HR News

Recent Important Labour Judgments : From the Court Room

1. Industrial dispute raised after 13 years is liable to be dismissed at the threshold since old records for such a long time are not expected to be available with the employer, particularly in Government Departments. Navratan vs. Judge, Labour Court No.2, Jaipur and Others. 2017 (153) FLR 309 (Raj. H.C.)

2. To ascertain whether the appointment of contractor for supply of man-power is merely sham, nominal and a direct relationship of employer-employee exists in between principal employer and the workmen, the major tests are (i) if the workers labour to produce goods or services for the principal employer, (ii) if the principal employer has control over the workers' subsistence, skill and continued employment, (iii) if the principal employer, for any reason, chokes off, the workers are virtually laid off, (iv) if the livelihood of the workers substantially depends on labour rendered for the benefit of the principal employer and the absence of direct relationship or the presence of intermediaries or the make-believe trappings of detachment from the principal employer cannot snap the real-life bond. Central Leather Research Institute vs. Lipika Mondal and Others. 2017 (153) FLR 336 (Cal. H.C.)

3. When the enquiry finding conducted by the management is not challenged, it would be construed that the enquiry is fair and proper. Canara Bank vs. Union of India & Ors. 2017 LLR 680 (Delhi H.C.)

4. Interest on the amount of compensation shall become due on completion of one month from the date of adjudication i.e. the date the judgment is announced. M/s. New India Assurance Co. Ltd vs. Smt. Anupama Singha and Another. 2017 (153) FLR 708 (Gau. H.C.)

5. When the employer-employee relationship and accident stands proved on the basis of evidence, the dependents of the deceased employee who died due to accident which took place during the course of employment, would be entitled to compensation under the workmen's/Employees' Compensation Act, 1923, to the paid by the insurer of employer-insured or by the employer itself. Oriental Insurance Company Ltd. and Another vs. Smt. Mudavath Chitti and Others. 2017 (153) FLR 238  (Hyderabad H.C.)

6. During pendency of appeal challenging damages, coercive steps should be awarded by EPF Authority for recovery of dues, damages and interest. A.R. A.S. Auto Private Limited, Madural vs. Regional Provident Fund Commissioner, Medural & Ors. 2017 LLR 758 (Mad. H.C.)

7. In the case of sick Textile Mills, only the Central Government is having power to function as  Controlling Authority under the Payment of Gratuity Act, 1972 as per Section 3 of the Act. General Manager. Cannannore Spinning and Weaving Mills (A Unit of NC (APLL&M) Ltd., Mahe vs. Controlling Authority under Payment of Gratuity Act and Another. 2017 (153) FLR 294 (Mad. H.C.)