2025 LLR WEB 521 (CHHATTISGARH HIGH COURT) In case of misconduct or indiscipline proven, but there are technical defects in termination, compensation may be awarded instead of reinstatement. INDUSTRIAL DISPUTES ACT, 1947 / JUDICIAL REVIEW & LABOUR REMEDIES - Full Bench reference

No reinstatement when the workman suppressed the true factual position. M/s. Hotel Ratanmahal v. Mr. Shivaji Chandrakant Sonawane & Anr., 2025 LLR 289 (Bom. HC)

Labour Court cannot go into the question of 'workman' in its jurisdiction under section 33C(2) of the ID Act. Haryana State Minor Irrigation & Tube Wells Corporation Ltd & Anr. v. The Presiding Officer, Labour Court-Cum-Industrial Tribunal U.T. Chandigarh & Anr., 2025 LLR 253

Employee cannot challenge enquiry on grounds of natural justice when he did not lead evidence. The General Manager Personnel, Syndicate Bank & Ors. v. B S N Prasad, 2025 LLR 237 (SC)

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Termination of workman at the end of a specific project, for which he was employed, is not retrenchment. National Council of Educational Research and Training v. Kundan, 2025 LLR 763 (Del. HC)

Working under different branches cannot be taken into consideration for determining continuous service. The Regional Manager, Bank of Baroda v. The Presiding Officer, Central Industrial Tribunal, Rajasthan, Jaipur and Anr., 2025 LLR 749 (Raj. HC)

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Gratuity cannot be forfeited merely because the employee was looking for a job with the rival company. M/s. Xpro India Limited v. The State of West Bengal & Ors., 2025 LLR 1115 (Cal. HC)

Facing language problems is not a ground for setting aside of transfer order. Bharat Electronics Limited v. Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court-2 & Ors., 2025 LLR 1100 (P&H HC)

A simple discharge of a non-workman under the terms of the appointment letter is not ‘retrenchment’. Nileshkumar Chimanbhai Padhiyar v. Elecon Engineering Co. Ltd., 2025 LLR 1079 (Guj. HC)

It is mandatory for employers to frame a policy for recruiting apprentices. G. Sakthivel & Ors v. Union of India & Ors., 2025 LLR 1104 (Mad. HC)

Clauses limiting jurisdiction to one section of Courts in employment contracts are valid. Rakesh Kumar Verma v. HDFC Bank Ltd., 2025 LLR 594 (SC)

Agent of the owner/occupier of the factory is also liable for violation of the provisions of the ESI Act. Ajay Raj Shetty v. Director and Anr., 2025 LLR 600 (SC)

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Labour Court cannot pass an interim order restraining employer from imposing punishment. Dagadu Vasant Mudgal v. Maharashtra State Road Transport Corporation, 2024 LLR 1229 (Bom. HC)

Offices of Chartered Accountants and Lawyers are not covered under the ambit of the ESI Act. Santosh Choudhary & Associates v. Employees’ State Insurance Corporation & Anr., 2024 LLR 1193 (Cal. HC)

Forfeiture of gratuity is illegal when no FIR was registered and allegations were not proved before Court. Punjab National Bank v. Sh. Niraj Gupta and Anr., 2024 LLR 1204 (Del. HC)