Labour Law Judgements-March 2016


  • Absence of 140 days will justify dismissal from service. P&H HC 236
  • Compensation not reinstatement proper when industry is non-functional. Supreme Court 225
  • Repeated extension for fixed period appointment will amount to unfair labour practice. P&H HC 239
  • Reducing accident compensation without reasons is unsustainable.  Supreme Court 295
  • Interference in punishment by court is only when it is disproportionate. Bom. HC 226
  • Publication in newspaper would be appropriate when summons are not served. Del. HC 302
  • Assessing loss of earning capacity for accident com pensation without verification by doctor not justified. Gau. HC 311
  • Drunk driver endangering lives of students is rightly terminated. P&H HC 258
  • Gratuity to be paid on five-year service irrespective of permanent or on temporary basis.Bom. HC 305
  • Dismissal justified for tampering bank records. P&H HC 317
  • During maternity period, employment is to be protected. Bom. HC 328
  • No additional dearness allowance to be paid when the total wages are higher than revised VDA.Bom. HC 319
  • Mere negligence does not justify dismissal of an employee.  Mad. HC 290
  • Compensation is appropriate on setting aside termination of casual employee.P&H HC 241
  • Tiffin allowance would also be considered for computation of compensation for accident. Tri. HC 291
  • Principal employer has to ensure minimum wages to workers of contractor.Guj. HC 278
  • Reinstatement is not automatic on every illegal termination.  Raj. HC 261
  • Any benefit being availed by workmen for 21 years cannot be withdrawn without ‘notice of change’. Cal. HC 270
  • Ex-parte  Award to be set aside when summons by registered post are not received back.  P&H HC 243
  • Abolition of contract labour to be decided by government, not adjudicator.Karn. HC 246
  • Reinstatement with back-wages appropriate when Management fails to prove abandonment.P&H HC 233
  • Reinstatement not proper to daily-wager with 20 months’ service. Raj. HC 261
  • An officer exercising supervisory powers is not a ‘workman’. Guj. HC 249
  • Misappropriation, proved in enquiry, will justify termination of service. P&H HC 257
  • In the ‘course of employment’ under Employees’ Compensation Act means doing incidental work also. Supreme Court 295
  • Setting aside  ex-parte  order by stating reasons is not to be interfered.P&H HC 267
  • Medical Practitioner must depose the physical disability of injured workman for calculating accident compensation.  Gau. HC 311
  • Reliance only upon report of process server on service of summons is also doubtful.
    Del. HC 302
  • No interference by Court in enquiry held as per natural justice.    P&H HC 317
  • Washing, children education allowances and bonus not part of ‘wages’ under Minimum Wages Act.  Bom. HC 319
  • Termination of a woman employee during maternity leave for unauthorised absence to be set aside. Bom. HC 328
  • Management is to disprove when workman establishes 240 days working.Del. HC 265
  • Dy. General Manager will not be a ‘workman’ under ID Act.  Pat. HC 229
  • A daily-wager performing work of permanent nature is to be regularised in service. Guj. HC 272
  • Fraudulent conduct, if not proved, will not justify punishment. Mad. HC 253
  • Penalty and interest on accident compensation payable by the employer and not the insurer.  Ker. HC 288
  • Appeal against Controlling Authority to be filed within 60 days. P&H HC 260
  • Pension only on age of 50 years after completion of formalities. P&H HC 244
  • Misappropriation by an employee is a grave& serious misconduct. P&H HC 257
  • Principal employer is to ensure amenities to contractors’ employees. Guj. HC 278
  • Contract Labour (R&A) Act mandates registration by principal employer and licence by contractor.  Guj. HC 278
  • Number of defaults, amount involved and periods are relevant for waiver/reduction of damages for delayed EPF dues.   Cal. HC 314
  • Appeal against BOCW Cess Act only when cess, as imposed, is deposited. All. HC 308
  • Late payment of compensation to be made by defaulting employer. Guj. HC 278