IMPORTANT JUDGEMENTS for October 2013

IMPORTANT JUDGEMENTS

 Reinstatement is not a rule when termination of a workman is held illegal.
2013 LLR 1009
SUPREME COURT OF INDIA

 Reinstatement can be converted into compensation.
2013 LLR 1013
SUPREME COURT OF INDIA

 No organization can function if transfers are carried at the convenience of employees
2013 LLR 1015
DELHI HIGH COURT

 An employer knows best where the services of an employee can be used more effectively.
2013 LLR 1015
DELHI HIGH COURT

 Transfer cannot be stalled unless any legal right is adversely affected.
2013 LLR 1015
DELHI HIGH COURT

 Necessity of transfer of an employee is to be decided by the employer.
2013 LLR 1015
DELHI HIGH COURT

 Personal difficulties are no ground to stall transfer.
2013 LLR 1015
DELHI HIGH COURT

 Internal rules can''t prevail over Gratuity Act.
2013 LLR 1016
DELHI HIGH COURT

 Employer can''t adjust any dues from gratuity.
2013 LLR 1016
DELHI HIGH COURT

 Dishonesty & misappropriation are grave and serious misconducts
2013 LLR 1017
DELHI HIGH COURT

 Violation of natural justice can''t be pleaded by one who fails to participate in enquiry.
2013 LLR 1017
DELHI HIGH COURT

 Proofs in criminal case are rigid but not in domestic enquiry
2013 LLR 1017
DELHI HIGH COURT

 In banking services, integrity of employees is very important.
2013 LLR 1017
DELHI HIGH COURT

 An ex-parte order passed by the EPF Authority, without hearing the employer, will be set aside.
2013 LLR 1021
PUNJAB AND HARYANA HIGH COURT

 Quasi-judicial authorities are bound to follow principles of natural justice in making enquiries.
2013 LLR 1021
PUNJAB AND HARYANA HIGH COURT

 Forfeiture of gratuity only on termination for prescribed misconducts.
2013 LLR 1024
KERALA HIGH COURT

 Specific instances are must for serious misconducts.
2013 LLR 1026
KERALA HIGH COURT

 Long and unblemished past service is relevant for awarding punishment.
2013 LLR 1026
KERALA HIGH COURT

 Supply of documents and list of witnesses to delinquent is not always necessary.
2013 LLR 1026
KERALA HIGH COURT

 Compensation is not proper when dismissal is legal
2013 LLR 1028
MADRAS HIGH COURT

 Dismissal justified for preventing ingress/egress of willing workmen, materials and extending threat to senior(s).
2013 LLR 1028
MADRAS HIGH COURT

 Labour Court is empowered to set aside dismissal of a workman.
2013 LLR 1028
MADRAS HIGH COURT

 Employer is to pay Rs.50.000/ cost on delaying accident compensation.
2013 LLR 1031
ALLAHABAD HIGH COURT

 Condition precedent for retrenchment is not applicable on abandonment.
2013 LLR 1033
ALLAHABAD HIGH COURT

 ESI Act will not apply to municipality/corporation.
2013 LLR 1034
ALLAHABAD HIGH COURT

 No retrenchment compensation when dismissal is justified.
2013 LLR 1035
ALLAHABAD HIGH COURT

 A married sister of deceased can''t claim accident compensation.
2013 LLR 1037
KERALA HIGH COURT

 Sales incentive will be ''wages'' for ESI contributions.
2013 LLR 1038
KERALA HIGH COURT

 Principal employer can recover ESI contributions from contractor.
2013 LLR 1038
KERALA HIGH COURT

 Termination of fixed-period workman would not be retrenchment.
2013 LLR 1042
SUPREME COURT OF INDIA

 Section 25G of I.D. Act applies only after retrenchment.
2013 LLR 1042
SUPREME COURT OF INDIA

 Ex-parte enquiry is appropriate when delinquent fails to appear.
2013 LLR 1044
DELHI HIGH COURT

 Enquiry not vitiated merely for non-supply of documents with charge-sheet.
2013 LLR 1044
DELHI HIGH COURT

 Issuing of charge-sheet can''t be construed as time-barred.
2013 LLR 1044
DELHI HIGH COURT

 High Court will interfere only in orders of Departmental Authorities
2013 LLR 1044
DELHI HIGH COURT

 Prejudice will be caused if delinquent alleges violation of natural justice.
2013 LLR 1044
DELHI HIGH COURT

 Reinstatement is no longer a rule of thumb.
2013 LLR 1051
DELHI HIGH COURT

 High Court has limited powers when an award is challenged.
2013 LLR 1051
DELHI HIGH COURT

 No bonus by a new establishment for the first five years without profit.
2013 LLR 1053
PUNJAB AND HARYANA HIGH COURT

 A part-time is also protected by Industrial Disputes Act.
2013 LLR 1056
PUNJAB AND HARYANA HIGH COURT

 Complaint for violation of Contract Labour (R&A) Act must be within three months.
2013 LLR 1057
ANDHRA PRADESH HIGH COURT

 No back-wages when reinstated workman fails to report.
2013 LLR 1058
MADRAS HIGH COURT

 Reinstatement is proper on termination without enquiry.
2013 LLR 1058
MADRAS HIGH COURT

 Staging demonstration is protected by Article 19 (1)(c) of Constitution of India. 
2013 LLR 1065
MADRAS HIGH COURT

 Peaceful demonstration will not amount to misconduct.
2013 LLR 1065
MADRAS HIGH COURT

 Transfer of an employee is an incident of service.
2013 LLR 1077
GUJARAT HIGH COURT

 A transfer is not violative of section 33-A of the Industrial Disputes Act.
2013 LLR 1077
GUJARAT HIGH COURT

 No notice under section 9A of I.D. Act necessary on transfer of a workman.
2013 LLR 1077
GUJARAT HIGH COURT

 A financially crippled establishment can''t be burdened with damages under EPF & MP Act.
2013 LLR 1083
KERALA HIGH COURT

 An adjudicator can''t act as recovery officer.
2013 LLR 1083
KERALA HIGH COURT

 Penalty for delayed payment can be imposed on the basis of principles of natural justice.
2013 LLR 1083
KERALA HIGH COURT

 RPFC is expected to be strict in recovery of the dues payable but should act in bonafide.
2013 LLR 1091
GUJARAT HIGH COURT

 Date of birth in voter list can''t be substituted/superseded as recorded in service record
2013 LLR 1094
ALLAHABAD HIGH COURT

 Execution court cannot decide question of retirement age.
2013 LLR 1094
ALLAHABAD HIGH COURT

 Loss of earning capacity of an employee is criterion for awarding accident compensation.
2013 LLR 1098
ALLAHABAD HIGH COURT

 Reinstatement appropriate when enquiry is not proper.
2013 LLR 1103
KARNATAKA HIGH COURT

 ''Equal pay for equal work'' can''t be claimed u/s 33C (2) of I.D. Act
2013 LLR 1104
PUNJAB AND HARYANA HIGH COURT

 When an insured employee on duty dies of heart attack, his widow would be entitled to benefits under ESI Act.
2013 LLR 1106
BOMBAY HIGH COURT

 Notional extension applies on death of an employee due to heart attack while during the course of employment.
2013 LLR 1106
BOMBAY HIGH COURT