IMPORTANT JUDGEMENTS for October 2010

IMPORTANT JUDGEMENTS

 Best evidence if not produced, an adverse inference can be drawn against such party.
2010 LLR 1065
MADHYA PRADESH HIGH COURT

 Declining to adjudicate a dispute in Delhi , place of Head Office, is not proper.
2010 LLR 1054
DELHI HIGH COURT

 Option for Voluntary Retirement can be withdrawn before it is accepted.
2010 LLR 1052
BOMBAY HIGH COURT

 Punishment to driver for rash and negligent driving of bus will not be interfered.
2010 LLR 1067
GUJARAT HIGH COURT

 A contractor is liable for payment of gratuity to its employees.
2010 LLR 1070
CALCUTTA HIGH COURT

 Belated appeal against awarded amount of accident compensation is untenable.
2010 LLR 1053
DELHI HIGH COURT

 On failure of a contractor to pay wages, principal employer will be liable.
2010 LLR 1092
JAMMU AND KASHMIR HIGH COURT

 An Enquiry Officer cannot be compelled to examine a particular witness.
2010 LLR 1096
MADRAS HIGH COURT

 Dismissal of an employee, guilty of dishonesty and misappropriation, is justified.
2010 LLR 1025
SUPREME COURT OF INDIA

 Convict can''t do job after his release under Probation of Offenders Act.
2010 LLR 1025
SUPREME COURT OF INDIA

 Dismissal of bank manager for financial irregularities is not improper.
2010 LLR 1029
SUPREME COURT OF INDIA

 Factories Act, a special legislation, would prevail over Indian Penal Code.
2010 LLR 1058
JHARKHAND HIGH COURT

 Accident compensation will be paid to dependents of deceased, who died on duty by dog biting.
2010 LLR 1062
MADRAS HIGH COURT

 Dismissal of a female employee for slapping security guard will be quashed when she was sexually harassed.
2010 LLR 1060
MADHYA PRADESH HIGH COURT

 Moral turpitude implies anything contrary to honesty or good morale.
2010 LLR 1025
SUPREME COURT OF INDIA

 Prosecution of sweet shop owner for not depositing ESI contributions will not be quashed.
2010 LLR 1057
JHARKHAND HIGH COURT

 Discharge of workman, engaged on contractual basis, will not attract section 33 of the I.D. Act.
2010 LLR 1092
JAMMU AND KASHMIR HIGH COURT

 Discharge of workman, engaged on contractual basis, will not attract section 33 of the I.D. Act.
2010 LLR 1083
DELHI HIGH COURT

 Termination of an employee is justified if she failed to comply with her transfer.
2010 LLR 1087
BOMBAY HIGH COURT

 Bonus for all years will not be payable to the employees who indulged in riotous and violent behaviour.
2010 LLR 1103
MADRAS HIGH COURT

 Mere examination of one witness will not vitiate an enquiry.
2010 LLR 1096
MADRAS HIGH COURT

 Prosecution for lack of safety measures will be only under Factories Act.
2010 LLR 1058
JHARKHAND HIGH COURT

 Burden of proof to rebut lies upon employer when the worker proves 240 days working
2010 LLR 1065
MADHYA PRADESH HIGH COURT

 An enquiry by a lawyer, associated with disciplinary proceedings, will not be impartial.
2010 LLR 1077
DELHI HIGH COURT

 Even when documents requested by employee are not provided, enquiry will not be vitiated.
2010 LLR 1096
MADRAS HIGH COURT

 Industrial Employment (SO) Act, 1946 will not apply when the Service Rules are approved by Government.
2010 LLR 1075
KERALA HIGH COURT

 Claiming additional wages, not based on existing rights, from sister concern will be untenable.
2010 LLR 1051
BOMBAY HIGH COURT

 Gram Panchayat under Rajasthan Panchayati Raj Act is covered by Gratuity Act.
2010 LLR 1089
RAJASTHAN HIGH COURT

 Disciplinary authority, with reasons, can differ with findings of Enquiry Officer.
2010 LLR 1096
MADRAS HIGH COURT

 A driver, classified as permanent under the Industrial Employment (SO) Act, will get regular scale.
2010 LLR 1065
MADHYA PRADESH HIGH COURT

 Departmental enquiries are initiated to protect the interests of Organisation.
2010 LLR 1096
MADRAS HIGH COURT

