Below are the judgments reported in the June 2014 issue of Labour Law Reporter, one of the most popular and informative journals on Labour Law and Human Resources Management in India.
- Mere submission of a medical certificate without a supporting application would not justify absence. Del. HC 626
- An enquiry will be proper when the workman has appeared and cross-examined the witnesses. Del. HC 626
- Declaration of a lockout will be justified when the workers damaged the properties and assaulted the manager. Gau. HC 613
- Once there are 20 employees, the Provident Fund Act becomes applicable even when the total number is reduced. Del. HC 611
- Transfer of an employee from Guna to Bhopal cannot be stalled merely because he will not be able to get medical facilities. MP HC 640
- A part-time sweeper is also a 'workman'. Cal. HC 642
- Dismissal based on conviction is not tenable when the offence was committed outside the employer's premises. P&H HC 651
- Mere negligence of an employee will not debar him from accident compensation. Del. HC 566
- 240 days' continuous working is the condition precedent for challenging wrongful termination. All. HC 576
- Abandonment can be presumed when the workman did not resume duty despite repeated letters. Del. HC 598
- Dependents of the deceased driver on duty will be entitled to accident compensation. Del. HC 607
- The owner of a hotel can be treated as an employee for coverage under the ESI Act. Ker. HC 637
- Once there are 20 employees, the Provident Fund Act becomes applicable even when the total number is reduced. Del. HC 608
- House rent allowance, if not included in wages for compensation, would render retrenchment as illegal. Del. HC 647
- The insurer is liable for compensation when an accident arises in the course of employment. Del. HC 566
- Compensation for an accident can be denied only when the victim was under the influence of liquor/drugs. Del. HC 566
- 100% accident compensation is due when an employee is rendered totally disabled. Del. HC 566
- Last drawn wages are payable to a reinstated workman if the employer challenges the award in the higher court. Ker. HC 581
- A delay of 10 years for claiming accident compensation can't be condoned. Del. HC 561
- Liability for compensation arises only when an accident occurs out of and in the course of employment. Del. HC 561
- Ex-parte proceedings can be set aside against cost. Raj. HC 574
- Even a belated dispute has to be referred for adjudication. Guj. HC 576
- Reinstatement of a daily wager by raising the dispute after 8 years of termination is unsustainable. All. HC 576
- It is for the terminated workman to prove to have worked for 240 days. All. HC 576
- A quasi-judicial authority must pass only a speaking order. Bom. HC 569
- Declaration of 'protected workmen' is not always necessary within 15 days of the communication. Karn. HC 592
- An employer can decline to declare a 'protected workman' who is dismissed. Karn. HC 592
- Section 11A of the ID Act ensures that there is no victimization or unfair treatment of a workman. Ori. HC 583
- Supporting reasons must be given for modifying punishment. Ori. HC 583
- Acquittal will not affect the continuation of disciplinary action. Jhar. HC 588
- Abandonment cannot be presumed in the absence of cogent evidence. P&H HC 571
- Termination sans retrenchment compensation is illegal. P&H HC 571
- Reinstatement is justified when termination is violative of natural justice. P&H HC 571
- Compensation, not reinstatement, would be appropriate for a daily wager. All. HC 615
- The trend of recent judgments reveals awarding of compensation instead of reinstatement. All. HC 615
- Non-rebuttal of the employer's averment in a written statement by the workman would justify the contention. Del. HC 598
- A dispute challenging retirement age is beyond the pale of section 2A of the ID Act. Del. HC 604
- Alteration of retirement age can be challenged when espoused by an appreciable number of workmen. Del. HC 604
- A school is rightly covered under the Provident Fund when the principal has affirmed the employment of 20 employees. Del. HC 611
- A principal employer can also be treated as an 'employee' under the ESI Act. Ker. HC 637
- For unauthorized absence, termination of service would be appropriate. Del. HC 626
- Alleging denial of opportunity in an enquiry by an employee would be untenable when he failed to participate in the enquiry. Del. HC 626
- Medical expenses for an accident, if not claimed in the petition, would not justify claiming it subsequently. Del. HC 634
- Back-wages on reinstatement are rightly denied when termination is challenged after 11 years. Bom. HC 636
- Suffering chest pain after a long-distance drive by a deceased truck driver would justify accident compensation. Del. HC 623
- Transfer, when made because of administrative reasons, would be justified. MP HC 640
- 'Workman' will include casual, temporary, or part-time employees. Cal. HC 642
- An employer-employee relationship will be established when the workman was getting monthly remuneration. Cal. HC 642
- Reinstatement with back-wages is appropriate on non-payment of retrenchment compensation and notice pay on termination. Cal. HC 642
- Dignity of labour, constitutionally ensured, needs proper recognition. Cal. HC 642
- The 'hire and fire' rule is extraneous for achieving social justice. Cal. HC 642
- A seniority list must be displayed before effecting retrenchment. Del. HC 647
- Back-wages on reinstatement after an employee was acquitted in a criminal case. P&H HC 651
- Remedy for recovery of money against an employer, if availed in Civil Court, would not be permitted before the Labour Court. P&H HC 656
- An employee having more than one forum for redressal can opt for any one. P&H HC 656
- Reinstatement without back-wages is appropriate if the litigation has taken a long time. Karn. HC 597
