't be claimed before the Labour Court. (AP HC)
- Travelling allowance is excluded from 'wages' under the ESI Act. (AP HC)
- Bias against an enquiry officer is untenable without supporting reasons. (P&H HC)
- Gross indiscipline will justify termination. (P&H HC)
- The nature of duties, not designation, is the determining factor as to whether an employee is a 'workman' or not. (Karn. HC)
- Dispensation of enquiry is appropriate when holding is not possible. (Del. HC)
- Removal is justified when the employee neither complies with the transfer nor appears before the medical board. (Del. HC)
- A settlement for a specific duration will continue to be effective until it is substituted. (Del. HC)
- A charge-sheet for theft should be precise. (Mad. HC)

Regards,
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