Dear All, Please find the judgments reported in LLR - August 2013, for your information and discussion, as under:
VRS Benefit
VRS benefit cannot be claimed as of right.
Supreme Court 785
Dismissal of Workman
Approval is not necessary for the dismissal of a workman with less than 240 days of service.
Supreme Court 787
Probation and Permanency
Even after completing 240 days of service, a probationer has no right of permanency.
Del. HC 839
EPF Contribution
Employer's share to EPF contribution can be reduced to Rs.6,500.
Guj. HC 806
Financial Crunch and EPF Dues
Financial crunch will justify the reduction of damages for delayed deposit of EPF dues.
Ker. HC 833
Gratuity Calculation
Traveling allowance included for the calculation of gratuity.
Guj. HC 803
Apprentices and Provident Fund Act
Apprentices on regular work would be 'employees' to be covered under the Provident Fund Act.
Mad. HC 849
ESI Contributions
The person responsible for the company's business is to be prosecuted for non-payment of ESI contributions.
Ker. HC 885
Adjudicator's Powers
Adjudicator is empowered with ancillary or incidental matters.
Karn. HC 819
Compensation and Gratuity
Lump sum compensation, in lieu of reinstatement, does not debar the right to gratuity.
Guj. HC 803
Scarcity of Funds and Gratuity
Scarcity of funds does not justify not paying gratuity.
Guj. HC 817
Section 9A of ID Act, 1947
Section 9A of the ID Act, 1947, does not warrant the reduction of the employer's share of the provident fund to Rs.6500.
Guj. HC 806
Gratuity Act, 1972
Gratuity Act, 1972, is not restricted to only commercial establishments.
Ori. HC 810
Accident Compensation
Principal employer is liable to pay accident compensation.
Bom. HC 799
Labour Court Decisions
Labour Court should decide all the points together.
All. HC 820
Insurance Company Liability
Insurance Company, receiving a premium for a package policy, cannot escape liability of a loader.
Karn. HC 832
Probation and Confirmation
Even if a worker has worked beyond the period of probation, it would not justify confirmation.
Del. HC 839
Termination and Retrenchment
Termination of probationary services before confirmation would not amount to retrenchment.
Del. HC 839
Dismissal of Bank Employee
Dismissal of a bank employee will not be modified under section 11A of the ID Act.
Mad. HC 843
Loss of Confidence
When a bank employee loses confidence, his dismissal cannot be set aside.
Mad. HC 843
Labour Court Relief
Labour Court is empowered to grant relief even when not demanded by an employee.
All. HC 856
Workman Status
Assistant Chemist, not exercising supervisory powers, would be a workman.
All. HC 879
Plea at First Instance
A plea not taken at the first instance will not be permitted at a belated stage.
Guj. HC 800
Judicial Authorities and Litigants
Judicial Authorities should be sympathetic when litigants appear in person.
Karn. HC 819
Delayed Gratuity Payment
Delayed payment of gratuity will attract interest.
Guj. HC 803 and 817
Employers' Gratuity Rules
Employers' rules can't be for lesser gratuity than in the Act.
Ori. HC 810
Back-Wages Entitlement
An employee is not entitled to back-wages for the contingent period.
Del. HC 793
Provident Fund Dues
Damage for delayed deposit of provident fund dues is not mandatory.
Ker. HC 833
Trade Union Registration
Registrar of Trade Unions can cancel the registration of a union.
All. HC 823
Difference of Pay
Difference of pay to workers can be granted under section 33-C (i) of the ID Act.
Chhat. HC 826
Termination of Probationary Services
Probationary services can be terminated before or after the expiry of the initial or extended period.
Del. HC 839
Evidence in Trials and Enquiries
The standard of evidence in criminal trials and inquiries is entirely different.
Mad. HC 843
Insurance Court's Role
Insurance Court will not decide a criminal offense.
Ker. HC 885
Promotion Qualifications
Qualification(s) for promotion cannot be introduced as a fresh requirement.
Del. HC 854
Attendance Register and Inference
Adverse inference will be drawn when Management fails to produce the attendance register.
All. HC 858
Adjudication of Disputes
Reference for adjudication for a dispute raised after 22 years is to be quashed.
All. HC 864
Workman Status Criterion
Nature of duties, not designation, is the criterion to determine the status of a 'workman'.
