Important Points


December * Labour Court/Industrial Tribunal is only bound to answer the term(s) of reference under Section 10 of the Industrial Disputes Act and not to decide any other issue including delay in raising the industrial dispute by the workman. They have no authority to adjudicate the matter which was not within the purview of dispute actually referred to it by order of reference. Objection with regard to delay in raising the demand by the workman could be taken by the employer before framing of terms of reference. Writ Court has very limited jurisdiction to re-appreciate findings of fact returned by the learned Tribunal below. Download File
December * Petitions are not maintainable for non-joiner of necessary parties. Without impleading concerned contractors with whom workmen actually worked, it is difficult to ascertain the identification of the workmen. Writ petition, without exhausting efficacious alternate remedy, is not maintainable. Writ petition, involving highly disputed questions of facts including details of wagers paid, concerned workmen, contractors, is not maintainable. Download File
November * Writ Court is competent to lift the order of attachment of bank account of the employer as passed by the EPF Authorities subject to conditions as deems justified. In case the employer submits sufficient proof of depositing the ordered amount and regularity in paying current EPF dues, attachment of bank account shall not be re-imposed by the EPF Authorities till disposal of the writ petition. Download File
November * By obtaining exemption from the EPF Authorities, an employer may jump to any other scheme on its own in respect of PF of its employees if the same is more beneficial than that under the EPF Act. Exemption provided by the EPF Authorities may be revoked by these Authorities, giving reason(s) thereto. As per provisions of the Act, the employer is statutory bound to contribute EPF contributions to the extent of prescribed limits only. An employer contributing more than the prescribed limits under any agreement with the workmen or union, may reduce its share to the extent of prescribed limits under the Act. If the EPF Authorities do not refund the excess amount deposited by the employer, they shall be liable to pay interest thereon. Download File
November * Proceedings under Section 7A of the EPF Act are judicial proceeding by fiction since the same can well be equated for the purpose with a court under Section 195(1)(b)(i) of CrPC. Section 193, IPC refers to a judicial proceeding whereas Section 195, CrPC refers to a proceedings in any court. International insult or interruption to public servant sitting in judicial proceeding is an offence punishable under Section 228 of IPC. The officer conducting the enquiry under Section 7A(1) of the EPF Act, shall, for the purpose of such enquiry, have the same powers as are vested in a court under the CPC 1908, for trying a suit and any such enquiry shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for the purpose of Section 196 of the IPC, 1860. Download File
November * Law is well settled that gratuity, leave salary, family benefit fund (provident fund & pension) are all immunes from attachment, against any liability. Wife and children are legal heirs of the deceased employee, entitled to all such monetary benefits. Gratuity & PF cannot be attached for recovery of balance outstanding amount against loan obtained from Bank. Download File
November * When an employee was appointed in Supervisory and designated as Junior Executive in Grade A, became Member of Supervisory Staff Association, performing duty to supervise one shift of duty, receiving salary and allowances as an Executive, cannot be a workman under the Industrial Disputes Act. The technical rule of evidence is that ‘wherever the opponent has declined to avail himself of the opportunity to put his essential and material case in cross-examination, it must follow that he believed that the testimony given could not be disputed at all’. A piecemail selection of a part of evidence is not the right approach as the effect of totality of the evidence is likely to be lost sight of the in the process. Salary exceeding Rs.1600 per month is an important factor which excludes the employee from the category of workman. Download File
November * An amount paid as interim relief on amount of increase in wages on the basis of recommendations of the wage board, is to be covered under the term ‘wages’ as defined under Section 2(22) of the ESI Act. Where there may be two or more ways to interpret a statutory provision, the spirit of ESI Act, being welfare legislation, warrants a construction that benefits the working class. Departmental memorandum, applicable in respect of central public sector enterprises, would not be effective upon private limited company. Interim relief is not a gift or inam but part of wages as defined under Section 2(22) of the ESI Act. Download File
October * Ex-parte enquiry finding due to non-responding to the charge-sheet, non-attending enquiry proceedings without any sufficient cause and non-responding to second show-cause notice, would not be liable to the vitiated if there is no procedural fault. Non-interference in the order of punishment by the labour court by exercising its power under Section 11-A of the Industrial Disputes Act, would not having any fault if the workman himself has not place any supporting material to the effect that the punishment is shockingly disproportionate, on the case file. Download File
