Loss of Confidence in Employee Justifies Dismissal
The Supreme Court has ruled that the loss of confidence in an employee can justify their dismissal from service.
Branch Manager Not Considered a 'Workman'
According to the Gujarat High Court, a branch manager of a bank is not classified as a 'workman'.
Unauthorized Absence as Grave Misconduct
The Madras High Court considers unauthorized habitual absence by a workman as grave misconduct.
EPF Authority's Powers and Pre-deposit Requirements
The Allahabad High Court states that the authority holding proceedings under Section 7A of the EPF Act will have the powers of a Civil Court. Meanwhile, the Delhi High Court notes that a pre-deposit is not warranted in an appeal in the EPF Tribunal concerning damages and interests.
Sustainability of EPF Authority's Orders
The Gauhati High Court ruled that an EPF Authority's order without identifying beneficiaries is not sustainable.
Probation Period Limitations
The Bombay High Court asserts that the probation period cannot be extended beyond six months as stipulated by Model Standing Orders.
Waiver of Damages for EPF Contribution Delays
The Punjab and Haryana High Court justifies a waiver of damages for unintentional delays in depositing EPF contributions.
Salesman and Workman Classification
The Delhi High Court ruled that a salesman engaged in sales and publicity of a company's products is not a 'workman'.
Evidence and Employer's Pleadings
Permission to lead evidence is untenable if not pleaded or applied for by the employer, according to the Delhi High Court.
Dismissal for Collecting Fare Without Issuing Tickets
The Allahabad High Court justifies dismissal for collecting fare without issuing tickets.
P.F. Authority's Defense in Higher Courts
The Kerala High Court states that the P.F. Authority cannot defend its own order in a higher court.
Pre-deposit Mandate for Provident Fund Act Appeals
The Delhi High Court mandates a pre-deposit of the determined amount for appeals against orders under sections 7A or 7B of the Provident Fund Act.
Inference of Bias Against Enquiry Officer
The Delhi High Court notes that bias against an Enquiry Officer cannot be inferred without supporting evidence.
Labour Court's Requirement to Record Reasons
The Supreme Court states that when modifying a dismissal, the Labour Court must record reasons.
Gainful Employment Definition
The Rajasthan High Court ruled that selling tea and running a grocery shop is not necessarily 'gainful employment'.
Compensation Claims Under Different Acts
Compensation received under the Employees' Compensation Act will debar claims under the ESI Act, as per the Rajasthan High Court.
Validity of Domestic Enquiry
The Bombay High Court identifies the validity of a domestic enquiry as the main factor for deciding on the approval of dismissal.
Medical Representative Not a 'Workman'
The Patna High Court ruled that a Medical Representative is not a 'workman'.
Discriminatory Punishment
The Supreme Court states that punishment is discriminatory if another delinquent employee in a similar case is let off.
Insurance Company's Liability for Uninsured Pillion Riders
The Bombay High Court ruled that an insurance company is not liable to pay compensation for an uninsured pillion rider.
Management's Confidence in Habitual Absentees
The Madras High Court notes that management will lose confidence in a habitual absentee.
Termination of Probationer Without Enquiry
The Bombay High Court states that the termination of a probationer without holding an enquiry will be vitiated.
Examination of Public Servant Complainants
The Jharkhand High Court notes that a public servant complainant need not be examined at the initial stage.
Retrenchment Due to Repeated Extensions
The Punjab and Haryana High Court rules that the termination of a workman after repeated extensions amounts to retrenchment.
Non-compliance with Section 25-F of ID Act
Non-compliance with section 25-F of the ID Act on termination does not always warrant reinstatement, according to the Punjab and Haryana High Court.
Justification for Dismissal Due to Wrong Address Dispatch
The Delhi High Court justifies dismissal for repeatedly dispatching letters to the wrong address.
Enquiry and Awards in Favor of Workmen
The Delhi High Court states that an enquiry, when vitiated, can result in an award in favor of the 'workman'.
