IMPORTANT JUDGEMENTS for January 2016

IMPORTANT JUDGEMENTS

 Dismissal of a factory worker, for sleeping during duty hours, is justified.
2016 LLR 47
GAUHATI HIGH COURT

 Contract labour can be engaged when not prohibited by the government.
2016 LLR 19
DELHI HIGH COURT

 Unauthorised absence, would justify dismissal from service.
2016 LLR 66
DELHI HIGH COURT

 Pre-deposit of damages is not mandatory in appeal in EPF Tribunal.
2016 LLR 55
SUPREME COURT OF INDIA

 Termination sans enquiry will be illegal.
2016 LLR 10
DELHI HIGH COURT

 Non-supply of Enforcement Officer''s Report will vitiate the order of RPFC.
2016 LLR 4
BOMBAY HIGH COURT

 EPF Tribunal can reduce damages for delayed deposit of PF dues.
2016 LLR 5
BOMBAY HIGH COURT

 Dishonesty of a workman would justify dismissal from service.
2016 LLR 63
DELHI HIGH COURT

 Contractor''s workers cannot claim regularization with principal employer.
2016 LLR 36
KARNATAKA HIGH COURT

 Contract labour system can be quashed only by notification by appropriate government.
2016 LLR 19
DELHI HIGH COURT

 Dismissal not disproportionate for adopting ''go slow'' tactics, etc.
2016 LLR 72
DELHI HIGH COURT

 Transfer from one place to another is justified in transferable posts.
2016 LLR 45
GAUHATI HIGH COURT

 ESI certificate may be doubtful if disease is not indicated.
2016 LLR 29
ORISSA HIGH COURT

 Successor of defaulter will be liable to pay dues and damages.
2016 LLR 34
KERALA HIGH COURT

 Pre-requisite deposit of the amount determined for filing appeal is applicable only under section 7A of the EPF&MP Act.
2016 LLR 7
DELHI HIGH COURT

 Prosecution under Factories Act, beyond prescribed limitation, is untenable.
2016 LLR 43
JHARKHAND HIGH COURT

 A driver, after illegal termination, be paid compensation instead of reinstatement since he cannot remain unemployed.
2016 LLR 10
DELHI HIGH COURT

 Adjudicator is bound by terms of reference and cannot go beyond them.
2016 LLR 12
DELHI HIGH COURT

 Enquiry Officer not to be changed merely because he allowed attested copies to be exhibited.
2016 LLR 8
DELHI HIGH COURT

 Only informing retrenched workman to collect his dues, is not compliance of section 25-F of ID Act.
2016 LLR 23
GUJARAT HIGH COURT

 Denial of back-wages is justified if the employer has proved that workman was gainfully employed.
2016 LLR 66
DELHI HIGH COURT

 An enquiry conducted on principles of natural justice cannot be interfered. 
2016 LLR 72
DELHI HIGH COURT

 Judicial review on punishment when it shocks to the conscious of court. 
2016 LLR 72
DELHI HIGH COURT

 Contractor will be employer when paying wages to his workers.
2016 LLR 19
DELHI HIGH COURT

 Reinstatement with back-wages justified on termination without retrenchment compensation.
2016 LLR 72
DELHI HIGH COURT

 Unless the decision of provident fund officer is pursuant to corruption, no disciplinary action can be taken.
2016 LLR 52
CALCUTTA HIGH COURT

 Reinstatement not justified in absence of employer-employee relationship.
2016 LLR 25
PUNJAB AND HARYANA HIGH COURT

 Workers of contractor cannot claim reinstatement with principal employer.
2016 LLR 12
DELHI HIGH COURT

 A contract system is not sham when contractor''s workers did not plead it so.
2016 LLR 12
DELHI HIGH COURT

 Employer-employee relationship depends upon various factors including who pays wages and exercises control.
2016 LLR 36
KARNATAKA HIGH COURT

 Compensation payable when the employee meets with accident by obeying order of the employer.
2016 LLR 57
SUPREME COURT OF INDIA

 On rejection of application for approval of dismissal, workman will be entitled to reinstatement with back-wages.
2016 LLR 63
DELHI HIGH COURT

 Transfer of a law paid employee, though having transferable post is ''victimization''.
2016 LLR 45
GAUHATI HIGH COURT

 Back-wages payable on non rebuttal by employer of unemployment of workman.
2016 LLR 50
HIMACHAL PRADESH HIGH COURT

 On quashing of order of Provident Fund Authority, enquiry can be held again.
2016 LLR 40
KARNATAKA HIGH COURT

 Mere working in the premises of principal employer not sufficient to establish relationship of employer-employee.
2016 LLR 12
DELHI HIGH COURT

 Residing in the quarter allotted by employer is sufficient to establish employer-employee relationship.
2016 LLR 36
KARNATAKA HIGH COURT

 Collecting full fare and issuing tickets of less denomination by bus conductor is a serious misconduct.
2016 LLR 63
DELHI HIGH COURT

 Refusal to give agreed output and deliberately working slow will justify dismissal.
2016 LLR 72
DELHI HIGH COURT

 A party must be heard before an order by the PF Authority.
2016 LLR 2
BOMBAY HIGH COURT

 No relationship of employer-employee would exist between principal employer and contract labour engaged through contractor(s).
2016 LLR 19
DELHI HIGH COURT

 Interference by High Court only when there is perversity in the Award.
2016 LLR 27
PUNJAB AND HARYANA HIGH COURT

 High Court not to interfere in an Award unless there is perversity.
2016 LLR 66
DELHI HIGH COURT

 Gratuity rightly forfeited if the workman is guilty of moral turpitude.
2016 LLR 81
GUJARAT HIGH COURT

 Treating absence as leave without pay would not be sanctioned leave.
2016 LLR 61
DELHI HIGH COURT

 Failure to comply with transfer order is a major misconduct justifying dismissal from service.
2016 LLR 45
GAUHATI HIGH COURT

 Condonation of delay for prosecution untenable without justifiable reasons.
2016 LLR 43
JHARKHAND HIGH COURT

 Workmen to prove that they are employees of the principal employer.
2016 LLR 36
KARNATAKA HIGH COURT

 Removal of workman for habitual absence, after enquiry, is justified.
2016 LLR 61
DELHI HIGH COURT

 To prove ''employer-employee'' relationship, worker has to lead evidence.
2016 LLR 58
BOMBAY HIGH COURT

 Management to prove charges when enquiry findings are held improper.
2016 LLR 66
DELHI HIGH COURT

 Any conduct, inconsistent with the faithful discharge of duties, would be a misconduct.
2016 LLR 72
DELHI HIGH COURT

 A non-speaking order, passed by an authority, is to be quashed.
2016 LLR 26
PUNJAB AND HARYANA HIGH COURT