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5th Edition 2018 Vol: I

Digest of Cases

A. A. Champika Jayasinghe

EFC Member : Rs.5000.00
Non EFC Member : Rs.5750.00

SKU: P0034 Category:

EFC Member : Rs.5000.00
Non EFC Member : Rs.5750.00

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Description :

This Digest was first published in 2000 and, thereafter, it was updated and published on four occasions previously. The current revised publication contains a total number of 1500 cases related to labour law.



Content :

  1. ABANDONMENT OF EMPLOYMENT.
  2. ABSENCE OF APPELLANT
  3. ABSENCE OF EMPLOYEE OF TRADE UNION
  4. ABSENCE OF RESPONDENT
  5. ABSENTEEISM
  6. ABUSE OF SUPERIOR OR FELLOW WORKMAN
  7. ACCIDENT ARISING OUT OF EMPLOYMENT
  8. ADDITION OF RESPONDENTS
  9. AFFIDAVITS
  10. AGENT (EMPLOYER AS PRINCIPAL, TRADE UNION AS PRINCIPAL)
  11. AGREEMENTS
  12. ALLOWANCES
  13. AMENDMENTS OF APPLICATIONS AT THE STAGE OF APPEAL TO THE SUPREME COURT
  14. AMENDMENTS OF PLEADINGS IN LABOUR TRIBUNALS
  15. APPEALS
    1. (a) Amendments of Pleadings at the Stage of Appeal to the Supreme Court
    2. (b) Appealable Period
    3. (c) Appeals and Applications for Certiorari (Difference)
    4. (d) Is the Appeal defective for ant of Separate Appeals?
    5. (e) Burden of Proof
    6. (f) Death of Workman Pending Appeal
    7. (g) Deposit of Security
    8. (h) Error in filing Appeal/Rectification
    9. (j) Hearing and Disposal
    10. (k) Jurisdiction of Court of Appeal over Labour Tribunal Orders
    11. (l) Parties to the Appeal
    12. (m) Questions of Law and Questions of Facts (Appeal to the Court of Appeal on questions of Law arising out of the order of a Labour Tribunal)
    13. (n) Revisionary Power
    14. (o) Rules 7, 28, 46 and 50 of the Supreme Court Rules – (Filing of Appeal)
    15. (p) Supreme Court Rules
    16. (q) Validity of a Proxy
  16. APPLICATIONS TO LABOUR TRIBUNALS
  17. APPRENTICESHIP
  18. ARBITRARY ACTIONS BY THE EMPLOYER
  19. ARBITRATION
    1. a) Alleged bias of the Arbitrator appointed by the Minister
    2. b) Appointment of Arbitrators
    3. c) Arbitration Awards – (Publication of Awards, date on which it comes into force, its Duration, Repudiation of Awards and Validity of Awards, to quash a part of the Award Effect of an Award of an Industrial Court, Effect of an Award of an Arbitrator and section 20(2)(a) of the Industrial Disputes Act)
    4. d) Duties and Powers of Arbitrators (Jurisdiction of Arbitrators)
    5. e) Reference to Arbitration – (Cancellation or Revocation of a Reference/Re-reference of a Dispute/Composite References/Amendment & Correction of References)
    6. f) Reference to Arbitration Under Co-operative Law
  20. ARREARS OF SALARY
  21. ASSAULT
  22. AWARDS
  23. BACK WAGES, BALANCE WAGES AND ARREARS OF SALARY
  24. BONUS (EX GRATIA PAYMENT)
  25. BURDEN OF PROOF AND THE DEGREES OF PROOF
  26. BUSINESS UNDERTAKINGS (ACQUISITION) – Liability of the Undertaking
  27. CASUAL EMPLOYMENT
  28. CATEGORY OF STAFF – Technical Officer
  29. CHANGE OF EMPLOYER OR MANAGEMENT POSITION OF WORKMEN
  30. CHARGE SHEETS
