HR News

Recent Important Labour Judgments

1. Reference of industrial dispute raised by union in respect of contract labour for permanency against principal employer is maintainable when such demand was raised before conciliation during subsistence of employment contract. M/s. Prabha Engineering Pvt. Ltd. vs. Sarva Mazdoor Sangh & Ors. 2018 LLR 828 (Bom. H.C.)

2. Labour Court/Industrial Tribunal have powers to set aside the ex-parte award even after publication of such award. Court can entertain such application. Haryana Suraj Malting Ltd. vs. Phool Chand. 2018 LLR 815 (S.C.)

3. An enquiry is not fair and proper if the material witness has not been examined nor any cogent reason to support charge of misappropriation is recorded thereto. The Management of Syndicate Bank vs. Sri S.S. Deshpande. 2018 LLR 866 (Kar. H.C.)

4. An establishment consisting of different departments or has branches, whether situated in the same place or in different places, all such departments or branches shall be treated as parts of the same establishment for coverage under the EPF Act. Yeshwant Gramin Shikshan Sansthan Sanstha vs. Assistant Provident Fund Commissioner and Others. 2018 LLR 922 (S.C.)

5. When directors and M.D. of limited company getting monthly remuneration working under control and supervision of board, director would be "Employee" under ESI Act. Employees State Insurance Corporation vs. M/s. A.V. Auto Industries (P) Ltd. 2018 LLR 835 (P&H H.C.)