September * The Tribunal while answering the reference has to confine its inquiry to the question(s) referred to and has no jurisdiction to travel beyond the question(s) or/and terms of reference. It is settled legal proposition that judicial review is not taken to adjudication on merits by re-appreciating the evidence as an appellate authority. Download File
September * The standard of proof required in a disciplinary proceeding and in the criminal court is intrinsically different, as in the disciplinary inquiry charges are proved on the scale of preponderance of probabilities, while in the criminal case the charges framed are required to be proved beyond all reasonable doubt. Download File
September * Termination of services of an employee, appointed on a fixed term, at the time of expiry of duration of the fixed term, is not illegal. Termination of services of an employee not appointed in pursuant to any selection procedure or by following the constitutional scheme, is not illegal. Download File
September * Where the workman has assaulted the production manager, showing any leniency by the Labour Court / Industrial Tribunal, by exercising power under Section 11-A of the Industrial Dispute Act, 1947 is not proper since it would amount to misplaced sympathy which would adversely affect discipline in the organisation. Download File
September * For proving employer-employee relationship, the required documents are like appointment letter, written contract, joining report, attendance register, leave record, p.p. records, ESI records and evidence of co-workers. In the absence of any documentary evidence, the existence of employer-employee relationship would not exist between claimant-workman and the alleged employer. As per Sections 101 to 104A of the Evidence Act, the party who asserts must prove through evidence to the satisfaction of the Court, the existence of the fact contended by it. Burden of proving a fact rests on the party who substantially asserts the affirmative of the issue and not upon the party who denies it, for a negative is usually incapable of proof. When a party is bound to prove the existence of any fact, the burden of proof lies on that party. Burden to prove employer-employee relationship lies on the workman. Mere self-serving affidavit would not tantamount to prove the relationship of employer-employees. Download File
August * Any person employed for wages in connection with work of the establishment, either directly or through contractor but not apprentice engaged under the Apprentices Act or under the Standing Orders of the establishment is an employee under Section 2(f) of the EPF Act. On the basis of payment of attendance bonus, retention bonus or efficiency payment, any person, as engaged, would not be coverable under the definition of employee under the Act. A trainee, not covered under the Apprentices Act or Standing Orders, if not performing regular job i.e. if regular production of the establishment is not dependent upon his performance, the provision of the Act are not applicable to such a trainee. Without recording statement of any such trainee, as employed, to the effect that they are performing regular job or the production is fully dependent upon their performance, they are not to be covered under the Act by the EPF Authority under the proceedings under Section 7-A of the Act. The EPF Authority is empowered to enforce the attendance of any person, to issue order for discovery and production of any document, as is enjoyed by the Court under Civil Procedure Code, in receding the judicial proceedings. The EPF Authority is to decide not abstract question of law but to determine actual concrete difference in payment of contributions and only granting of opportunity to the employer is not sufficient. Without identification of beneficiaries, liability of payment of EPF dues to be saddled upon an employer is not sustainable. The EPF Authority is not empowered to direct an employer to make compliance of any other Act including Apprentices, Bonus, Minimum Wages Acts etc. for application of principles of natural justice, the EPF Authority is to grant proper opportunity of being heard to a person against whom enquiry is being conducted, to exercise fair and transparent procedure and it must apply its mind while passing a speaking or reasoned order. Download File
August * The labour leaders issued statutory notice for one day strike to pressurise the Management for implementing the labour laws. On very next day the Management issued transfer order, transferring them at another unit at distance of about 86 kms. The Management also obtained an order of status quo from the Court in this respect, the Union challenged the transfer order as well as the order of status quo passed by the Court. The writ court held that the petitioners may be labour leaders but no prejudice would be caused to them since they have been transferred at a distance of 86 kms, they can commute by free of cost between the place of transfer and transferee and even alongwith them other labour leaders including Presidents & Secretaries of the Union who were also signatories of the notice, have also been transferred which proves that petitioners have not been victimised. Download File