Interim Protection by EPF Tribunal
Continuous losses justify interim protection by the EPF Tribunal from pre-deposit, as ruled by the Delhi High Court.
Pre-deposit for Escaped Amount Appeals
The Delhi High Court notes that pre-deposit is not necessary when an appeal before the EPF Tribunal pertains to an escaped amount.
Service Condition Changes and Transfers
The Madhya Pradesh High Court states that 'change in service condition' is not applicable when a transfer is part of the service contract.
Termination and Signature Admission
The Punjab and Haryana High Court rules that termination is not illegal when the employee admits her signature on resignation and receipt for payment.
Setting Aside Enquiry Without Document Copies
The Supreme Court states that an enquiry should be set aside if the delinquent is not supplied with copies of documents relied upon.
EPF Appellate Tribunal's Authority
Only the EPF Appellate Tribunal can confirm, modify, or annul the order of the EPF Authority, according to the Bombay High Court.
Trust Position of Bus Conductors
The Allahabad High Court states that a bus conductor holds a position of trust.
Importance of Unblemished Record
The Gauhati High Court emphasizes the importance of years of unblemished record for imposing punishment.
Conditional Stay for Damages by EPF Appellate Tribunal
The Delhi High Court rules that the EPF Appellate Tribunal cannot pass a conditional stay for damages.
Justification for Dismissal Due to Lying on Oath
The Delhi High Court justifies the dismissal of a workman who lied on oath in the Labour Court.
Untenable Dismissal of Appeal by EPF Appellate Tribunal
The Delhi High Court notes that the dismissal of an appeal by the EPF Appellate Tribunal before the expiry of the stipulated period is untenable.
Accident Compensation Claims Under Different Acts
The Rajasthan High Court states that one cannot claim accident compensation under two different Acts.
Provident Fund Act Exemptions for Schools
Schools under state control or aided are exempted from coverage by the Provident Fund Act, as per the Rajasthan High Court.
Diligence in Supporting Claims
The Punjab and Haryana High Court notes that a workman's failure to support his claim on repeated opportunities shows a lack of diligence.
Employer-Employee Relationship Proof
Failure to prove an employer-employee relationship would not entitle any relief, according to the Punjab and Haryana High Court.
Prevailing Standing Orders Over Appointment Letters
In case of conflict between an appointment letter and standing orders, the latter will prevail, as per the Bombay High Court.
Justification for Dismissal Due to Personal Gain Misconduct
The Supreme Court justifies dismissal for misconduct causing loss by a worker for personal gain.
Remedies Under the ID Act
An aggrieved workman can avail of remedies under the ID Act, according to the Orissa High Court.
Section 33(2)(b) of the I.D. Act
Section 33(2)(b) of the I.D. Act is confined to the enquiry, as stated by the Bombay High Court.
Sustainability of Unreasoned Orders
The Bombay High Court notes that an unreasoned order of any authority is not sustainable.
Vitiation of Discriminatory Punishment
The Supreme Court states that discriminatory punishment is liable to be vitiated.
Section 25F Compliance for Contractor's Workmen
The Punjab and Haryana High Court states that Section 25F of the ID Act need not be complied with by an employer on the termination of a contractor's workman.
From India, Kolkata
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12The Supreme Court has ruled that the loss of confidence in an employee can justify their dismissal from service.
Branch Manager Not Considered a 'Workman'
According to the Gujarat High Court, a branch manager of a bank is not classified as a 'workman'.
Unauthorized Absence as Grave Misconduct
The Madras High Court considers unauthorized habitual absence by a workman as grave misconduct.
EPF Authority's Powers and Pre-deposit Requirements
The Allahabad High Court states that the authority holding proceedings under Section 7A of the EPF Act will have the powers of a Civil Court. Meanwhile, the Delhi High Court notes that a pre-deposit is not warranted in an appeal in the EPF Tribunal concerning damages and interests.