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2584- Mere submission of a medical certificate without a supporting application would not justify absence. Del. HC 626
- An enquiry will be proper when the workman has appeared and cross-examined the witnesses. Del. HC 626
- Declaration of a lockout will be justified when the workers damaged the properties and assaulted the manager. Gau. HC 613
- Once there are 20 employees, the Provident Fund Act becomes applicable even when the total number is reduced. Del. HC 611
- Transfer of an employee from Guna to Bhopal cannot be stalled merely because he will not be able to get medical facilities. MP HC 640
- A part-time sweeper is also a 'workman'. Cal. HC 642
- Dismissal based on conviction is not tenable when the offence was committed outside the employer's premises. P&H HC 651
- Mere negligence of an employee will not debar him from accident compensation. Del. HC 566
- 240 days' continuous working is the condition precedent for challenging wrongful termination. All. HC 576
- Abandonment can be presumed when the workman did not resume duty despite repeated letters. Del. HC 598
- Dependents of the deceased driver on duty will be entitled to accident compensation. Del. HC 607
- The owner of a hotel can be treated as an employee for coverage under the ESI Act. Ker. HC 637
- Once there are 20 employees, the Provident Fund Act becomes applicable even when the total number is reduced. Del. HC 608
- House rent allowance, if not included in wages for compensation, would render retrenchment as illegal. Del. HC 647
- The insurer is liable for compensation when an accident arises in the course of employment. Del. HC 566
- Compensation for an accident can be denied only when the victim was under the influence of liquor/drugs. Del. HC 566
- 100% accident compensation is due when an employee is rendered totally disabled. Del. HC 566
- Last drawn wages are payable to a reinstated workman if the employer challenges the award in the higher court. Ker. HC 581
- A delay of 10 years for claiming accident compensation can't be condoned. Del. HC 561
- Liability for compensation arises only when an accident occurs out of and in the course of employment. Del. HC 561
- Ex-parte proceedings can be set aside against cost. Raj. HC 574
- Even a belated dispute has to be referred for adjudication. Guj. HC 576
- Reinstatement of a daily wager by raising the dispute after 8 years of termination is unsustainable. All. HC 576
- It is for the terminated workman to prove to have worked for 240 days. All. HC 576
- A quasi-judicial authority must pass only a speaking order. Bom. HC 569
- Declaration of 'protected workmen' is not always necessary within 15 days of the communication. Karn. HC 592
- An employer can decline to declare a 'protected workman' who is dismissed. Karn. HC 592
- Section 11A of the ID Act ensures that there is no victimization or unfair treatment of a workman. Ori. HC 583
- Supporting reasons must be given for modifying punishment. Ori. HC 583
- Acquittal will not affect the continuation of disciplinary action. Jhar. HC 588
- Abandonment cannot be presumed in the absence of cogent evidence. P&H HC 571
- Termination sans retrenchment compensation is illegal. P&H HC 571
- Reinstatement is justified when termination is violative of natural justice. P&H HC 571
- Compensation, not reinstatement, would be appropriate for a daily wager. All. HC 615
- The trend of recent judgments reveals awarding of compensation instead of reinstatement. All. HC 615
- Non-rebuttal of the employer's averment in a written statement by the workman would justify the contention. Del. HC 598
- A dispute challenging retirement age is beyond the pale of section 2A of the ID Act. Del. HC 604
- Alteration of retirement age can be challenged when espoused by an appreciable number of workmen. Del. HC 604
- A school is rightly covered under the Provident Fund when the principal has affirmed the employment of 20 employees. Del. HC 611
- A principal employer can also be treated as an 'employee' under the ESI Act. Ker. HC 637
- For unauthorized absence, termination of service would be appropriate. Del. HC 626
- Alleging denial of opportunity in an enquiry by an employee would be untenable when he failed to participate in the enquiry. Del. HC 626
- Medical expenses for an accident, if not claimed in the petition, would not justify claiming it subsequently. Del. HC 634
- Back-wages on reinstatement are rightly denied when termination is challenged after 11 years. Bom. HC 636
- Suffering chest pain after a long-distance drive by a deceased truck driver would justify accident compensation. Del. HC 623
- Transfer, when made because of administrative reasons, would be justified. MP HC 640
- 'Workman' will include casual, temporary, or part-time employees. Cal. HC 642
- An employer-employee relationship will be established when the workman was getting monthly remuneration. Cal. HC 642
- Reinstatement with back-wages is appropriate on non-payment of retrenchment compensation and notice pay on termination. Cal. HC 642
- Dignity of labour, constitutionally ensured, needs proper recognition. Cal. HC 642
- The 'hire and fire' rule is extraneous for achieving social justice. Cal. HC 642
- A seniority list must be displayed before effecting retrenchment. Del. HC 647
- Back-wages on reinstatement after an employee was acquitted in a criminal case. P&H HC 651
- Remedy for recovery of money against an employer, if availed in Civil Court, would not be permitted before the Labour Court. P&H HC 656
- An employee having more than one forum for redressal can opt for any one. P&H HC 656
- Reinstatement without back-wages is appropriate if the litigation has taken a long time. Karn. HC 597
From India, Mumbai
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