August * Workman was contractual employee appointed for short fixed term of 3 months which was extended from time-to-time with stop gap arrangement by giving breaks for one or 2 days. He had completed 240 days service during the 12 calendar months prior to termination. When the regular appointee was appointed, the services of the contractual employees were terminated by giving one month’s notice. Workman raised an industrial dispute. Industrial Tribunal considering the breaks for 2-3 days as artificial breaks, held the termination without holding departmental enquiry or giving show-cause notice, as illegal being in violation of Section 25F of the Act, directing the management for his reinstatement without back-wages. Both the Management and the workman challenged the award in separate writ petitions. It has been held that the appointment was on short term vacancy for fixed period of 3 months, clearly indicating that appointment does not confer any right for continuance on regular appointment, hence in such cases compliance of Section 25F of the Industrial Disputes Act is not required. Termination of service of the workman after appointment of regular employee is not retrenchment as per Section 2(oo)(bb) of the Industrial Disputes Act, if the contract of employment is having stipulation that it does not confer any right for continuance on regular appointment. Download File
August * Rule 25(2)(v)(a) of Contract Labour (Regulation & Abolition) Rules, 1971 confers protection to employees engaged through contractor since the permanent employees has to be inducted by the employer by a different set of procedure whereas for workers employed by contractor, the procedure is bound to be different. There has to be difference between the sources for recruitment. Prima facie Rule 25(2)(v)(a) of the Rules provide protection with regard to similar wages to the employees, engaged by a contractor as envisaged constitutionally. Slight variations in nature of work cannot brush aside the similarity. There has to be a substantial difference between the nature of work to justify the difference in wages of permanent employee and contractor’s employee. Download File
July * As daily batta paid to a driver or an employee does not fall under any of those exceptions in Section 2(1)(m) of the Employees’ Compensation Act, 1923, it will necessarily be a part of ‘monthly wages’ for the purposed of the 1923 Act. Download File
July * Appropriate Government, in relation to an establishment belonging to, or under the control of the Central Government, is the Central Government. Appropriate Government, in relation to an establishment not belonging to, or not under the control of the Central Government and not having its branches in more than one state, is the State Government. Appropriate Government, in relation to an establishment having branches in more than one state, is the Central Government. Appropriate Government, in relation to a factory belonging to, or under the control of the Central Government is the Central Government. Appropriate Government, in relation to a factory not belonging to, or not under the control of the Central Government, even having its units in more than one state, is the State Government since it would be covered under Section 2(a)(ii) of the Act. Download File
July * An officer dealing with cash transactions of the company is expected to maintain utmost integrity, devotion and diligence, thereby demonstrating the highest degree of integrity and trustworthiness. Law is settled that mere repayment of misappropriated money would not absolve a person of such a serious charge. When an employer has lost confidence upon an officer, it is not for the court, by excising power of judicial review, to interfere with the decision of the disciplinary authority of the employer, modifying the quantum of punishment. Illegal possession of public money is a serious charge of misappropriation, justifying dismissal from service. Download File
July * In every case of illegal termination, reinstatement is not automatic or as a strait jacket formula. Instead of reinstatement a lump sum compensation is to be granted keeping in view, the duration of service, the workman had put with the Management, circumstances of the Management, organisational structure etc. Download File
June * Possession of employee or his family members after his death over the quarter allotted by the company, from the date of cessation of employment, is illegal. The employer is competent to file civil suit for eviction against the employee or his family members on his expiry, for vacating the quarter allotted to the employee by virtue of his employment since contractual relationship between employer and employee had come into existence on the basis of tenancy agreement between both of them. Employer-Company is having legal right to file complaint against the employee and/or his legal heirs/family members, in competent court seeking employee or his family members prosecution, eviction of the quarter and for imposition of fine since the Civil Procedure Code does not bar the applicability of the Companies Act. Eviction suit is of civil nature. The Civil Court is competent to take cognizance of an eviction suit filed by the company against its employee(s) or his heirs/family members for eviction of quarter allotted to the employee by virtue of the employment on rent basis till his last day of employment, since civil court is not barred by virtue of any special enactment to entertain and try such suits. Filing of eviction suit in civil court is not hit by Section 13 of the U.P. Industrial Housing Act, 1955. The Section 9 of the Civil Procedure Code provides that the civil court shall have jurisdiction to try all suits of a ‘civil nature’ excepting suits of which their cognizance is either expressly or impliedly barred. An employee or his family members are liable to pay rent at the market rate, in addition to damages and compensation, during the period of their illegal possession over the quarter allotted to the employee by virtue of his employment by the employer. Download File