Sustainability of EPF Authority's Orders
The Gauhati High Court ruled that an EPF Authority's order without identifying beneficiaries is not sustainable.
Probation Period Limitations
The Bombay High Court asserts that the probation period cannot be extended beyond six months as stipulated by Model Standing Orders.
Waiver of Damages for EPF Contribution Delays
The Punjab and Haryana High Court justifies a waiver of damages for unintentional delays in depositing EPF contributions.
Salesman and Workman Classification
The Delhi High Court ruled that a salesman engaged in sales and publicity of a company's products is not a 'workman'.
Evidence and Employer's Pleadings
Permission to lead evidence is untenable if not pleaded or applied for by the employer, according to the Delhi High Court.
Dismissal for Collecting Fare Without Issuing Tickets
The Allahabad High Court justifies dismissal for collecting fare without issuing tickets.
P.F. Authority's Defense in Higher Courts
The Kerala High Court states that the P.F. Authority cannot defend its own order in a higher court.
Pre-deposit Mandate for Provident Fund Act Appeals
The Delhi High Court mandates a pre-deposit of the determined amount for appeals against orders under sections 7A or 7B of the Provident Fund Act.
Inference of Bias Against Enquiry Officer
The Delhi High Court notes that bias against an Enquiry Officer cannot be inferred without supporting evidence.
Labour Court's Requirement to Record Reasons
The Supreme Court states that when modifying a dismissal, the Labour Court must record reasons.
Gainful Employment Definition
The Rajasthan High Court ruled that selling tea and running a grocery shop is not necessarily 'gainful employment'.
Compensation Claims Under Different Acts
Compensation received under the Employees' Compensation Act will debar claims under the ESI Act, as per the Rajasthan High Court.
Validity of Domestic Enquiry
The Bombay High Court identifies the validity of a domestic enquiry as the main factor for deciding on the approval of dismissal.
Medical Representative Not a 'Workman'
The Patna High Court ruled that a Medical Representative is not a 'workman'.
Discriminatory Punishment
The Supreme Court states that punishment is discriminatory if another delinquent employee in a similar case is let off.
Insurance Company's Liability for Uninsured Pillion Riders
The Bombay High Court ruled that an insurance company is not liable to pay compensation for an uninsured pillion rider.
Management's Confidence in Habitual Absentees
The Madras High Court notes that management will lose confidence in a habitual absentee.
Termination of Probationer Without Enquiry
The Bombay High Court states that the termination of a probationer without holding an enquiry will be vitiated.
Examination of Public Servant Complainants
The Jharkhand High Court notes that a public servant complainant need not be examined at the initial stage.
Retrenchment Due to Repeated Extensions
The Punjab and Haryana High Court rules that the termination of a workman after repeated extensions amounts to retrenchment.
Non-compliance with Section 25-F of ID Act
Non-compliance with section 25-F of the ID Act on termination does not always warrant reinstatement, according to the Punjab and Haryana High Court.
Justification for Dismissal Due to Wrong Address Dispatch
The Delhi High Court justifies dismissal for repeatedly dispatching letters to the wrong address.
Enquiry and Awards in Favor of Workmen
The Delhi High Court states that an enquiry, when vitiated, can result in an award in favor of the 'workman'.
Interim Protection by EPF Tribunal
Continuous losses justify interim protection by the EPF Tribunal from pre-deposit, as ruled by the Delhi High Court.
Pre-deposit for Escaped Amount Appeals
The Delhi High Court notes that pre-deposit is not necessary when an appeal before the EPF Tribunal pertains to an escaped amount.
Service Condition Changes and Transfers
The Madhya Pradesh High Court states that 'change in service condition' is not applicable when a transfer is part of the service contract.
Termination and Signature Admission
The Punjab and Haryana High Court rules that termination is not illegal when the employee admits her signature on resignation and receipt for payment.
