Professional Documents
Culture Documents
Supervisors Not Entitled To Overtime For Additional Work
Supervisors Not Entitled To Overtime For Additional Work
Supervisors Not Entitled To Overtime For Additional Work
Mar'19 For filing complaint under Factories Act, period for seeking permission is excluded
Aug'19 A person can be tried for offence under Factories Act and also Indian Penal Code.
Nov'19 Prosecution of employer untenable when the workman met an accident because of his own
negligence
Nov'19 Prosecution for violation of Factories Act without considering a reply to show notice is liable to be
quashed
Jul'19
Striking workers will not prevent ingress and egress of willing workmen and material and to remain
200 meters away from factory.Police has to provide protection to employer to ensure ingress and
regress of man and material by strikers.
Jul'19
Reinstatement not appropriate when employer offered duty to workman in written statement.
Jul'19 Workman to prove to have worked for 240 days in 12 months.
Jul'19 Status of a ‘protected workman’ can be denied when he is facing enquiry or a criminal trial.
Aug'19 Sit-in protests inside the factory premises, beyond working hours, is criminal offence.Forcible entry
by workers inside the premises of a factory is offence of trespass.Police protection can be provided
to employer for free ingress and egress of men and material.Police help is to be provided to
employer if employees fails leave the factory premises.
Aug'19
Hooliganism can’t be allowed to disturb industrial peace in the name of peaceful demonstration.
Right to demonstration by the workers is subject to reasonable restrictions.
Sep'19 Government can’t refuse to refer a dispute saying that complainant is not a ‘workman’.
Sep'19 Auto Industry can’t be declared public utility service under Industrial Disputes Act.
Oct'19 Service of notice incomplete if postal endorsement states ‘no such person’ residing.
Oct'19
Nature of duties, not designation or salary, is relevant to determine if an employee is a ‘workman’.
Oct'19 Termination violative of section 33(2)(b) of Industrial Disputes Act will be illegal.
Nov'19 Compensation, in lieu of restatement, depends upon the length of service, wages, and age of
workman.
Nov'19 Conciliation Officer under ID Act has limited powers for settlement of a dispute.
Nov'19 Labour Court is no longer functus officio even after publication of award
LLR Ref HC/SC Petitioner
136 Gujarat Automotive Stamping and Assembly Ltd.
The Labour Court, Tirunelveli and Another W.A. (MD) No. 62/2019 & CMP (MD)
No.361/2019, Dt/–6-2-2019
The General Secretary, TE Connectivity Staff W.P. Nos. 40962-40963/2018 (L-RES), Dt/–14-3-
Association (TECSA) And Another 2019
State of U.P. and 3 Others
W.C. No. 37298/2018, Dt/–15-3-2019
Managing Director, Tamil Nadu Newsprint and W.P. (MD) No. 21376/2018, Dt/–12-10-2018
Papers Limited, Chennai and Another
The Management of SNY Autotech Pvt. Limited W.A. No. 497/2019 and C.M.P. No. 4341/2019,
Dt/–6-3-2019
Assistant Labour Commissioner, Bangaluru and W.A. No. 3216/2018 (L-RES), Dt/–1-2-2019
Another
The Superintendent of Police and Others W.P. No. 14546) /2019 and WMP No.
14530/2019,
Commissioner of Labour, Chennai and Others W.A. Nos. 100 & 101/2017, Dt/–19-6-2019
Assistant Labour Commissioner W.P. No. 961/2015 and M.P. Nos. 1 & 2/2015,
Dt/–16-9-2019
P.O., Indusrial Tribunal (1) U.P., Allahabad and C.M. W.P. No. 66284/2010 Dt/–15-5-2019
Others
Month Short Recital of Case
Jan'19 A show cause notice can be a substitute for charge sheet
Nov'19 It is for the employer to prove that the workman has abandoned the job.
Nov'19 Disciplinary Authority is not bound by a criminal court judgment. Acquittal in Criminal Court does
not preclude departmental inquiry against delinquent
Nov'19 An employer not to hold an enquiry in misconduct resulting in ‘loss of confidence’.
LLR Ref HC/SC Petitioner
29 Gauhati Management of Hindustan Paper Corporation
Ltd.
1209 P&H Max Flow Pumps India (P) Ltd.
Feb'19 25 per cent of the total material cost will be treated as labour expenditure for attracting EPF
contributions.
Feb'19 Non-withdrawal of money from EPF for 36 months would justify its transfer to inoperative
account.
Feb'19
No demand for EPF contributions for disputed allowances till final decision of the Supreme Court.
Mar'19 No recovery for EPF contributions tenable in absence of identification of beneficiaries.
Mar'19 Belated determination by EPF authority mandates for identification of beneficiaries. Assessment of
EPF dues under section 7-A without identification of beneficiaries is not sustainable.
May'19
Supreme Court clears the path for pension to rise manifold for employees in all firms.Capping of
salary at Rs.15,000 for quantifying pension is absolutely unrealistic. For quantification of pension
12 months instead of 60 month pay would be relevant.