May * Attendance bonus or bonus is not ‘wages’ u/s 2(s) of the Payment of Gratuity Act for the purpose of calculation of gratuity. Order of controlling, not challenged in appeal by the aggrieved party, within prescribed limitation, would attain finality. If the order of controlling authority is not challenged in appeal by the aggrieved party, within prescribed limitation, the appellate authority cannot interfere with the same that being not a lis before it. If the claimant-employee has not vacated the accommodation provided by the employer, he will not be entitled to interest in respect of the period of such unauthorized occupation of the accommodation as held by the Supreme Court in the case Union of India & Anr. Vs. K. Balakrishna Nambiar, AIR 1998 SC 2958. Download File
May * The RPFC (EPF Authority) cannot file writ petition against the order of the EPF Appellate Tribunal since it exercises quasi-judicial authority and the appellate tribunal’s order cannot be said to have adversely affected the right of the EPF Authority to deprive it of something to which it has a right. Download File
May * Non-issue of notice or payment of notice-pay, before or at the time of terminating the services of the workman, having served for 240 days or more than that, is violation of Section 25F of the Industrial Disputes Act, 1947 making the termination illegal and entitling the workman to reinstatement with wages and all consequential benefits. If the Management fails to produce any valid contract or agreement with any man-power supplying agency during the relevant period, in respect of the workman who has worked with it, the relationship of employer-employee between the Management and the Workman would stand proved. If the workman proves his appointment letter issued by the principal employer, his name in the muster-roll of the Management and an experience certificate issued by the principal employer, he would be treated as employee of the principal employer. Retrenchment is illegal if the Management fails to prove that the same is covered under sub-clause (bb) of Section 2(oo) of the Industrial Disputes Act, 1947. Retrenchment is illegal if the Management fails to prove that the same is as per provisions of Section 25FFF of the Act. Engagement of daily wager by itself would not amount to putting the workman on notice that he was being engaged in a scheme or project which was to last only for a particular length of time or upto the occurrence of some event making his know that this employment was short lived. If the appointment letter of the workman contains that his employment was for a fixed term or short-lived, then the workman may not raise complaint that the employer has terminated his serves abruptly. If a workman was employed in a project or scheme of temporary duration, contract was to end on the expiry of the contract/scheme or project, termination of his services would be covered by the Section 2(oo)(bb) of the Industrial Disputes Act, 1947. Closure of establishment / undertaking due to unavoidable circumstances beyond the control of the employer, the compensation shall not exceed average pay for 3 months. A workman having served the establishment for not less than 1 year immediately before the closure of the same shall be entitled to notice and compensation as per provisions of Section 25F of the Act at the time of his retrenchment. Delay and latches, if explained to the satisfaction of the court, the delay of 5-7 in raising an industrial dispute on the part of the workman is no ground to disentitle the workman from the benefits for which he is legally entitled. Download File
May * Contractual employees directly employed or through contractor are entitled to maternity leave as per the Maternity Benefit Act, 1961. The Company/Firm of the contractor is an establishment as per Section 3(e) of the Act. Download File
April * Minimum wages are not merely for the bare subsistence of life but also for preservation of efficiency of the worker, some measure of education, medical, amenities for himself and his family. All remuneration, capable of being expressed to employees consisting of basic wages, dearness and other allowances are to constitute ‘minimum wages’. Minimum wages are revisable by the appropriate government from time to tome not just to fix the basic rate of wages but also provide for special allowances keeping in view the cost of living index applicable to the workmen. Where the employer is paying a total sum which is higher than minimum rate of wages fixed under the Act including the cost of living index (VDA), claim demanding VDA or such other benefit separately, is not sustainable. Where the dispute is of general nature a settlement arrived at during conciliation proceeding between union/workmen and the Management is binding even on non-members of the union. Where dispute refers to particular workmen, indicating names of the workmen or class of workmen, the benefit of settlement or even of award is not available to other workmen or class of workmen. Proceeding u/s 33-C(2) of the Industrial Disputes Act is in the nature of an execution proceeding. No workman can raise a claim u/s 33-C(2) of the Act which is not based on an existing right under a settlement or award. Download File
