IMPORTANT JUDGEMENTS for January 2009

IMPORTANT JUDGEMENTS

 Reinstatement with back-wages is no longer a normal rule even when the termination of a workman is held to be wrongful.
2009 LLR 1
SUPREME COURT OF INDIA

 Five times compensation is appropriate when wages are less than the prescribed minimum rates.
2009 LLR 100
PUNJAB AND HARYANA HIGH COURT

 Reinstatement with back-wages of a daily wager security guard is to be set aside.
2009 LLR 102
PUNJAB AND HARYANA HIGH COURT

 Last drawn wages to a workman will not be payable if he is getting adequate amount by way of pensionery benefits.
2009 LLR 104
RAJASTHAN HIGH COURT

 A writ petition to restrain employer from closing its establishment will not be entertained.
2009 LLR 106
PUNJAB AND HARYANA HIGH COURT

 Reinstatement with full back-wages of a peon appointed temporarily is utterly erroneous.
2009 LLR 12
ALLAHABAD HIGH COURT

 Award of the Labour Court holding the bus conductor not guilty of misconduct is not to be interfered.
2009 LLR 14
PUNJAB AND HARYANA HIGH COURT

 Insurance company liable for accident compensation but not for penalty on delayed payment.
2009 LLR 14
PUNJAB AND HARYANA HIGH COURT

 When retrenchment compensation was not paid, reinstatement will not be interfered.
2009 LLR 16
GUJARAT HIGH COURT

 ESI contributions not payable on freight, coolie, ironing, labour and conveyance expenses.
2009 LLR 17
MADRAS HIGH COURT

 ESI contributions payable on wages to temporary packers and machinery maintainer.
2009 LLR 17
MADRAS HIGH COURT

 No relief is to be given to a workman who stops coming for work on his own but alleges termination without an enquiry.
2009 LLR 2
BOMBAY HIGH COURT

 Rejection to refer a dispute by government not proper if facts are disputed and require adjudication.
2009 LLR 20
GUJARAT HIGH COURT

 Claim for overtime for working on Saturdays and Sundays is untenable when the claimants are governed by PEB regulations.
2009 LLR 22
SUPREME COURT OF INDIA

 Gratuity of a retired employee cannot be forfeited for retaining official accommodation.
2009 LLR 24
BOMBAY HIGH COURT

 Dismissal of a bus conductor for misappropriation of funds by using used tickets is not to be set aside.
2009 LLR 26
BOMBAY HIGH COURT

 Clubbing of two establishments for coverage under Provident Fund when copies of reports were furnished is right.
2009 LLR 28
BOMBAY HIGH COURT

 An enquiry will not be improper when delinquent did not raise any objection on proceedings recorded in English.
2009 LLR 30
BOMBAY HIGH COURT

 An ex-parte enquiry will be justified when, despite repeated letters, the employee did not participate.
2009 LLR 33
BOMBAY HIGH COURT

 Dismissal of an employee for assaulting a senior officer in the factory will be justified.
2009 LLR 33
BOMBAY HIGH COURT

 Unsupported allegation of sexual harassment is not a proper defense for assaulting the superior.
2009 LLR 33
BOMBAY HIGH COURT

 Dismissal of an employee without enquiry is liable to be set aside.
2009 LLR 38
ANDHRA PRADESH HIGH COURT

 Bonus can be claimed under Payment of Bonus Act in Labour Court.
2009 LLR 40
MADHYA PRADESH HIGH COURT

 An employer can''t escape liability from compensation on death of a loader stating that the payment was to be made by consignor.
2009 LLR 40
KARNATAKA HIGH COURT

 A dharamshala, providing free accommodation to pilgrims will be an ''industry''.
2009 LLR 41
ALLAHABAD HIGH COURT

 A stale dispute in the absence of explanation for delay can be rejected for reference.
2009 LLR 43
ALLAHABAD HIGH COURT

 Dismissal of driver for dashing bus with another bus, is set to be aside when no action was taken against the driver of other bus.
2009 LLR 44
ALLAHABAD HIGH COURT

 A watchman will be a workman under Workmen''s Compensation Act.
2009 LLR 46
CALCUTTA HIGH COURT

 When the watchman was found lying dead, it will be an accident for payment of compensation.
2009 LLR 46
CALCUTTA HIGH COURT

