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 extraordinary 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 unauthorized 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 to the Labour Law Reporter to be able to view the complete text of judgments with their head notes.
Regards
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 extraordinary 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 unauthorized 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 to the Labour Law Reporter to be able to view the complete text of judgments with their head notes.
Regards