IMPORTANT JUDGEMENTS for October 2011

IMPORTANT JUDGEMENTS

 Challenging termination after accepting VRS dues only on refund.
2011 LLR 1009
SUPREME COURT OF INDIA

 After accepting the dues, VRS can''t be challenged.
2011 LLR 1009
SUPREME COURT OF INDIA

 Dismissal justified for levelling frivolous allegations against a senior officer.
2011 LLR 1011
DELHI HIGH COURT

 Employer has to contradict the list of employees given by provident fund authority.
2011 LLR 1013
DELHI HIGH COURT

 Retrenchment justified when the Department is shut down.
2011 LLR 1016
DELHI HIGH COURT

 Bank guarantee will be acceptable as pre-deposit for appeal before EPF Tribunal.
2011 LLR 1018
DELHI HIGH COURT

 No regularisation of a workman in the absence of specific reference.
2011 LLR 1020
BOMBAY HIGH COURT

 After conducting the enquiry into the misconduct it can''t be contended that workman was temporary.
2011 LLR 1020
BOMBAY HIGH COURT

 Compensation is appropriate when a daily-wager raised dispute after 10 years.
2011 LLR 1023
BOMBAY HIGH COURT

 Various factors are relevant for granting relief to a terminated workman.
2011 LLR 1024
ALLAHABAD HIGH COURT

 Retrenchment compensation appropriate when permission not taken.
2011 LLR 1028
MADRAS HIGH COURT

 Purchaser will not pay the arrears of provident fund of earlier owner.
2011 LLR 1032
HIMACHAL PRADESH HIGH COURT

 Removal of the bank officer, for granting extra loan, will not be set aside.
2011 LLR 1036
ALLAHABAD HIGH COURT

 Doctors being equal to God, not to issue false certificates.
2011 LLR 1043
KARNATAKA HIGH COURT

 Compensation Commissioners require training in Judicial Academies.
2011 LLR 1043
KARNATAKA HIGH COURT

 Awarding exorbitant compensation without appreciating evidence is not proper.
2011 LLR 1043
KARNATAKA HIGH COURT

 A resignation not containing allegations of ''frustration'' can''t be withdrawn.
2011 LLR 1046
KARNATAKA HIGH COURT

 Acceptance of voluntary retirement is always at discretion of the Management.
2011 LLR 1046
KARNATAKA HIGH COURT

 An enquiry can be interfered only when there is perversity.
2011 LLR 1049
MADHYA PRADESH HIGH COURT

 Disciplinary Authority can change its views after receiving explanation to the show-cause notice.
2011 LLR 1049
MADHYA PRADESH HIGH COURT

 Accident compensation can be claimed either in civil suit or under Employees'' Compensation Act.
2011 LLR 1050
MADHYA PRADESH HIGH COURT

 Ex-parte order by EPF Tribunal is to be set aside.
2011 LLR 1052
BOMBAY HIGH COURT

 Back-wages can''t be denied because of agricultural income.
2011 LLR 1055
BOMBAY HIGH COURT

 Fixed-term employees not entitled to regularization.
2011 LLR 1059
BOMBAY HIGH COURT

 No relief to workmen who failed to prove 240 days of continuous work.
2011 LLR 1059
BOMBAY HIGH COURT

 Back-wages not justified when the workmen failed to establish unemployment. 
2011 LLR 1059
BOMBAY HIGH COURT

 Reliance by Labour Court , on zerox copies of the documents, is erroneous.
2011 LLR 1059
BOMBAY HIGH COURT

 An employee, performing managerial functions, not to be a workman.
2011 LLR 1066
DELHI HIGH COURT

 Heart attack, resulting into death, is an accident for compensation.
2011 LLR 1071
KERALA HIGH COURT

 Provident Fund Act will continue to apply even when the employees are reduced to less than 20.
2011 LLR 1074
MADRAS HIGH COURT

 On transfer of establishment, vendee is also liable for provident fund dues.
2011 LLR 1074
MADRAS HIGH COURT

 Check-off facility to a union already allowed cannot be stopped.
2011 LLR 1076
MADRAS HIGH COURT

 Contract labour system exploits workers.
2011 LLR 1079
SUPREME COURT OF INDIA

 Globalization/liberalization can''t be at the cost of human exploitation.
2011 LLR 1079
SUPREME COURT OF INDIA

 Principle of ''equal pay for equal work'' not to apply for casual workers.
2011 LLR 1080
DELHI HIGH COURT

 Appeal, not writ petition, is the remedy for challenging the order of EPF Authority.
2011 LLR 1082
DELHI HIGH COURT

 Transfer of an employee not to be interfered by the Court.
2011 LLR 1084
ALLAHABAD HIGH COURT

 Reinstatement is proper when the employee was frightened to resign.
2011 LLR 1084
ALLAHABAD HIGH COURT

 Reinstatement even to a daily wager is proper in the absence of enquiry or compensation.
2011 LLR 1086
PUNJAB AND HARYANA HIGH COURT

 Consequential relief on reinstatement mean back-wages on higher post.
2011 LLR 1090
PUNJAB AND HARYANA HIGH COURT

 ''Wages'' under I.D. Act include travelling concession etc.
2011 LLR 1092
GUJARAT HIGH COURT

 No limitation for application under section 33C (2) of the I.D. Act.
2011 LLR 1092
GUJARAT HIGH COURT

 Interest on back-wages is justified.
2011 LLR 1092
GUJARAT HIGH COURT

 Notice of voluntary retirement can be withdrawn before the effective date.
2011 LLR 1096
GUJARAT HIGH COURT

 A Judge must be conscious of human suffering and human feeling.
2011 LLR 1105
ANDHRA PRADESH HIGH COURT

 Rejecting compensation claim, on technical grounds, would result in great injustice.
2011 LLR 1105
ANDHRA PRADESH HIGH COURT

 High Court has limited powers with the order of the Tribunal declining to accord approval for dismissal.
2011 LLR 1113
DELHI HIGH COURT

 Back-wages on reinstatement is not a rule of thumb.
2011 LLR 1120
BOMBAY HIGH COURT