Labour Law Judgments - August 2015
Greetings for the month of August 2015! Below are the judgments reported in the August 2015 issue of the Labour Law Reporter, one of the most popular and informative journals on Labour Law and Human Resources Management in India.
- Prosecution of a Director not having control over company affairs is not sustainable. (Ker. HC 875)
- Termination for failure to achieve targets, without an enquiry, is not valid. (SC 790)
- 240 days of service in the 5th year will be treated as 5 years for gratuity. (Ker. HC 826)
- Prosecution under the Contract Labour (R&A) Act to be quashed when the accused made a 'principal to principal' agreement. (Bom. HC 857)
- Damages for delayed EPF contributions depend upon factors like frequency of defaults and amount involved, etc. (Bom. HC 853)
- Lack of integrity of a bank employee would justify dismissal from service. (Del. HC 800)
- Mere common ownership would not justify clubbing establishments for coverage under the Provident Fund Act. (Ker. HC 862)
- Termination for non-renewal of a contract of service is not 'retrenchment'. (Del. HC 805)
- Prosecution under the Contract Labour (R&A) Act must be against only the guilty official. (Jhar. HC 831)
- Full wages are payable for the suspension period in the absence of any Service Rules or Standing Orders. (Del. HC 795)
- Reinstatement with back wages is justified on termination without retrenchment compensation. (Supreme Court 785)
- Mere 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 the Industrial Disputes Act is imperative on the reduction of salary. (Bom. HC 880)
- Cess under the BO&CW Act is to be calculated and paid on the 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 is not fatal for making a reference. (HP HC 833)
- Retrenchment in violation of section 25-G of the Industrial Disputes Act would be illegal. (HP HC 833)
- The transferee of an establishment would be held liable for payment of EPF dues payable by the transferor. (Ker. HC 824)
- Last drawn wages during the pendency of proceedings in a higher court will be from the filing of the petition by the employer. (Ker. HC 819)
- Coverage of an establishment under the Provident Fund Act is not to be set aside if employing 21 employees. (P&H HC 837)
- Back wages on reinstatement depend upon the length of service, financial position of the employer, and unemployment of the 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 the Apprenticeship Act will be covered by the Provident Fund Act. (Mad. HC 893)
- Withdrawal of money from customer accounts by a bank employee will be grave misconduct to justify dismissal. (Del. HC 800)
- Non-supply of an enquiry report of the Enforcement Officer to the employer justifies quashing the order of the EPF Authority. (Jhar. HC 828)
- An order, without providing an opportunity for hearing, will be set aside. (Jhar. HC 828)
- Agreement for ground handling of foreign airlines by Air India and AAI on a 'principal to principal' basis will not attract the Contractor Labour (R&A) Act. (Bom. HC 857)
- An award to be quashed when the reference was made by the State, not the Central government. (Del. HC 798)
- The government can refer an industrial dispute at any time. (HP HC 833)
- An order by the 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 the levy of damages. (Raj. HC 839)
- Minimum wages prevailing at the time of the accident are to be the basis for compensation. (Raj. HC 838)
- Compensation for an industrial accident of a member of ESI would not lie under the Employees' Compensation Act. (Mad. HC 842)
- A trainee under the Apprentices Act cannot raise an industrial dispute. (Guj. HC 846)
- The purpose of suspension is mainly to facilitate holding of an enquiry. (Del. HC 795)
- Declining to entertain a petition after 13 years for cancellation of exemption under the Provident Fund Act is appropriate. (Cal. HC 848)
- The transferee to be held liable for EPF dues payable by the transferor. (Bom. HC 813)
- Non-production of muster rolls by the employer would justify an adverse inference. (SC 785)
- Unless a substantial breach of conditions of the policy is proved, the insurer cannot escape from paying compensation. (Bom. HC 882)
- Change of service as an outcome of settlement will not require notice under section 9-A of the Industrial Disputes Act. (Bom. HC 880)
- Denial of opportunity for re-employment of a retrenched employee would nullify retrenchment. (HP HC 869)
- The appropriate government cannot consider the merits of an industrial dispute. (Jhar. HC 872)
- In the absence of financial integrality, clubbing of two concerns under the EPF Act is not valid. (Ker. HC 862)
- A workman has to prove 240 days of working in the preceding 12 months. (P&H HC 884)
Subscribe to the Labour Law Reporter to be able to view the complete text of judgments with their headnotes.