April * Case under Section 2(d) of the Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act is applicable upon the work of building structure, done before obtaining registration under the Factories Act or Mines Act. If the work of erection of a building or a particular structure cannot be subjected to Factories Act or Mines Act, the excluding part in Section 2(d) will not be applicable, meaning thereby that the cess is applicable. Download File


March * Power of judicial review by Industrial Tribunal/Labour Court u/s 11A of the Industrial Disputes Act is very limited only when there exists perversity or procedural lapses or violation of principles of natural justice in findings, relied upon by the Management. Industrial Tribunal/Labour Court is empowered u/s 11A of the Industrial Disputes Act to interfere with the order of termination of services of the workman only when the impugned order is passed on the basis of good faith indicating victimization and unfair labour practice by Management. An enquiry is liable to be vitiated if it is held without following the procedure laid down or it is in violation of principles of natural justice. Allegation of sleeping while on duty of watching constantly the running of compressors is a grave and serious misconduct since it may cause heavy damage to the machines for which the workman was duty bound to check the machines frequently, justifying dismissal of workman form his service. Download File
March * Standard of proof in departmental proceedings and criminal proceedings is quite different. Requirement of standard of proof in criminal proceedings is ‘stick proof of evidence’. Basis of enquiry finding is ‘preponderance of probabilities’ i.e. probative material of evidence. Acquittal in criminal case by itself cannot constitute a ground to set aside the finding of enquiry officer. Download File
March * Termination of services of an employee without making compliance of Section 25F of the Industrial Disputes Act is illegal, liable to be set aside, attracting reinstatement with back-wages. Termination of a delinquent employee, who has admitted his guilt, without conducting proper enquiry, is illegal being in violation of principles of natural justice. Non-conducting of proper and fair enquiry, even when the delinquent employee has admitted his guilt, is not proper while punishment of termination of services is imposed upon the delinquent employee. Download File
March * Withdrawal of resignation, after acceptance of the same by the Management and conveying to the workman, is not legally valid. Keeping in view long duration in litigation, offering lumpsum compensation by the Management to the workman through court to settle the dispute in full and final, is appropriate to establish industrial peace and harmony. Download File
February * Enquiry is liable to be quashed on account of violation of principles of natural justice, where the authority who issued the charge sheet also acted as enquiry office and suggested the punishment since such a procedure is inconsistent to the provisions of law. When the same authority who issued the charge sheet also acted as enquiry officer and suggested the punishment, the enquiry is liable to be quashed. Same authority issuing charge sheet, working as an enquiry officer and suggesting quantum of punishment, is an example of biased mind enquiry. Termination of services of an employee is not justified if the findings recorded by the enquiry officer are perverse being on the basis of no evidence. If the Management does not make any effort before the labour court to establish the charges against him when the enquiry finding are held to be not fair and proper, delinquent employee will be held to be discharged from the charges. Forfeiting of gratuity only by alleging that misconduct of the employee constitutes an offence involving moral turpitude is illegal. For forfeiture of gratuity there must be termination of the employee on account of the alleged misconduct which constitute an offence involving moral turpitude. Download File
February * Termination of probationary services of an employee is not illegal until the termination order is having some stigmatic basis of termination. The words ‘unsatisfactory performance/work’, ‘lack of efficiency’, ‘unsuitable’ does not ipso facto become stigmatic. While terminating services of a probationer, neither any notice is required to be given to the employee nor any opportunity of hearing until such a stipulation is there in the service contract. Services of a probationer can be terminated at any time before confirmation provided that the same is not stigmatic. Law is well settled that is the employer who decides whether or not probationary services of an employee are or are not satisfactory for the employer. The court cannot substitute its decision with that of the competent authority / employer that his probationary services are or not satisfactory. Download File
January * Plea of abandonment taken by the Management is not sustainable if the Management had not issued any notice asking the workman to report for duty, followed by conducting of regular enquiry, to hold the workman guilty of absenteeism i.e. abandonment of job. Non-issue of any demand notice within a reasonable time by the workman to the Management for allowing him to perform duty may affect adversely to the relief for which he was otherwise entitled. Presumption of abandonment of job by the workman, to be taken by Management without issuing any show-cause notice to the workman and conducting regular enquiry is not sustainable. Pleas of the workman that he was not allowed to perform duty without sufficient material on record is not sustainable. Non-issue of demand notice by the workman within a reasonable time may convert the entitlement of reinstatement and back wages into lumpsum compensation. Download File