May'19 There is no limit for upper age for coverage of an employee under the Act.
Jun'19 Condonation beyond prescribed period of limitation can be allowed by the High Court
Jul'19
Employee can avail higher pension even after receiving the EPF on depositing back with interest.
Jul'19
Failure to pay EPF contribution of employees of contractor untenable if such objections not taken
initially by principal employer.Once the principal employer signs the list of employees of
contractors, he cannot say beneficiaries were not identified.
Jul'19 High Court can also waive or reduce the pre-deposit necessary for admission of appeal before
Tribunal
Aug'19 On attaining 58 years after 20 years service, a member is entitled to weightage of two years for
pension. Word ‘month’ is not used in the Employees’ Pension Scheme.
Aug'19
Employees can exercise their option in terms of Proviso to Clause 11(3) of Pension Scheme.
Employees are entitled to enhanced pension of their contributions with reference to actual salary.
Sep'19 Workers stitching garments from home are covered under the EPF Act. Work at home staffs also
get provident fund.
Sep'19 Employees’ Pension Scheme, 1995 reflects the formula for calculation of past service. Last service
and past service pensionable are two different terms.
Nov'19 EPF dues of defaulting employer are recoverable from the third party if it holds money of
defaulting employer.
Nov'19 Section 14-B of the Act does not mandate that damages must follow in every default
Nov'19 Cut-off date for higher pension prescribed as 01.12.2004 is invalid. Employees of exempted
establishments are also entitled to the enhanced pension.
Nov'19 Director is not employer/owner within meaning of section 405 of the Penal Code.
LLR Ref HC/SC Petitioner Respondent
81 Bombay Central Board of Trustees, E.P.F. M/s. Shakambari Ginning and
Organisation, New Delhi and Pressing Factory, Akola and Another
Another
108 Kerala The Regional Provident Fund Sree Uthradam Thirunal Hospital &
Commissioner, Thiruvanathapuram Another
203 Madras Updater Services Pvt. Ltd. Regional Assistant Provident Fund
Commissioner
333 Bombay Kaushik K. Chatterjee Engineers & Assistant Provident Fund
Contractors Commissioner, Nagpur
346 Delhi Central Board of Trustees M/s. Standing Conference of Public
Enterprises (Scope)
337 Madras M/s. Topline Associates The Assistant Provident Fund
Commissioner
461 Madras Krishnan (Died) and Others The Employees Provident Fund
Appellate Tribunal, New Delhi
558 Kerala Sasikumar Union of India and Others
810 Karnataka M/s. Metcut Toolings (P) Ltd. The Regional Provident Fund
Commissioner-I
931 Bombay Shri Vikram The Commissioner, Employees
Provident Fund Organisation & Anr.
Jul'19 Compensation not payable when accident took place outside factory during lunch hours.
Nov'19 Death due to stress and strain of work will be treated as an ‘accident’ for compensation
LLR Ref HC/SC Petitioner
122 SC Tebha Bai (Smt.) & Ors.
724 Madras
1232 Madras Kannammal and Others
Respondent Case Reference
Raj Kumar Keshwani & Ors. CAJCA No. 6214/2018 (Arising out of
SLP(C) No.23559/2017, Dt/–9-7-2018
Feb'19 Gratuity of an employee can be forfeited only when his service is terminated for prescribed
misconduct.
Nov'19 Termination of service of a workman would be illegal if based on a criminal case. (Continous
Service - Based on Sec 25B of ID Act)
LLR Ref HC/SC Petitioner
65 Chatt Steel Authority of India Ltd., Bhilai Steel Plant,
Bhilai through the Managing Director
M/s. Taj Sats Air Caterers Ltd. & W.P. No. 1967/2015, Dt/–15-1-2019
Anr.
Ispat Khadan Janta Mazdoor Union C.A. Nos. 8081-8-82/2011, Dt/–5-7-2019
Month Short Recital of Case
Jan'19 Maternity benefit can’t be denied on third delivery.
Mar'19 Maternity benefit also available to a female employee engaged through contractor.
Sep'19 Maternity Benefit Act applies to contractual employees also.
LLR Ref HC/SC Petitioner
57 Uttr Smt. Urmila Masih
262 Kerala Jeslin Jose
1003 Bombay Archana
Respondent Case Reference
State of Uttarakhand and Another W.P. (C) No. 1778/2015, Dt/–30-7-2018
Cochin Port Trust W.P. (C) No. 31817/2018, Dt/–3-10-2018
State of Maharashtra and Another W.P. No. 3491/2018, Dt/–19-10-2018
Month Short Recital of Case
Feb'19 Bonus can’t be claimed in writ petition in view of prescribed forum under the Bonus Act.
LLR Ref HC/SC Petitioner
161 HP Mohan Lal
Respondent Case Reference
Union of India and Others CWP No. 97/2019, Dt/–9-1-2019
Month Short Recital of Case
LLR Ref HC/SC Petitioner Respondent
Case Reference
Month Short Recital of Case
LLR Ref HC/SC Petitioner
Respondent Case Reference