Category: Labour Cases

Employees Provident Fund And Miscellaneous Provisions Act, 1952 – Section 14B – Power to recover damages – Held, any default or delay in the payment of EPF contribution by the employer under the Act is a sine qua non for imposition of levy of damages under Section 14B of the Act 1952 and mens rea or actus reus is not an essential element for imposing penalty/damages for breach of civil obligations/liabilities.

SUPREME COURT OF INDIA DIVISION BENCH HORTICULTURE EXPERIMENT STATION GONIKOPPAL, COORG — Appellant Vs. THE REGIONAL PROVIDENT FUND ORGANIZATION — Respondent ( Before : Ajay Rastogi and Abhay S. Oka,…

ESI – Doctor has clearly stated that the appellant has suffered from functional loss of 100% of the right upper limb – Commissioner for Workmen’s Compensation was right in holding that the disability of the appellant will have to be treated as 100% disability – High Court committed an error holding that the disability ought to have been assessed as 70% partial permanent disability instead of 100% – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH ARJUN S/O. RAMANNA @ RAMU — Appellant Vs. IFFCO TOKIO GENERAL INSURANCE CO. LIMITED AND ANOTHER — Respondent ( Before : Ajay Rastogi and…

Industrial Disputes Act, 1947 – Section 11A – Dismissal form service – Misconduct – Looking into seriousness of the nature of allegations levelled against the employee, the punishment of dismissal inflicted upon him in no manner could be said to be shockingly disproportionate which would have required to be interfered with by the Tribunal in exercise of its power under Section 11A of the Act 1947

SUPREME COURT OF INDIA DIVISION BENCH UNITED BANK OF INDIA — Appellant Vs. BACHAN PRASAD LALL — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil…

HELD the question as to whether the workmen engaged by the contractors would be entitled to pay at par with other workmen of the employer and demand to that effect was raised with the appellants only. Thus, the settlement of 19th September, 2016, in which the employers were the contractors cannot bind the subject-dispute, where the appellants have been found to be the employer on the basis of materials considered by the High Court. Their engagement by the contractors cannot be the sole basis for determining their status as workmen of contractors.

SUPREME COURT OF INDIA DIVISION BENCH M/S. OIL AND NATURAL GAS CORPORATION LIMITED — Appellant Vs. THE PRESIDENT, OIL FIELD EMPLOYEES ASSOCIATION AND OTHERS — Respondent ( Before : L.…

Termination – Reinstatement and back wages – Termination of the workman in breach of Sections 25-F and 25-G of the Industrial Disputes Act- When the appointment was purely on contractual basis and on a fixed salary/honorarium of Rs.500/- per month, the order of reinstatement with back wages was not warranted and instead if the lumpsum compensation is awarded in lieu of reinstatement and back wages as observed hereinabove, it will meet the ends of justice

SUPREME COURT OF INDIA DIVISION BENCH DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION — Appellant Vs. KALAWATI PANDURANG FULZELE — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Casual Labourers (Grant of Temporary Status and Regularization) Scheme of the Department of Telecommunications, 1989 – Clause 5(i) – Casual workers – Temporary Status and Regularization – Respondent has completed maximum 38 days in 12 calendar months during 1.1.1995 to 31.12.1995 and as such the applicant is not entitled to grant of temporary status as per the provisions of the Scheme

SUPREME COURT OF INDIA DIVISION BENCH BHARAT SANCHAR NIGAM LIMITED — Appellant Vs. SRI DEO KUMAR RAI @ DEO KUMAR RAY — Respondent ( Before : R. Subhash Reddy and…

Industrial Disputes Act, 1947 – Section 25F – Termination – Claim benefit under Section 25F- Nature of service rendered by the appellants as daily wager for a short period, while upholding the termination of the appellants being in violation of Section 25F of the Act 1947 – It just and reasonable to award a lumpsum monetary compensation of Rs.2,50,000/- to each of the appellants-workmen in full and final satisfaction of the dispute in lieu of right to claim reinstatement with 50% back wages as awarded by the Tribunal.

SUPREME COURT OF INDIA DIVISION BENCH K.V. ANIL MITHRA AND ANOTHER — Appellant Vs. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay…

Industrial Disputes Act, 1947 – Section 9A – Transferring the respective workman from Dewas to Chopanki, which is at about 900 Kms. away is in violation of Section 9A read with Fourth Schedule of the Industrial Disputes Act and is arbitrary, mala fide and victimization – By such transfer, their status as “workman” would be changed to that of “supervisor” – By such a change after their transfer to Chopanki and after they work as supervisor they will be deprived of the beneficial provisions of the Industrial Disputes Act and, therefore, the nature of service conditions/service would be changed.

SUPREME COURT OF INDIA DIVISION BENCH CAPARO ENGINEERING INDIA LIMITED — Appellant Vs. UMMED SINGH LODHI AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. )…

You missed