 Bias of a lawyer enquiry officer will always be presumed.
2010 LLR 1077
DELHI HIGH COURT

 Enquiry is not necessary if an employee fails to comply with transfer.
2010 LLR 1087
BOMBAY HIGH COURT

 Reinstatement will not be interfered when misconduct not proved.
2010 LLR 1094
PUNJAB AND HARYANA HIGH COURT

 ESI contributions, once determined can''t be re-opened by authority.
2010 LLR 1106
MADRAS HIGH COURT

 Writ, not appeal, is proper when ESIC order is without jurisdiction.
2010 LLR 1106
MADRAS HIGH COURT

 A bank employee has to protect interests of the bank with utmost honesty.
2010 LLR 1096
MADRAS HIGH COURT

 An educational institution run by a registered Trust shall be covered by Gratuity Act.
2010 LLR 1034
BOMBAY HIGH COURT

 Termination of a bus driver, without holding of enquiry, is liable to be set aside.
2010 LLR 1039
MADRAS HIGH COURT

 A single worker cannot question the settlement made with majority of workers.
2010 LLR 1108
BOMBAY HIGH COURT

 Termination of a probationer for unsatisfactory work will not be stigmatic.
2010 LLR 1110
BOMBAY HIGH COURT

 Civil court can''t allow reinstatement to a wrongfully terminated employee.
2010 LLR 1124
ALLAHABAD HIGH COURT

 Section 14 of the Payment of Gratuity Act has an overriding effect over other enactments.
2010 LLR 1119
ALLAHABAD HIGH COURT

 Reference under section 36A of the Industrial Disputes Act will be industrial dispute.
2010 LLR 1111
DELHI HIGH COURT

 Termination of service of contract labour having worked for 25-30 years not proper.
2010 LLR 1115
JHARKHAND HIGH COURT

 Provident Fund Authority can re-open earlier enquiry under Section 7A of the Act.
2010 LLR 1118
MADRAS HIGH COURT

 Levying of damages for late payment of provident fund contribution cannot be in a mechanical process.
2010 LLR 1037
KERALA HIGH COURT

 Territorial jurisdiction for raising an industrial dispute will be at the place where services are terminated.
2010 LLR 1045
MADRAS HIGH COURT

 Termination of an employee, for unauthorised absence of 536 days, will not be interfered.
2010 LLR 1041
MADRAS HIGH COURT

 Reinstatement appropriate when termination of a workman is without enquiry.
2010 LLR 1130
MADHYA PRADESH HIGH COURT

 Notification by West Bengal instead of Central government abolishing contract labour is to be quashed.
2010 LLR 1128
CALCUTTA HIGH COURT

 Removal of a bus conductor guilty of misappropriation, is proper.
2010 LLR 1126
ALLAHABAD HIGH COURT

 Conciliation Officer can hold whether dispute exists or apprehended.
2010 LLR 1126
ALLAHABAD HIGH COURT

 Adjudication of an industrial dispute has to be in accordance with Law of Evidence.
2010 LLR 1128
CALCUTTA HIGH COURT

 Interest on compensation will accrue after a month from the date of injury.
2010 LLR 1130
PUNJAB AND HARYANA HIGH COURT

 Reinstatement not to be interfered when an employee, has not abandoned employment
2010 LLR 1130
RAJASTHAN HIGH COURT

 Responsibility for implementing ex-parte Award cannot be escaped for error in its address.
2010 LLR 1129
DELHI HIGH COURT

 Penalty of Rs.25 is appropriate if the claim pertains to withholding of wages.
2010 LLR 1127
BOMBAY HIGH COURT

 High Court has limited powers of superintendence under Article 227 of COI.
2010 LLR 1129
GUJARAT HIGH COURT

 Delhi Development Authority is an ''establishment'' under Gratuity Act.
2010 LLR 1131
DELHI HIGH COURT

 On closure of establishment, employer-employee relationship comes to an end.
2010 LLR 1132
BOMBAY HIGH COURT

 Re-employment, as available to the retrenched employees, is not applicable on closure.
2010 LLR 1132
HIMACHAL PRADESH HIGH COURT

 Compensation is appropriate in absence of evidence of gainful employment.
2010 LLR 1133
MADRAS HIGH COURT