IMPORTANT JUDGEMENTS for January 2014

IMPORTANT JUDGEMENTS

 Past conduct is relevant for imposition of punishment.
2014 LLR 1
SUPREME COURT OF INDIA

 Interference by Labour Court under S.11A of the I.D. Act is to be sparingly exercised.
2014 LLR 1
SUPREME COURT OF INDIA

 Travelling without ticket of an employee is a serious misconduct
2014 LLR 1
SUPREME COURT OF INDIA

 Reinstatement is not automatic in illegal termination.
2014 LLR 12
DELHI HIGH COURT

 Holding of enquiry is must before termination for misconduct.
2014 LLR 12
DELHI HIGH COURT

 Retiral dues will be denied if employee fails to vacate accommodation.
2014 LLR 15
DELHI HIGH COURT

 Mere pendency of criminal case will not justify non resumption of duties.
2014 LLR 17
DELHI HIGH COURT

 Abandonment will be presumed when employee fails to respond notice by the registered post and publication in the newspaper to this effect.
2014 LLR 17
DELHI HIGH COURT

 High Court will interfere in punishment only when it is excessive and principle of natural justice was violated.
2014 LLR 18
DELHI HIGH COURT

 Written statement by employer in Labour Court can be amended even at late stage provided no prejudice is caused to the workman.
2014 LLR 23
BOMBAY HIGH COURT

 Employer will be permitted to prove charges when enquiry is declared vitiated.
2014 LLR 23
BOMBAY HIGH COURT

 Determination of provident fund dues without hearing the employer to be quashed.
2014 LLR 25
BOMBAY HIGH COURT

 Demanding provident fund contributions without identification of beneficiaries is not proper.
2014 LLR 25
BOMBAY HIGH COURT

 Depositing of provident fund contributions in the absence of functioning of the establishment would not arise.
2014 LLR 29
PUNJAB AND HARYANA HIGH COURT

 Acquittal in provident fund prosecution with justifiable reasons would not be perverse
2014 LLR 29
PUNJAB AND HARYANA HIGH COURT

 Abandonment cannot be presumed when no enquiry is held for unauthorized absence
2014 LLR 31
PUNJAB AND HARYANA HIGH COURT

 Compensation in lieu of reinstatement would be appropriate when long time has expired.
2014 LLR 31
PUNJAB AND HARYANA HIGH COURT

 Non rebuttal of unemployment by an employer would justify for entitlement of back- wages
2014 LLR 31
PUNJAB AND HARYANA HIGH COURT

 Launching prosecution during pendency of dispute before Employees'' Insurance Court is not legal.
2014 LLR 33
PUNJAB AND HARYANA HIGH COURT

 Clubbing of two establishments for coverage under ESI must be based on functional integrality and interchangeability of workforce.
2014 LLR 34
MADRAS HIGH COURT

 Coverage under ESI based on inspectors'' report without verification of employees and their description is liable to be quashed.
2014 LLR 34
MADRAS HIGH COURT

 Appeal before Employees'' Insurance Court & not Writ Petition is appropriate remedy.
2014 LLR 40
JAMMU AND KASHMIR HIGH COURT

 A trainee not engaged under Apprentices Act to be covered by provident fund.
2014 LLR 43
KERALA HIGH COURT

 Awarding of cost for setting aside ex-parte Award, reimburses the loss caused to the workman.
2014 LLR 49
KARNATAKA HIGH COURT

 Sufficient cause is must for setting aside an ex-parte Award. M/s. Tech. Mahindra Limited vs. Mr. Ajay Bhagat (Major),
2014 LLR 49
KARNATAKA HIGH COURT

 School employee covered by Delhi School Education Act cannot be transferred outside Delhi.
2014 LLR 5
DELHI HIGH COURT

 ESI dues will be recovered from both, principal employer and contractor.
2014 LLR 51
KARNATAKA HIGH COURT

 Medical profession is not a mere occupation for earning wages.
2014 LLR 53
SUPREME COURT OF INDIA

 A doctor is not a ''workman''.
2014 LLR 53
SUPREME COURT OF INDIA

 Ex-parte enquiry not justified when notice is sent at wrong address.
2014 LLR 55
SUPREME COURT OF INDIA

 Fair and transparent procedure is sine qua non for a valid enquiry.
2014 LLR 57
DELHI HIGH COURT

 A plea not taken earlier is not permitted to be taken later on.
2014 LLR 57
DELHI HIGH COURT

 Misuse of loan taken for construction of house would justify dismissal.
2014 LLR 57
DELHI HIGH COURT

 Moral turpitude as proved in enquiry would justify forfeiture of gratuity.
2014 LLR 6
DELHI HIGH COURT

 Gratuity can be forfeited only when pecuniary loss is caused by negligence of the employee.
2014 LLR 6
DELHI HIGH COURT

 Sexual harassment of an employee would justify forfeiture of gratuity.
2014 LLR 6
DELHI HIGH COURT

 Termination of probationer is not covered by definition of retrenchment.
2014 LLR 60
DELHI HIGH COURT

 Termination of a probationer will not be invalid merely by stating ''unsatisfactory performance''.
2014 LLR 60
DELHI HIGH COURT

 Failure to obtain registration and licence by principal employer and contractor respectively would not make contract labour system a sham and camouflage.
2014 LLR 64
JHARKHAND HIGH COURT

 Deposit of gratuity must for filing appeal before the Appellate Authority.
2014 LLR 71
MADHYA PRADESH HIGH COURT

 Notice pay can''t be deducted from gratuity.
2014 LLR 72
KERALA HIGH COURT

 It is for employee to prove that resignation was under coercion.
2014 LLR 74
MADRAS HIGH COURT

 Dismissal of an employee causing substantial financial loss is justified. Del. HC 18 Resignation can''t be withdrawn after receiving dues in full and final settlement without any protest.
2014 LLR 74
MADRAS HIGH COURT

 Termination can be challenged only when the workman has worked for 240 days.
2014 LLR 84
GUJARAT HIGH COURT

 It is for workman to prove to have worked for 240 days.
2014 LLR 84
GUJARAT HIGH COURT

 Increment or promotions can''t be claimed by a reinstated employee.
2014 LLR 85
KARNATAKA HIGH COURT

 Correction of date of birth is not permissible at fag end of service
2014 LLR 87
KARNATAKA HIGH COURT

 Appeal against levy of interest by RPFC not tenable before EPF Appellate Tribunal.
2014 LLR 89
SUPREME COURT OF INDIA

 Retrenchment compensation paid on termination for misconduct would not be construed as ''retrenchment''
2014 LLR 9
DELHI HIGH COURT

 No perversity in enquiry for non appearance of a witness being foreigner who stayed in a hotel.
2014 LLR 9
DELHI HIGH COURT

 Written complaint is not necessary before initiating enquiry.
2014 LLR 9
DELHI HIGH COURT

 Labour Court cannot reappraise evidence recorded in enquiry.
2014 LLR 9
DELHI HIGH COURT

 Suspension during enquiry is not punishment.
2014 LLR 96
CALCUTTA HIGH COURT

 A charge-sheet cannot be challenged in writ petition.
2014 LLR 96
CALCUTTA HIGH COURT