Setting Aside Enquiry Without Document Copies
The Supreme Court states that an enquiry should be set aside if the delinquent is not supplied with copies of documents relied upon.
EPF Appellate Tribunal's Authority
Only the EPF Appellate Tribunal can confirm, modify, or annul the order of the EPF Authority, according to the Bombay High Court.
Trust Position of Bus Conductors
The Allahabad High Court states that a bus conductor holds a position of trust.
Importance of Unblemished Record
The Gauhati High Court emphasizes the importance of years of unblemished record for imposing punishment.
Conditional Stay for Damages by EPF Appellate Tribunal
The Delhi High Court rules that the EPF Appellate Tribunal cannot pass a conditional stay for damages.
Justification for Dismissal Due to Lying on Oath
The Delhi High Court justifies the dismissal of a workman who lied on oath in the Labour Court.
Untenable Dismissal of Appeal by EPF Appellate Tribunal
The Delhi High Court notes that the dismissal of an appeal by the EPF Appellate Tribunal before the expiry of the stipulated period is untenable.
Accident Compensation Claims Under Different Acts
The Rajasthan High Court states that one cannot claim accident compensation under two different Acts.
Provident Fund Act Exemptions for Schools
Schools under state control or aided are exempted from coverage by the Provident Fund Act, as per the Rajasthan High Court.
Diligence in Supporting Claims
The Punjab and Haryana High Court notes that a workman's failure to support his claim on repeated opportunities shows a lack of diligence.
Employer-Employee Relationship Proof
Failure to prove an employer-employee relationship would not entitle any relief, according to the Punjab and Haryana High Court.
Prevailing Standing Orders Over Appointment Letters
In case of conflict between an appointment letter and standing orders, the latter will prevail, as per the Bombay High Court.
Justification for Dismissal Due to Personal Gain Misconduct
The Supreme Court justifies dismissal for misconduct causing loss by a worker for personal gain.
Remedies Under the ID Act
An aggrieved workman can avail of remedies under the ID Act, according to the Orissa High Court.
Section 33(2)(b) of the I.D. Act
Section 33(2)(b) of the I.D. Act is confined to the enquiry, as stated by the Bombay High Court.
Sustainability of Unreasoned Orders
The Bombay High Court notes that an unreasoned order of any authority is not sustainable.
Vitiation of Discriminatory Punishment
The Supreme Court states that discriminatory punishment is liable to be vitiated.
Section 25F Compliance for Contractor's Workmen
The Punjab and Haryana High Court states that Section 25F of the ID Act need not be complied with by an employer on the termination of a contractor's workman.
From India, Kolkata
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Hi Buddy,
I really enjoyed reading the above-mentioned court orders. Please continue this as it will surely help trainees like us to be well-versed in labor laws. Thank you once again.
With Regards,
Mr. Thumbs Up
From India, Chennai
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I really enjoyed reading the above-mentioned court orders. Please continue this as it will surely help trainees like us to be well-versed in labor laws. Thank you once again.
With Regards,
Mr. Thumbs Up
From India, Chennai
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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. Â Supreme Court 113". Such should be given accessible lead.
From India, Nellore
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From India, Nellore
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Accessing Labor Law Judgments
The long list of labor law judgments is quite useless for any HR executive in the absence of an appropriate court case reference or web link to access the judgment. HRSpot, whoever you are, can you suggest to the members how they can access any of the aforementioned cases? Should they quote you as the authority in deciding any such case, especially when they don't even know your identity or real name? If challenged by the employees in court, they may fail without proper documentation.
Regards
From India, Delhi
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The long list of labor law judgments is quite useless for any HR executive in the absence of an appropriate court case reference or web link to access the judgment. HRSpot, whoever you are, can you suggest to the members how they can access any of the aforementioned cases? Should they quote you as the authority in deciding any such case, especially when they don't even know your identity or real name? If challenged by the employees in court, they may fail without proper documentation.
Regards
From India, Delhi
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