Industrial Disputes Act

Workman terminated by contractor cannot move against the Principal Employer

HPCL v. The PO 1^st 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	View File
Contractor employees to be counted for coverage of an establishment under ESI Act	View File
Conveyance allowance is not part of wages for ESI contributions	View File
Employees covered under ESI Act will remain ‘insured person’ irrespective of default in payment of ESI contributions.	View File
ESI Contributions are payable even if the employees had not received any benefit	View File

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Charge-Sheet meaning under Indian Labour Laws	View File
Complaint of forced resignation after a month will be an afterthought	View File
Mere remittance of EPF dues does not create any ‘employer-employee’ relationship	View File
Reduction of Wages of Workmen is not Permissible	View File
Sit-in Protests inside the Factory Premises, beyond Working Hours, is Criminal Offence	View File
Workman terminated by contractor cannot move against the Principal Employer	View File
Probationer who Worked more than 240 Termination does not fall under Retrenchment	View File
Fixed Term Employee cannot Claim Employment as a Matter of Right	View File
Termination for Defaming Company on Social Media – Valid	View File
Conflict between the standing orders and appointment order – standing orders shall prevail	View File
The Industrial Employment (Standing Orders) Act is not applicable to establishments registered under the Shops and Establishments Act.	View File
‘Go Slow’ is a serious misconduct if workers remain present without doing work’	View File
Retrenchment and Closure are Different terms having Different Provisions	View File
Disciplinary Authority while Imposing Punishment, Cannot Discriminate between two Employees Guilty of Similar Charges	View File
Violent Strike Justifies Immediate Termination Without Enquiry	View File
Appointment Letter cannot be Disregarded only because of Absence of Employee Signature & Appointing Authority has the Power to Terminate the Services of a Probationer	View File