All. HC 879
Compensation Commissioner's Order
Compensation Commissioner can't review its own order.
All. HC 872
Statutory Entitlements
Statutory entitlements cannot be curtailed by framing Rules.
Ori. HC 810
Damages and Officer's Discretion
Damages depend upon the discretion of the officer by reasoned order.
Ker. HC 833
Tribunal's Decision
Tribunal justified in rejecting to decide the preliminary issue.
All. HC 820
Ex-Parte Order Restoration
Restoration of an ex-parte order can be allowed by the Compensation Commissioner.
All. HC 876
Probation Confirmation
Unless confirmed in writing, a probationer continues to be on probation.
Del. HC 839 and All HC 856
VRS Objective
VRS aims at weeding out the deadwood.
Supreme Court 785
Scope of Writ
Scope of writ is restricted on factual findings.
Guj. HC 800
Regards
From India, Mumbai
Acknowledge(2)
Amend(0)
2584VRS Benefit
VRS benefit cannot be claimed as of right.
Supreme Court 785
Dismissal of Workman
Approval is not necessary for the dismissal of a workman with less than 240 days of service.
Supreme Court 787
Probation and Permanency
Even after completing 240 days of service, a probationer has no right of permanency.
Del. HC 839
EPF Contribution
Employer's share to EPF contribution can be reduced to Rs.6,500.
Guj. HC 806
Financial Crunch and EPF Dues
Financial crunch will justify the reduction of damages for delayed deposit of EPF dues.
Ker. HC 833
Gratuity Calculation
Traveling allowance included for the calculation of gratuity.
Guj. HC 803
Apprentices and Provident Fund Act
Apprentices on regular work would be 'employees' to be covered under the Provident Fund Act.
Mad. HC 849
ESI Contributions
The person responsible for the company's business is to be prosecuted for non-payment of ESI contributions.
Ker. HC 885
Adjudicator's Powers
Adjudicator is empowered with ancillary or incidental matters.
Karn. HC 819
Compensation and Gratuity
Lump sum compensation, in lieu of reinstatement, does not debar the right to gratuity.
Guj. HC 803
Scarcity of Funds and Gratuity
Scarcity of funds does not justify not paying gratuity.
Guj. HC 817
Section 9A of ID Act, 1947
Section 9A of the ID Act, 1947, does not warrant the reduction of the employer's share of the provident fund to Rs.6500.
Guj. HC 806
Gratuity Act, 1972
Gratuity Act, 1972, is not restricted to only commercial establishments.
Ori. HC 810
Accident Compensation
Principal employer is liable to pay accident compensation.
Bom. HC 799
Labour Court Decisions
Labour Court should decide all the points together.
All. HC 820
Insurance Company Liability
Insurance Company, receiving a premium for a package policy, cannot escape liability of a loader.
Karn. HC 832
Probation and Confirmation
Even if a worker has worked beyond the period of probation, it would not justify confirmation.
Del. HC 839
Termination and Retrenchment
Termination of probationary services before confirmation would not amount to retrenchment.
Del. HC 839
Dismissal of Bank Employee
Dismissal of a bank employee will not be modified under section 11A of the ID Act.
Mad. HC 843
Loss of Confidence
When a bank employee loses confidence, his dismissal cannot be set aside.
Mad. HC 843
Labour Court Relief
Labour Court is empowered to grant relief even when not demanded by an employee.
All. HC 856
Workman Status
Assistant Chemist, not exercising supervisory powers, would be a workman.
All. HC 879
Plea at First Instance
A plea not taken at the first instance will not be permitted at a belated stage.
Guj. HC 800
Judicial Authorities and Litigants
Judicial Authorities should be sympathetic when litigants appear in person.
Karn. HC 819
Delayed Gratuity Payment
Delayed payment of gratuity will attract interest.
Guj. HC 803 and 817
Employers' Gratuity Rules
Employers' rules can't be for lesser gratuity than in the Act.
Ori. HC 810
Back-Wages Entitlement
An employee is not entitled to back-wages for the contingent period.
Del. HC 793
Provident Fund Dues
Damage for delayed deposit of provident fund dues is not mandatory.
Ker. HC 833
Trade Union Registration
Registrar of Trade Unions can cancel the registration of a union.
All. HC 823
Difference of Pay
Difference of pay to workers can be granted under section 33-C (i) of the ID Act.