  31. CHECK OFF
  32. CLOSURE OF BUSINESS
  33. COLLECTIVE AGREEMENTS
  34. COMPENSATION
  35. CONCILIATION OFFICER, ROLE OF
  36. CONDUCT – STANDARDS OF
  37. CONFIRMATION IN SERVICE
  38. CONSTRUCTIVE TERMINATION & REPUDIATION OF CONTRACT OF EMPLOYMENT
  39. CONTRACTS OF EMPLOYMENT
  40. CO-OWNER
  41. CORPORATIONS (PUBLIC)
  42. DAMAGES
  43. DEATH OF EMPLOYER BEFORE OR PENDING PROCEEDINGS
  44. DEATH OF WORKMAN BEFORE OR PENDING PROCEEDINGS
  45. DEMOTION OR REDUCTION IN RANK
  46. DIRECTOR OF A COMPANY
  47. DISCIPLINARY PROCEDURE, DISCIPLINARY PROCEEDINGS
  48. DISCIPLINE
  49. DISCRIMINATION
  50. DISMISSAL
  51. DISHONESTY
  52. DISMISSAL DUE TO SHORTFALL IN PRODUCTION
  53. DISOBEDIENCE
  54. DISSOLUTION – LIABILITIES – Liability of the Liquidator
  55. DOMESTIC INQUIRY
  56. DOMESTIC SERVANTS
  57. DOUBLE PAY
  58. DOUBLE JEOPARDY (nemo debet bis vexari pro una eadem causa)
  59. DRUNKENNESS
  60. EARNINGS
  61. EFFECT OF CRIMINAL PROCEEDINGS ON DISCIPLINARY ACTION (Section 40 of the Industrial Disputes Act)
  62. EMPLOYEES’ PROVIDENT FUND ACT
  63. EMPLOYEES’ TRUST FUND ACT
  64. EMPLOYER, EMPLOYEE & INDEPENDENT CONTRACTOR (DEFINITION)
  65. EMPLOYERS’ RIGHTS & OBLIGATIONS
  66. EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
  67. EQUAL PAY FOR EQUAL WORK
  68. ERROR OF LAW
  69. ESSENTIAL SERVICES ORDERS
  70. ESTATE LABOUR (INDIAN) ORDINANCE
  71.  EVIDENCE IN LABOUR TRIBUNALS
  72. EX-PARTE INQUIRY – (EX-PARTE HEARING & EX-PARTE ORDERS)
  73. EXPLANATION
  74. EXTENSION OF PERIOD OF PROBATION
  75. EXTENSION OF SERVICES
  76. FAILURE TO GIVE REASONS
  77. FAILURE TO COMPLY WITH THE LABOUR TRIBUNAL ORDERS – PROSECUTION IN THE MAGISTRATE’S COURT
  78. FALSE ALLEGATIONS AGAINST SUPERIORS
  79.  FIXED TERM CONTRACTS
  80.  FREEDOM OF ASSOCIATION
  81. FRUSTRATION OF CONTRACT AND IMPOSSIBILITY OF PERFORMANCE
  82.  FUNDAMENTAL RIGHTS
  83.  GO-SLOW
  84.  GRATUITY
  85.  HOLIDAYS ACT
  86.  ILLEGAL CONTRACT OF EMPLOYMENT
  87.  INCOMPETENCE
  88. INDUSTRIAL DISPUTES ACT & REGULATIONS
  89.  INDUSTRIAL DISPUTES – TRADE DISPUTES – (DEFINITION)
  90. INEFFICIENCY
  91. INSUBORDINATION
  92.  JOINT RESPONSIBILITY
  93.  JURISDICTION OF ARBITRATORS
  94.  JURISDICTION OF COMMISSIONER OF LABOUR – In regard to Industrial Disputes
  95.  JURISDICTION OF COURT OF APPEAL – Over Labour Tribunal Orders
  96.  JURISDICTION OF HIGH COURT – OVER LABOUR TRIBUNAL ORDERS
  97.  JURISDICTION OF INDUSTRIAL COURTS
  98.  JURISDICTION OF JUDICIAL SERVICES COMMISSION
  99.  JURISDICTION OF LABOUR TRIBUNALS
  100.  JURISDICTION OF SUPREME COURT – Over Labour Tribunal Orders
  101.  JUST AND EQUITABLE CONCEPT
  102.  LABOUR TRIBUNALS
    1. a) Amendments of Pleadings in the Labour Tribunals
    2. b) Appeal to the Court of Appeal on questions of law arising out of the Order of a Labour Tribunal
    3. c) Application, Withdrawal of
    4. d) Application to Labour Tribunals (Section 31 B)
    5. e) Appointment of Labour Tribunal Presidents (Establishment & Constitution of Labour Tribunals, Are they Judicial Officers?)
    6. f) Duty of the Labour Tribunal/Jurisdiction of Labour Tribunals
