Hi experts i have some latest labour Law Judgements of Last month in different High courst in India
- Sleeping during duty hours would justify dismissal of watchman. Mad. HC 127
- Prosecution for Contract Labour (R&A) Act, 1970 lies only against the business conducting officer. AP HC 151
- Transfer in the absence of such condition is unsustainable. Del. HC 118
- Transfer based on terms and conditions can't be challenged. MP HC 134
- Unauthorized overstay for a long period would justify dismissal. Del. HC 121
- A Sales Manager is not a ‘workman'. Del. HC 204
- Unless examined, loss of confidence can't be presumed. Guj. HC 146
- Temporary embezzlement is also a serious misconduct. Del. HC 190 A temple is also covered by the Payment of Gratuity Act. Karn. HC 163
- Termination justified if 240 working days are not proved. Del. HC 184
- Appeal not writ is tenable to challenge the order of EPF officer. AP HC 150
- Effective adjudication only when relied documents are supplied to opposite party. AP HC 150
- A claim based on fake or tempered documents would fail. Del. HC 113
- Unpaid Sundays and public holidays are not to be counted for computation of 240 days working. P&H HC 132
- Despite upholding the enquiry as fair, Labour Court can modify the punishment. P&H HC 129
- Criminal complaint against an officer without designation is untenable. AP HC 151
- A Call centre is liable to pay minimum wages. Del. HC 120
- Insurer is liable for compensation even when the vehicle was stationary. Karn. HC 153
- Ex-parte enquiry justified when the workman did not demand T.A., D.A. etc. for attending. MP HC 134
- Enquiry sans its prescribed principles is to be set aside. Mad. HC 125
- In enquiries strict rules of evidence are not to be followed. Del. HC 190
- Industrial Tribunal is not to exercise appellate powers on the enquiry. Del. HC 188
- When employer sustained losses, the default of PF dues is not intentional. Guj. HC 198
- A gratuity appeal after 120 days of order is barred by limitation. Guj. HC 201
- Initial burden of proving wrongful termination is on workman. Del. HC 208
- Self-statement for 240 days working is not a sufficient proof. Del. HC 113
- Reinstatement is not proper for unauthorized absence after holding proper enquiry. MP HC 134
- Termination of a lady employee for complaining s*xual harassment would send a wrong signal. Guj. HC 146
- Coverage under ESI any report in the absence of descripttions of employees is not sustainable. MP HC 124
- Abandonment will be presumed when termination is not proved. Del. HC 184
- Resignation can't be challenged when receipt of final payment is proved. Del. HC 181
- Termination rightly set aside when no approval sought during pendency of dispute. Del. HC 179
- No limitation prescribed for recovery of the EPF dues. Guj. HC 199
- Deposit of ordered amount is must for filing appeal under Gratuity Act. Guj. HC 201
- Unless malafide; transfer not to be interfered by Courts Mad. HC 195
- A dispute is untenable on failure of workman to prove 240 days working. Del. HC 113
- High Court will interfere in an award only when it is perverse. Del. HC 113
- Prosecution justified for violation of Delhi Shops and Establishments Act. Del. HC 120
- Cases of s*xual harassment shall be dealt seriously by the courts. Guj. HC 146
- An order is liable to be set aside when no supporting reasons assigned. MP HC 124
- Dismissal for temporary embezzlement is not disproportionate. Del. HC 190
- Parity with co-delinquents can be claimed by delinquent employee. Del. HC 188
- A muster roll employee is not entitled to regularization. Del. HC 184
- Non-cross-examination of Management witness would go against the workman. Del. HC 181
- Reduction of damages for delayed payment of provident fund dues proper if imposed without ascertaining the cause of delay. Guj. HC 198
- Levy of damages and interest for default in EPF dues not justified when the employer suffered continuous losses. Guj. HC 199
- Continuous posting at any fixed place is not justified. Mad. HC 195
- Burden of proof is on the person who pleads the same. Del. HC 204
- Stoppage of increments instead of dismissal is appropriate when confidence in workman is not lost. P&H HC 129
- Labour Court not empowered to grant interim injunction. Del. HC 115
- Unless perverse, an award not to be interfered. Mad. HC 127
- Standing Orders will not be applicable if not in the knowledge of the workman. Del. HC 118
- A belated application under section 33(2) (b) of ID Act is not tenable. Guj. HC 139
- Interest on compensation will be calculated from date of accident. Karn. HC 153
- Re-appreciation of evidence not permissible under Article 227. MP HC 134
- Safety and congenial working conditions are to be provided to female employee. Guj. HC 146
- Unauthorised absence from duty is a serious misconduct. Del. HC 121
- Enquiry conducted after delay of 23 years is to be quashed. Mad. HC 125
- Industrial disputes are adjudicated on the basis of preponderance of probability. Del. HC 190
- Adjudicator can set aside enquiry when based on no evidence or contrary to the principles of natural justice. Del. HC 188
- An enquiry will be proper, when principles of natural justice are complied. Del. HC 188
- Opinion of Handwriting Expert when corroborated by reasoning can be discarded for want of his training certificate. Del. HC 181
- Discretionary power under Provident Fund Act has to be exercised in a sound and objective manner. Guj. HC 198
- Errors by inferior courts or tribunals can be corrected by the High Court. Del. HC 204
- Writ Court will not consider documents produced for the first time. Del. HC 208
- Issuance of notice proposing to retrench workmen is not legal. Karn. HC 164
- Dismissal becomes inoperative when its approval is declined. Mad. HC 154
- Labour Court has exercise powers under S.11-A judiciously. Guj. HC 174
- Reduction of punishment for not issuing tickets despite receiving the fare is not proper. Guj. HC 174
- ‘No work, no pay' principle is not rigid. Gau. HC 176
- Arrears of EPF dues not recoverable from bonafide auction purchaser. MP HC 156
- Hard earned money towards P.F. contributions can't be waived off due to deficiency of the EPFO in recovering the same. MP HC 156
- Compensation can't be denied merely because deceased employee reached the workplace earlier. Chha. HC 170