January * When an order issued by the government, extending retirement age from 58 to 60 years applies only to union government servants, an employee of private sector is not entitled to seek relief under that order. When there are certified standing orders of a private sector company, having retirement age as 58 years, a workman cannot claim the retirement age as 60 years in the absence of any amendment in the certified standing orders to this effect. Download File
December * Considering the definition of the term ‘superannuation’ in Section 2(r) of the Payment of Gratuity Act, the employee cannot claim gratuity, for the period of his attaining the age of retirement i.e. superannuation. Download File
December * On considering the definition of ‘wages’ in the EPF Act, it is quite clear that the amounts paid for expenditure incurred towards canteen subsidy or mess allowance or food subsidy, does not form part of ‘wages’ under the Act. Download File
December * The basic principle well accepted is that whatever is not payable by all the concerns or may not be earned by all employees of a concern, is excluded for the purpose of contributions. It is settled principle that production bonus is a category of bonus which has to be excluded from ‘basic wages’. Download File
November * In light of Section 2A of the Payment of Gratuity Act, weekly holiday or national day are not be considered to be break in service. Sundays/weekly holidays and national holidays are to be added to the number of days worked for completion of 240 days. 15 days wages per completed year of service, for calculation of gratuity ought to be on treating the monthly wages as being paid for 26 working days. For the period of delay in releasing the payment of gratuity, if not due to any fault of the employee, the employer has to pay interest. Wages for the purpose of calculation are to be taken the last revised rates. An employee is entitled to gratuity for the period he was in the employment of the employer irrespective of his employment as casual or temporary or regular employee. Download File
November * An employee will remain on probation till his services are confirmed in writing, in the absence of any contrary stipulation in the appointment letter. When the service rules fixed a certain period of time beyond which the probationary period cannot be extended and an employee appointed or promoted to a post on probation, is allowed to continue in that post after completion of the maximum period of probation without any express order of confirmation, he cannot be deemed to continue in that post as a probationer by implication. Termination of services on account of ‘unsatisfactory performance’ does not amount to retrenchment. Termination of services of a probationer on account of ‘unsatisfactory performance’ is neither stigmatic nor in violation of Section 25F of the Industrial Dispute Act, 1947. Termination of services of a probationer is covered by clause (bb) of Section 2(oo) of the Industrial Disputes Act, 1947. Download File
October * Whether the preliminary issue of employer-employee relationship is to be decided first? Yes. The Madras High Court directed the industrial adjudicator first to decide the issue of existence of employer-employee relationship as preliminary issue and then to proceed further to decide other issues on merits on the basis of outcome of the preliminary issue. Download File
October * As per proviso to Regulation 3 of the EPS, 1995 no contribution is required from the employer in respect of wages above the prescribed limit. Download File
September * Engaging and continuing him as trainee for over 4 years without imparting any training by the employer, terminating the training will be illegal and the Industrial Tribunal has rightly granted reinstatement with back-wages hence the High Court will not interfere. Merely engaging a trainee without providing any training for four years, such trainee will be squarely covered by Section 2(a) of the Industrial Disputes Act defining ‘workman’ more so even the appointment letter stated that the concerned trainee can be transferred to any other location which is not stated in the letter to a trainee. Download File
September * Misconduct of misappropriation when stands proved against the delinquent employee, reinstatement cannot be ordered. Normally the courts do not substitute the punishment unless they are shockingly disproportionate. Misconduct of misappropriation should be dealt with iron hands and not leniently. More stating that punishment is disproportionate without substantial reasons would not suffice to substitute lighter punishment. An employee holding a position of trust where honesty and integrity are inbuilt requirements of functioning, dealing the matter leniently would not be proper. Highest degree of integrity and trustworthiness is must while dealing with the public money. Download File
August * The Directors of a Private Ltd Company are not personally liable to the contribution collected under the ESI Act. Under Section 2(15) of the ESI Act, occupier means the person who has ultimate control over the affairs of the factory/company. Principal employer is liable to pay contributions in respect of every employee under Section 40 of the ESI Act. Download File
August * Enquiry should be conducted in the language which is understood by the delinquent employee. Enquiry conducted in Hindi whereas the delinquent does not have knowledge of Hindi, is liable to be set aside since it does not fulfill the requirement of principles of natural justice. Download File
