IMPORTANT JUDGEMENTS for October 2012

IMPORTANT JUDGEMENTS

 Larger Bench is to decide setting aside of ex-parte Award.
2012 LLR 1009
SUPREME COURT OF INDIA

 Termination can't be challenged when job obtained fraudulently.
2012 LLR 1012
DELHI HIGH COURT

 Statements of passengers duly signed by the conductor for not issuing tickets can't be wriggled out.
2012 LLR 1016
DELHI HIGH COURT

 Strict rules of Evidence Act are not applicable in domestic enquiry.
2012 LLR 1016
DELHI HIGH COURT

 Rejection of approval application under S.33 of I.D. Act will result into reinstatement of workman.
2012 LLR 1016
DELHI HIGH COURT

 '˜Equal pay for equal work' is not applicable in abstract.
2012 LLR 1020
DELHI HIGH COURT

 Without bifurcation, whole payment, made to contractor will be taken as wages for ESI contributions.
2012 LLR 1024
BOMBAY HIGH COURT

 Repair, maintenance of factory and packing charges will attract the ESI contribution.
2012 LLR 1024
BOMBAY HIGH COURT

 No forfeiture of gratuity on kidnapping a girl.
2012 LLR 1027
BOMBAY HIGH COURT

 Levying of damages upon sick unit etc., without reasons thereto, are not sustainable.
2012 LLR 1031
BOMBAY HIGH COURT

 Transfers are not to be stayed by the Courts.
2012 LLR 1032
BOMBAY HIGH COURT

 Transfer is permissible if service conditions so provide.
2012 LLR 1032
BOMBAY HIGH COURT

 Reinstatement is justified for non compliance of S.25F of I.D. Act.
2012 LLR 1034
BOMBAY HIGH COURT

 Granting of back-wages depends upon service, financial position and 'œno work, no pay' factors.
2012 LLR 1034
BOMBAY HIGH COURT

 No wages for lock-out when declared due to hooliganism.
2012 LLR 1036
GAUHATI HIGH COURT

 Mere distance is no ground to stall the transfer.
2012 LLR 1038
PUNJAB AND HARYANA HIGH COURT

 Transfer from one place to another cannot be stalled on personal difficulties including illness.
2012 LLR 1038
PUNJAB AND HARYANA HIGH COURT

 Criminal proceedings under EPF Act are untenable sans show cause notice.
2012 LLR 1039
PATNA HIGH COURT

 President of the Union can't avoid his transfer.
2012 LLR 1040
HIMACHAL PRADESH HIGH COURT

 Transfer can be only to an equivalent post.
2012 LLR 1040
HIMACHAL PRADESH HIGH COURT

 Transfer is right of employer but deputation is not.
2012 LLR 1040
HIMACHAL PRADESH HIGH COURT

 Holding of enquiry is imperative on failure to comply with deputation.
2012 LLR 1040
HIMACHAL PRADESH HIGH COURT

 Coverage quashed by Employees' Insurance Court will not be interfered.
2012 LLR 1049
PATNA HIGH COURT

 Demanding ESI contribution, sans hearing, is untenable.
2012 LLR 1049
PATNA HIGH COURT

 50% deposit of ESI dues imperative for filing appeal.
2012 LLR 1050
MADHYA PRADESH HIGH COURT

 Ex-gratia being paid since long becomes condition of service and can't be withdrawn.
2012 LLR 1052
KARNATAKA HIGH COURT

 Compliance of section 9-A of the I.D. Act is imperative on changing conditions of service.
2012 LLR 1052
KARNATAKA HIGH COURT

 Denial of bonus/ex-gratia to workmen who went on strike is victimization.
2012 LLR 1052
KARNATAKA HIGH COURT

 Dependents not entitled to compensation on death due to heart failure.
2012 LLR 1060
GAUHATI HIGH COURT

 Tribunals/Labour Courts are empowered to modify punishment of dismissal.
2012 LLR 1066
ALLAHABAD HIGH COURT

 Enquiry to be quashed if found deficient.
2012 LLR 1066
ALLAHABAD HIGH COURT

 Unless specifically awarded, notional increments can't be given on back wages.
2012 LLR 1071
ALLAHABAD HIGH COURT

 Dismissal for abusing the superior may be modified.
2012 LLR 1073
ALLAHABAD HIGH COURT

 Discipline at the work-place is very vital.
2012 LLR 1074
MADRAS HIGH COURT

 Contract labour system illegal when it is sham.
2012 LLR 1077
MADRAS HIGH COURT

 Employer-employee relation is must for seeking absorption.
2012 LLR 1077
MADRAS HIGH COURT

 Courts must be compatible with Directive Principles of State Policy on deprivation of workman''s livelihood.
2012 LLR 1081
MADRAS HIGH COURT

 An employee Sanctioning leave for subordinates will be '˜supervisor'.
2012 LLR 1083
KARNATAKA HIGH COURT

 EPF Authority can waive the damages for delayed deposit of contributions on justifiable ground.
2012 LLR 1086
CALCUTTA HIGH COURT

 Assessing damages for delayed EPF dues overlooking employer''s representation is not tenable.
2012 LLR 1086
CALCUTTA HIGH COURT

 A charitable hospital will also pay minimum wages.
2012 LLR 1090
JHARKHAND HIGH COURT

 Bishop cannot be prosecuted for non-payment of minimum wages.
2012 LLR 1090
JHARKHAND HIGH COURT

 An Accountant for realisation of amount from others is a '˜workman'.
2012 LLR 1092
JHARKHAND HIGH COURT

 Unauthorized absence will not be the break in service for disentitlement of gratuity.
2012 LLR 1093
GUJARAT HIGH COURT

 Levying damages sans due of procedure by EPF Authority is not tenable.
2012 LLR 1096
MADHYA PRADESH HIGH COURT

 Clubbing of establishments for Provident Fund purpose, without applying essential factors, is untenable.
2012 LLR 1097
MADHYA PRADESH HIGH COURT

 Failing to notify the change of address to the EPFO, the employer will be liable for consequences.
2012 LLR 1098
PUNJAB AND HARYANA HIGH COURT

 EPF Appellant Tribunal, for sufficient reasons, can extend it for further 60 days.
2012 LLR 1098
PUNJAB AND HARYANA HIGH COURT

 No relief without 240 days working prior to termination.
2012 LLR 1100
PUNJAB AND HARYANA HIGH COURT

 An Award of Labour Court/Tribunal can be implemented by the Civil Court also.
2012 LLR 1102
PUNJAB AND HARYANA HIGH COURT

 Levy of damages for delayed deposit of EPF can be challenged in Appeal and not in Writ.
2012 LLR 1105
PUNJAB AND HARYANA HIGH COURT

 Reinstatement and not re-employment will be appropriate when approval for dismissal is rejected.
2012 LLR 1107
RAJASTHAN HIGH COURT

 A delayed claim under I.D. Act without explanation is untenable.
2012 LLR 1108
PUNJAB AND HARYANA HIGH COURT