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  Labour Law Judgements-February 2016

 

  • Loss Of Confidence In Employee Would Justify His Dismissal From Service. Supreme Court 113

 

  • Branch Manager Of A Bank Is Not A ˜Workman’. Guj. HC 143

 

  • Unauthorised Habitual Absence Of Workman Is A Grave Misconduct. Mad. HC 182

 

  • Authority Holding Proceeding Under S.7A Of The EPF Act, Will Be Vested With Powers Of Civil Court. All. HC 176 

 

  • Pre-Deposit Not Warranted In An Appeal In EPF Tribunal Pertaining To Damages And Interests. Del. HC 133 

 

  • EPF Authority’s Order Without Identification Of Beneficiaries Not Sustainable.Gau. HC 201

 

  • Probation Period Can’t Be Enhanced Beyond Six Months As Stipulated By Model Standing Orders. Bom. HC 209

 

  • Unintentional Delay In Deposit Of EPF Contributions Will Justify Waiver Of Damages. P&H HC 142

 

  • A Salesman Engaged In Sales And Publicity Of Company’s Products Not A Workman’.Del. HC 130

 

  • Permission To Lead Evidence Untenable If Not Pleaded Or Applied By Employer.Del. HC 132

 

  • Collecting Fare Without Issuing Tickets Will Justify Dismissal. All. HC 145 

 

  • F. Authority Cannot Defend Its Own Order In Higher Court. Ker. HC 148 

 

  • Appeal Against Orders Under Section 7A Or 7B Of The Provident Fund Act Mandates Pre-Deposit Of Determined Amount. Del. HC 118

 

  • Bias Against Enquiry Officer Cannot Be Inferred Without Supporting Evidence.Del. HC 122

 

  • Modifying Dismissal, Labour Court Has To Record Reasons.  Supreme Court 113 

 

  • Selling Tea And Running Grocery Shop Not Necessarily Gainful Employment’  Raj. HC 205 

 

  • Compensation Received Under Employees’ Compensation Act Will Debar Claim Under ESI Act. Raj. HC 204

 

  • Validity Of Domestic Enquiry Is Main Factor For Deciding Application For Approval Of Dismissal. Bom. HC 169 

 

  • A Medical Representative Is Not A ‘Workman’ . Pat. HC 185

 

  • Punishment Is Discriminatory If In A Similar Case Another Delinquent Employee Is Let Off. Supreme Court 159 

 

  • Insurance Company Is Not Liable To Pay Compensation In Respect Of An Uninsured Pillion Rider. Bom. HC 175

 

  • Confidence Of Management Will Be Lost In A Habitual Absentee. Mad. HC 182

 

  • Termination Of A Probationer If Sigmatic Without Holding Enquiry Will Be Vitiated. Bom. HC 209

 

  • Public Servant When Complainant, Need Not Be Examined At Initial Stage. HC 154

 

  • Termination Of A Workman After Repeated Extensions Would Amount To Retrenchment.P&H HC 138 

 

  • Non-Compliance Of Section 25-F Of ID Act On Termination Will Not Always Warrant Reinstatement. P&H HC 138

 

  • Repeated Dispatching Of Letters At Wrong Address Justifies Dismissal. Del. HC 122

 

  • Enquiry When Vitiated, Award Can Be In Favour Of ˜Workman’. Del. HC 132

 

  • Continuous Losses Would Justify Interim Protection By EPF Tribunal From Pre-Deposit. Del. HC 125

 

  • Pre-Deposit Not Necessary When Appeal Before EPF Tribunal Pertains To Escaped Amount. Del. HC 133

 

  • Change In Service Condition’ Not Attracted When Transfer Is Part Of Contract Of Service. MP HC 157

 

  • Termination Not Illegal When The Employee Admits Her Signature On Resignation And Receipt For Payment. P&H HC 191

 

  • Enquiry To Be Set Aside If Delinquent Is Not Supplied Copies Of Documents, As Relied Upon. Supreme Court 159

 

  • Only The EPF Appellate Tribunal Can Confirm / Modify / Annul The Order Of EPF Authority. Bom. HC 193

 

  • A Bus Conductor Holds The Post Of Trust. All. HC 145

 

  • Years Of Unblemished Record Is Important For Imposing Punishment. Gau. HC 152

 

  • EPF Appellate Tribunal Cannot Pass Conditional Stay For Damages. Del. HC 118

 

  • Dismissal Of A Workman, Who Lied On Oath In The Labour Court, Is Justified.Del. HC 122

 

  • Dismissal Of Appeal By The EPF Appellate Tribunal Before Expiry Of Stipulated Period Untenable. Del. HC 133

 

  • One Can’t Claim Accident Compensation Under Two Different Acts. Raj. HC 204

 

  • Schools Under State Control Or Aided Are Exempted From Coverage By Provident Fund Act. Raj. HC 192

 

  • Failure Of Workman To Support His Claim On Repeated Opportunities Shows He Is Not Diligent.  P&H HC 190

 

  • Failure To Prove Employer-Employee Relationship Would Not Entitle Any Relief.P&H HC 187

 

  • In Case Of Conflict Between Appointment Letter And Standing Order The Latter Will Prevail. Bom. HC 209

 

  • Misconduct In Causing Loss By A Worker For His Personal Gain Would Justify Dismissal. Supreme Court 113

 

  • Aggrieved Workman Can Avail Remedy Under The ID Act. Ori. HC 197

 

  • Section 33(2)(B) Of The I.D. Act Will Be Confined To The Enquiry. Bom. HC 169

 

  • An Unreasoned Order Of Any Authority Is Not Sustainable. Bom. HC 202

 

  • Discriminatory Punishment Is Liable To Be Vitiated. Supreme Court 159

 

  • Section 25F Of ID Act Not To Be Complied By An Employer On Termination Of Contractor’s Workman. P&H HC 187
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