Regards
From India, Mumbai
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2584Greetings for the month of August 2015! Below are the judgments reported in the August 2015 issue of the Labour Law Reporter, one of the most popular and informative journals on Labour Law and Human Resources Management in India.
- Prosecution of a Director not having control over company affairs is not sustainable. (Ker. HC 875)
- Termination for failure to achieve targets, without an enquiry, is not valid. (SC 790)
- 240 days of service in the 5th year will be treated as 5 years for gratuity. (Ker. HC 826)
- Prosecution under the Contract Labour (R&A) Act to be quashed when the accused made a 'principal to principal' agreement. (Bom. HC 857)
- Damages for delayed EPF contributions depend upon factors like frequency of defaults and amount involved, etc. (Bom. HC 853)
- Lack of integrity of a bank employee would justify dismissal from service. (Del. HC 800)
- Mere common ownership would not justify clubbing establishments for coverage under the Provident Fund Act. (Ker. HC 862)
- Termination for non-renewal of a contract of service is not 'retrenchment'. (Del. HC 805)
- Prosecution under the Contract Labour (R&A) Act must be against only the guilty official. (Jhar. HC 831)
- Full wages are payable for the suspension period in the absence of any Service Rules or Standing Orders. (Del. HC 795)
- Reinstatement with back wages is justified on termination without retrenchment compensation. (Supreme Court 785)
- Mere 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 the Industrial Disputes Act is imperative on the reduction of salary. (Bom. HC 880)
- Cess under the BO&CW Act is to be calculated and paid on the 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 is not fatal for making a reference. (HP HC 833)
- Retrenchment in violation of section 25-G of the Industrial Disputes Act would be illegal. (HP HC 833)
- The transferee of an establishment would be held liable for payment of EPF dues payable by the transferor. (Ker. HC 824)
- Last drawn wages during the pendency of proceedings in a higher court will be from the filing of the petition by the employer. (Ker. HC 819)
- Coverage of an establishment under the Provident Fund Act is not to be set aside if employing 21 employees. (P&H HC 837)
- Back wages on reinstatement depend upon the length of service, financial position of the employer, and unemployment of the 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 the Apprenticeship Act will be covered by the Provident Fund Act. (Mad. HC 893)
- Withdrawal of money from customer accounts by a bank employee will be grave misconduct to justify dismissal. (Del. HC 800)
- Non-supply of an enquiry report of the Enforcement Officer to the employer justifies quashing the order of the EPF Authority. (Jhar. HC 828)
- An order, without providing an opportunity for hearing, will be set aside. (Jhar. HC 828)
- Agreement for ground handling of foreign airlines by Air India and AAI on a 'principal to principal' basis will not attract the Contractor Labour (R&A) Act. (Bom. HC 857)
- An award to be quashed when the reference was made by the State, not the Central government. (Del. HC 798)
- The government can refer an industrial dispute at any time. (HP HC 833)
- An order by the 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 the levy of damages. (Raj. HC 839)
- Minimum wages prevailing at the time of the accident are to be the basis for compensation. (Raj. HC 838)
- Compensation for an industrial accident of a member of ESI would not lie under the Employees' Compensation Act. (Mad. HC 842)
- A trainee under the Apprentices Act cannot raise an industrial dispute. (Guj. HC 846)
- The purpose of suspension is mainly to facilitate holding of an enquiry. (Del. HC 795)
- Declining to entertain a petition after 13 years for cancellation of exemption under the Provident Fund Act is appropriate. (Cal. HC 848)
- The transferee to be held liable for EPF dues payable by the transferor. (Bom. HC 813)
- Non-production of muster rolls by the employer would justify an adverse inference. (SC 785)
- Unless a substantial breach of conditions of the policy is proved, the insurer cannot escape from paying compensation. (Bom. HC 882)
- Change of service as an outcome of settlement will not require notice under section 9-A of the Industrial Disputes Act. (Bom. HC 880)
- Denial of opportunity for re-employment of a retrenched employee would nullify retrenchment. (HP HC 869)
- The appropriate government cannot consider the merits of an industrial dispute. (Jhar. HC 872)
- In the absence of financial integrality, clubbing of two concerns under the EPF Act is not valid. (Ker. HC 862)
- A workman has to prove 240 days of working in the preceding 12 months. (P&H HC 884)
Subscribe to the Labour Law Reporter to be able to view the complete text of judgments with their headnotes.
Regards
From India, Mumbai
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