Chhat. HC 826
Termination of Probationary Services
Probationary services can be terminated before or after the expiry of the initial or extended period.
Del. HC 839
Evidence in Trials and Enquiries
The standard of evidence in criminal trials and inquiries is entirely different.
Mad. HC 843
Insurance Court's Role
Insurance Court will not decide a criminal offense.
Ker. HC 885
Promotion Qualifications
Qualification(s) for promotion cannot be introduced as a fresh requirement.
Del. HC 854
Attendance Register and Inference
Adverse inference will be drawn when Management fails to produce the attendance register.
All. HC 858
Adjudication of Disputes
Reference for adjudication for a dispute raised after 22 years is to be quashed.
All. HC 864
Workman Status Criterion
Nature of duties, not designation, is the criterion to determine the status of a 'workman'.
All. HC 879
Compensation Commissioner's Order
Compensation Commissioner can't review its own order.
All. HC 872
Statutory Entitlements
Statutory entitlements cannot be curtailed by framing Rules.
Ori. HC 810
Damages and Officer's Discretion
Damages depend upon the discretion of the officer by reasoned order.
Ker. HC 833
Tribunal's Decision
Tribunal justified in rejecting to decide the preliminary issue.
All. HC 820
Ex-Parte Order Restoration
Restoration of an ex-parte order can be allowed by the Compensation Commissioner.
All. HC 876
Probation Confirmation
Unless confirmed in writing, a probationer continues to be on probation.
Del. HC 839 and All HC 856
VRS Objective
VRS aims at weeding out the deadwood.
Supreme Court 785
Scope of Writ
Scope of writ is restricted on factual findings.
Guj. HC 800
Regards
From India, Mumbai
Acknowledge(2)Amend(0)
Hello Mr. Keshav, please do the needful for the below judgment copies, as I am unable to find them:
- Employer’s share to EPF contribution can be reduced to Rs.6,500. Guj. HC 806
- Travelling allowance included for calculation of gratuity. Guj. HC 803
Thanking you,
Regards, Ashish
From India, Pune
Acknowledge(0)Amend(0)
- Employer’s share to EPF contribution can be reduced to Rs.6,500. Guj. HC 806
- Travelling allowance included for calculation of gratuity. Guj. HC 803
Thanking you,
Regards, Ashish
From India, Pune
Acknowledge(0)Amend(0)
Dear Ashish ji, Sorry, I could not respond to you immediately.
PF Contribution Reduction to Rs. 6500
In regards to PF contribution being reduced to a salary of Rs. 6500/-, there are many judgments by various High Courts. Also, there is a judgment by the Supreme Court in Marathwada Gramin Bank (SC 2011 LLR 1130). I have uploaded the said judgment of the Supreme Court earlier in this forum. You are requested to research the same to view it.
Traveling Allowance and Gratuity Calculation
Regarding Traveling Allowance included for the calculation of Gratuity in Gujarat HC 803, in the matter of RM Engineering Works Vs. Khushalbhai Chavda & 2 Ors. The contention by the learned counsel for the appellant is that while calculating the amount of gratuity, Traveling & Washing Allowance are taken into consideration. In support of this submission, the learned counsel relied upon the definition of wages under section 2(s) of the Act, which is given verbatim as follows:
"Wages" means all emoluments that are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages, and any other allowance.
Regards
From India, Mumbai
Acknowledge(0)Amend(0)
PF Contribution Reduction to Rs. 6500
In regards to PF contribution being reduced to a salary of Rs. 6500/-, there are many judgments by various High Courts. Also, there is a judgment by the Supreme Court in Marathwada Gramin Bank (SC 2011 LLR 1130). I have uploaded the said judgment of the Supreme Court earlier in this forum. You are requested to research the same to view it.
Traveling Allowance and Gratuity Calculation
Regarding Traveling Allowance included for the calculation of Gratuity in Gujarat HC 803, in the matter of RM Engineering Works Vs. Khushalbhai Chavda & 2 Ors. The contention by the learned counsel for the appellant is that while calculating the amount of gratuity, Traveling & Washing Allowance are taken into consideration. In support of this submission, the learned counsel relied upon the definition of wages under section 2(s) of the Act, which is given verbatim as follows:
"Wages" means all emoluments that are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages, and any other allowance.
Regards
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Amended Labor Laws.doc
ILBCO's Updates-on Labour-Laws.pdf