    7. g) Failure to comply with a Labour Tribunal Order (OFFENCES)
    8. h) Findings by Labour Tribunal against a workman on a matter not part of the charge sheet served on him
    9. i) Labour Tribunal Orders
    10. j) Proceedings in Labour Tribunals
    11. k) Proceedings under any other Law – Section 31B(3)
    12. l) Proper Party not before the Labour Tribunal
    13. m) Regulation 33
    14. n) Time Limit for Application to a Labour Tribunal
  103. LABOUR (DEFINITION)
  104. LAND REFORM LAW
  105.  LANGUAGE OF COURTS
  106. LAWS DELAY
  107. LEAVE
  108. LEGAL REMEDY
  109.  LEGALLY DUE
  110. LOCK-OUTS
  111.  LOSS OF CONFIDENCE
  112.  MALA FIDES OF EMPLOYER
  113.  MASTER AND SERVANT
  114.  MEDICAL CERTIFICATES
  115.  MINISTER OF LABOUR – POWERS In regard to Industrial Disputes
  116.  MISCELLANEOUS GROUNDS OF TERMINATION (MISCONDUCT)
  117.  MISCONDUCT OUTSIDE WORKPLACE AND WORKING HOURS
  118. MORAL TURPITUDE
  119.  NATURAL JUSTICE (audi alteram partem)
  120.  NATURAL OR LEGAL PERSON
  121.  NEGLIGENCE & INCOMPETENCE
  122.  NON-RECURRING COST OF LIVING GRATUITY (NRCLG)
  123.  NON-EMPLOYMENT
  124.  NOTICE AND PAYMENT IN LIEU OF NOTICE
  125.  OFFENCES – Under Industrial Disputes Act
  126.  OVERTIME
  127.  PENSION
  128.  PRELIMINARY OBJECTIONS
  129.  PREVIOUS CONDUCT AND SUBSEQUENT CONDUCT OF THE EMPLOYEE
  130.  PROBATION
  131. PROMOTIONS
  132.  PROOF
  133.  PROXY
  134.  PUBLIC SERVICE – (Section 49 of the Industrial Disputes Act not to apply to the State or Government or to Employees of State or the Government)
  135.  PUNISHMENTS
  136.  QUESTIONS OF LAW AND QUESTION OF FACTS
  137.  REASONABLE EXPECTATION OF FUTURE EMPLOYMENT
  138.  REASONS FOR ORDERS
  139.  RECRUITMENTS
  140.  RE-EMPLOYMENT
  141.  RELIEF AND REDRESS
  142.  RES JUDICATA
  143.  RESIGNATION
  144.  RETIREMENT
  145.  RETRENCHMENT
  146.  REVERSION OF THE WORKMAN’S POST TO HIS ORIGINAL POST
  147.  RIGHT TO RESIGN FROM EMPLOYMENT WHILST DISCIPLINARY INQUIRY PENDING
  148.  RIGHT TO RE-STRUCTURE ORGANIZATION
  149.  SEASONAL CONTRACTS OF EMPLOYMENT
  150.  SERVICE OF NOTICE TO A PARTY
  151.  SETTLEMENT
  152.  SHOP & OFFICE EMPLOYEES’ ACT
  153.  STANDARD OF PROOF & QUANTUM OF PROOF
  154.  STRIKES
  155.  SUBSTITUTION OF PARTIES
  156. SUMMONS
  157. SUSPENSION
  158.  TEMPORARY WORKMAN
  159.  TERMINATION OF EMPLOYMENT
  160.  TERMINATION OF EMPLOYMENT OF WORKMEN (SPECIAL PROVISIONS) ACT
  161. THEFT AND MISAPPROPRIATION
  162. TIME LIMIT
  163. TRADE UNIONS
  164.  TRANSFER
  165.  THE DOCTRINE OF UBERRIMAE FIDES
  166.  UNFAIR LABOUR PRACTICE
  167.  UNILATERAL VARIATION OF CONTRACTS
  168.  UNJUST DISMISSAL
  169.  UNLAWFUL AND UNAUTHORIZED MEETING INSIDE THE COMPANY PREMISES
  170. UNSATISFACTORY WORK
  171.  VACATION OF POST
  172.  VALIDITY OF APPOINTMENTS – INDUSTRIAL COURTS
  173.  VIOLENCE AND EQUITY IN EMPLOYMENT
  174.  WAGES BOARDS ORDINANCE
  175. WARNING LETTERS
  176.  WIDOW OR LEGAL REPRESENTATIVE
  177.  WORK TO RULE
  178.  WORKMEN’S COMPENSATION ORDINANCE
  179.  WRITS

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