 In an appeal against order of Compensation Commissioner, High Court has very limited powers pertaining to errors of law.
2009 LLR 46
CALCUTTA HIGH COURT

 Purchase Officer, functioning in the managerial capacity, will not be a ''workman''.
2009 LLR 5
BOMBAY HIGH COURT

 Conciliation officer cannot decide whether an employee is a ''workman'' or not.
2009 LLR 50
ALLAHABAD HIGH COURT

 Reinstatement of temporary typist is rightly denied in the absence of vacancy and sanctioned post.
2009 LLR 51
ALLAHABAD HIGH COURT

 No presumption for appointment can be drawn in the absence of appointment letter.
2009 LLR 51
ALLAHABAD HIGH COURT

 Continuous service for 240 days of working is not to be inferred in the absence of proof.
2009 LLR 51
ALLAHABAD HIGH COURT

 Merely asking the workers to collect retrenchment compensation will not be construed as legal compliance.
2009 LLR 53
PATNA HIGH COURT

 Muzaffarpur Regional Development Authority will be an ''industry'' under the I.D. Act.
2009 LLR 53
PATNA HIGH COURT

 Termination of cinema hall''s gatekeeper refusing to work as supervisor of sweepers will be valid.
2009 LLR 55
ALLAHABAD HIGH COURT

 Reinstatement of bus conductor is right when the charge for not issuing tickets not proved.
2009 LLR 56
ALLAHABAD HIGH COURT

 Right to strike is legal, but not for indulging in violence.
2009 LLR 62
MADRAS HIGH COURT

 Employer is entitled to police protection during strike and obstruction by workers'' union.
2009 LLR 62
MADRAS HIGH COURT

 A union is not immune from civil suit if indulging in violence on the willing workers.
2009 LLR 62
MADRAS HIGH COURT

 There should be specific order of confirmation to be 'śworkman'.
2009 LLR 68
HIMACHAL PRADESH HIGH COURT

 Three years training and a wage slip showing as confirmed employee will not make ''workman''.
2009 LLR 68
HIMACHAL PRADESH HIGH COURT

 Payment made to contractor to construct building does not amount to ''wages'' under ESI Act.
2009 LLR 72
KARNATAKA HIGH COURT

 Insurance Court is empowered to order refund of ESI contribution if wrongfully taken by ESI authorities.
2009 LLR 72
KARNATAKA HIGH COURT

 Workers of contractor doing same work as regular employees will be entitled to regularisation.
2009 LLR 75
MADRAS HIGH COURT

 Engaging contract labour will not be legal when the Certified Standing Orders did not provide.
2009 LLR 75
MADRAS HIGH COURT

 An individual worker can also raise an industrial dispute pertaining to prohibition of contract labour system.
2009 LLR 75
MADRAS HIGH COURT

 Dismissal of bus conductor not issuing tickets is all the more appropriate when there are 164 incidents of minor punishments.
2009 LLR 86
KARNATAKA HIGH COURT

 Dismissal of bus conductor, not issuing tickets despite collecting fare is appropriate.
2009 LLR 86
KARNATAKA HIGH COURT

 Reinstatement of a daily wager driver, not engaged properly, will amount to back door entry hence; set aside.
2009 LLR 89
PUNJAB AND HARYANA HIGH COURT

 High Court has rightly for constituting a Committee for sexual harassment as per guidelines of Supreme Court.
2009 LLR 9
BOMBAY HIGH COURT

 No back wages on reinstatement in the absence of supporting evidence.Nirdeshak Prasar, Chandra Shekhar
2009 LLR 90
ALLAHABAD HIGH COURT

 Back wages on reinstatement is not a natural consequence.
2009 LLR 90
ALLAHABAD HIGH COURT

 Reinstatement with back-wages of the workman is to be set aside when his appointment was not proper.
2009 LLR 92
PUNJAB AND HARYANA HIGH COURT

 Provident Fund Act will be applicable upon the ''expert services''.
2009 LLR 94
ALLAHABAD HIGH COURT

 No compensation will be payable on death of a chowkidar since his work was not of strenuous nature.
2009 LLR 95
GUJARAT HIGH COURT

 Factories Act is not applicable upon the schools.
2009 LLR 96
JHARKHAND HIGH COURT

 ESI Act can be extended upon educational institutions even having minority status.
2009 LLR 98
ALLAHABAD HIGH COURT