August * Section 13(3) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 provides – (a) that report of committee shall have to be deemed as an enquiry report in a disciplinary action (b) it has to be treated as finding in disciplinary enquiry (c) finding and report of the internal complaints committee shall not be treated as a mere preliminary investigation but a finding in enquiry. Bar of alternative effective remedy is a self-imposed restraint and not a constitutional bar. Download File
July * In the absence of relationship of employer-employee between the principal employer and the employees, demand of EPF contributions by the EPF Authority from principal employer in respect of such employees, is illegal. When canteen premises given to the third party is free of cost, the principal employer is not liable to pay EPF contributions in respect of employees engaged by the third party for running of the canteen independently. Download File
July * Employees of contractor, having separate legal entity cannot be treated as employees of principal employer, cannot claim benefits equal to that of regular employees and can only be determined in terms of their contract with the contractor. Download File
July * Acts being contrary to justice, honesty, modesty or good morals, shocking to the moral sense of community, are to be covered under the term ‘moral turpitude’. Causing physical assault to the superior officer, using unparliamentary language and tampering the service records are to be covered under the term ‘moral turpitude’. There is no need of conducting domestic enquiry prior to effecting dismissal from service of an employee if the dismissal order is to be passed by issuing charge-sheet calling for his explanation only on the basis of conviction order passed by the criminal court. Download File
June * In view of definite wording of the relevant provisions of the Payment of Gratuity Act, without there being a conviction of the employee for an offence, involving moral turpitude by the criminal court, his amount of gratuity cannot be forfeited, only on the basis that charges or misappropriation etc. are established in the disciplinary inquiry held be the Management. Download File
June * Consuming liquor by an employee while on duty is a serious misconduct. The quantum of presence of alcohol in the blood of employee-driver is not so much relevant or significance but the influence of alcohol while on duty is a serious misconduct since a driver while driving bus of the corporation is not only to cause damage to the bus due to any accident but it has to cause a lot of dame to the general public, at large, and damage to the reputation of the corporation. Download File
June * To establish employer-employee relationship would include inter alia (i) who appoints the workman, (ii) who pays the salary, (iii) who has the authority to dismiss, (iv) who can take disciplinary action (v) whether there is continuity of service and (vi) extent of control and supervision. An employee would not be treated as n employee of the principal employer only on the basis that the contractor is not a registered one or having licence under the Contract Labour Act. When the workman has no employer-employee relationship with principal employer, his plea that termination of his services by the principal employer is in violation of Section 25F of the Industrial Disputes Act, is not sustainable even when the contractor was not a registered one. Mere implementing the contractor as a party by the workman would not enable him to establish that he was employee of the principal employer. Mere depositing of ESI contribution of the contractor’s employees by the principal employer since it is a mandatory responsibility of the principal employer to ensure that workman is registered member under ESI Scheme and contributions are deposited subject to realization of the same from the contractor as the ESI Act does not prescribe that a contractor has to possess his own code number. Only on the basis of ESI card having address of the principal employer and the employee would not come into existence. An award passed by the Industrial Tribunal can only be interfered by the writ jurisdiction under Article 226 of the Constitution of India if the same is illegal, irrational and suffers from procedural impropriety. Download File
June * Notice u/s 25F(c) read with Rule 76(a), in Form-P, is mandatory, to be sent to the appropriate government, within 3 days from the date the notice, given to the workman. Retirement of a workman would be illegal in case of non-compliance of provisions of Section 25F(c) & Rule 76(a) of the Industrial Disputes Act and Rules, respectively. When termination of services of a workman is set aside for non-compliance of mandatory provisions of the Industrial Disputes Act & Rules, it would attract reinstatement with full back-wages with consequential benefits. The Section 8(2) of the Delhi School Education Act, 1973 is a substantive right provided from safeguarding the conditions of services of an employee to avoid arbitrary or unreasonable termination of services of an employee hence the approval of the Director on termination of an employee will be necessary. Entire amount, to be paid to an employee towards back-wages, must be spread over the period from the date of retrenchment to final decision of the Court for providing benefits u/s 89 of the Income Tax Act, 1961 to the employee. Download File
