HR News

Recent Important Labour Judgments

1. Documentary evidence on the record that workmen were performing work of permanent nature since long under the direct supervision and control of the principal employer justifies the regularization as regular employees of the principal employer. Chennai Port Trust vs. The Chennai Port Trust Industrial Employees' Canteen Workers Welfare Association and Ors. 2018 LLR 612 (S.C.)

2. Charged employee is not entitled to reinstatement or getting waived off the quantum of punishment imposed upon him on the basis of departmental enquiry simply on the ground of his acquittal from criminal case on account of evidence. Mohan Kumar Singh vs. Chief Manager (HRD) Central Bank of India. 2018 LLR 595 (Pat. H.C.)

3. When employer offers employment to the workman during pendency of writ petition subject to final decision and workman does not agree to work, he is not entitled to interim relief under Section 17-B of I.D. Act. The Commissioner, Thiruvannamalai Municipality vs. C. Vijayabalan and Another. 2018 LLR 637 (Mad. H.C.)

4. If summons are not served upon authorized person or the employer, ex-parte award can be re-called. Application cannot be rejected on the ground that after passing award, the labour court becomes functus officio. M/s. Kurela Packaging Pvt. Ltd. vs. Presiding Officer, Labour Court-I, U.P., Kanpur And Another. 2018 LLR 586 (All. H.C.)

5. For claiming bonus under Section 33-C (2) of I.D. Act for the last 15 years, Labour Court has to provide sound reasons while condoning the delay, failing which order is liable to be set aside. Ahmedabad Advance Mills Ltd. vs. Rameshchandra D. Christian and Others. 2018 LLR 590 (Guj. H.C.)