Industrial Disputes Act
Workman terminated by contractor cannot move against the Principal Employer
HPCL v. The PO 1st Addl. Labour Court Chennai [ Madras HC 2024 LLR 154]
When the workmen admitted that they were employed under the contractor, they were receiving salary from the contractor, their services were terminated by the contractor, can not claim employment from the principal employer.
For providing employer-employee relationship between principal employer and the workmen, it needs to be proved that they were employed by the principal employer, they were working under the supervision and control of the principal employer and they were paid salary and other service benefits by the principal employer.
Complaint of forced resignation after a month will be an afterthought
Lloyd Insulation (India) Ltd v. Dilip Kumar Singh [MP High Court 2024 LLR 9]
Contention of workman that he was forced to sign the resignation is not acceptable if he did not lodge complaint to Police after leaving the workplace having received the cheque in full and final settlement, immediately or within a day or two.
Complaint to police or management after about a month or so after encashment of cheque, that he was forced to sign resignation, will be of no use being after thought.
Mere remittance of EPF dues does not create any ‘employer-employee’ relationship
Ram Lal v. PO, Industrial Tribunal, Bathinda and others [Punjab & Haryana HC 2024 LLR 465]
Mere remittance of EPF dues by the management does not create any employer-employee relationship between the management and the workman. As per the provisions of the EPF Act responsibility and statutory obligation is of the principal employer to remit the PF contributions even in respect of contractor’s employees.
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Casual employees engaged for maintenance of guest house to be covered by ESI Act |
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Contractor employees to be counted for coverage of an establishment under
ESI Act |
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Conveyance allowance is not part of wages for ESI contributions |
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Employees covered under ESI Act will remain ‘insured person’ irrespective of
default in payment of ESI contributions. |
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ESI Contributions are payable even if the employees had not received any
benefit |
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Charge-Sheet meaning under Indian Labour Laws |
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Complaint of forced resignation after a month will be an afterthought
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Mere remittance of EPF dues does not create any ‘employer-employee’
relationship |
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Reduction of Wages of Workmen is not Permissible |
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Sit-in Protests inside the Factory Premises, beyond Working Hours, is Criminal
Offence
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Workman terminated by contractor cannot move against the Principal
Employer |
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Probationer who Worked more than 240 Termination does not fall under Retrenchment |
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Fixed Term Employee cannot Claim Employment as a Matter of Right |
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Termination for defaming company on social media – valid |
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Conflict between the standing orders and appointment order – standing orders shall prevail |
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The Industrial Employment (Standing Orders) Act is not applicable to establishments registered under the Shops and Establishments Act. |
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‘Go Slow’ is a serious misconduct if workers remain present without doing work' |
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Retrenchment and Closure are Different terms having Different Provisions |
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Disciplinary Authority while Imposing Punishment, Cannot Discriminate between two
Employees Guilty of Similar Charges |