May * Indiscipline at work place is not to be tolerated and in case the workers repeatedly indulge in intimidation and threating the officers, the entire working atmosphere would stand vitiated. Only punishment appropriate for such misconduct would be dismissal from service. Download File
May * Transfer of an employee is an incident of service if the employee is having a transferable post, from one machine to another is as per condition of employment and does not amount to change in conditions of service, from winding department to double winding department without notice u/s 9A of the Industrial Disputes Act is not illegal if the employee fails to point out any change in conditions of his service. Admission of the employee that he was given printed attendance card of badliwala, he neither made any complaint nor raised any industrial dispute for removal of his designation as badliwala through his long service duration or to make him permanent, leaves no doubt that transfer was not mala fide since he was having no knowledge that he would be given duty in only one particular department. No relief can be granted to a transferee-employee if he has refused to report for duty at the place of his transfer since transfer order is arising from the due course of his service condition. Selection of transferee-employee keeping in view his suitability at the transferred place always rests with the employer. It cannot be presumed that the management is under any legal obligation to transfer the same set of employees to transferred place instead one out of them. Download File
May * No discretion is provided under Section 85(a)(i)(b) of the ESI Act to award less than the prescribed fine of Rs.5000 under the main provision. Discretion of the Court is limited only to the proviso which is in the nature of an exception whereunder the Court is vested with discretion limited to imposition of imprisonment for a lesser term. When wordings of the statute are clear, no interpretation is required unless there is a requirement of saving the provisions form vice of unconstitutionality or absurdity. Download File
April * It is well-settled that whenever termination of service of workman was found to be not in accordance with law, it does not automatically follow there would be reinstatement in service with full back wages. Download File
April * It is settled position of law that if a workman is placed under suspension pending the departmental inquiry, and if ultimately he is found guilty and punishment is imposed as the necessary consequence, the suspension would be treated as such. Download File
April * Delay in raising dispute is definitely an important circumstance to be kept in mind by the Industrial Tribunal or Labour Court at the time of exercise of discretion, irrespective of whether or not such an objection has been raised by the other side. Download File
April * In view of the principle of double jeopardy, once an individual is convicted for an offence under the provisions of the Factories Act, for the same incident/occurrence, he cannot be prosecuted for an offence under IPC. Download File
April * The casual employees of the club will be covered under ESI Act since such employees work for the day of racing which is perennial activity of turf club and in view of the provisions of the Act, Rules, Regulations and Notification, there is no doubt that such employees are covered and consequently are entitled for benefit of the Act. The casual employees in a club are distinguishable for the coolies who were available for work to others and on the very day worked for several others who also engaged them for loading and unloading of goods. Thus it was held that coolies could not be said to be casual workmen under the ESI Act. The Management of the Club will be liable to pay contributions of the casual employees and for the past employees even when no benefits have been derived by the employee. The ESI Act is welfare legislation and is required to be interpreted so as to ensure extension of benefits to the employees and not to deprive them of the same which are available under the Act. Download File
April * Considering the termination as stigmatic on the basis of memos issued to the workman indicating his/her short-comings and directing his/her to improve his/her performance is unwarranted. Termination of services of a probationer on the basis of his overall performance does not amount removal as punishment. Appointing authority is entitled to look into any complaint made in respect of the probationer while making assessment of his performance regarding his confirmation. Even if an order of termination simplicitor brings on record some preliminary enquiry regarding allegations against the probationer that will not vitiate order of termination. If an employee did not question his/her first or second extensions, she is not entitled to challenge the consequences of her poor assessment at belated state at the time of termination of her services on account of unsatisfactory performance. If some sort of misconduct on the part of probationer is disclosed in the cross-examination of the witness of the Management being the reason of termination from services of the probationer, the same could not be used as evidence by the Industrial Adjudicator to conclude that order of termination, which otherwise being simplicitor, is motivated by any consideration of the Management other than the decision of the Management as to be satisfactory nature of the work. Download File


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