IMPORTANT JUDGEMENTS for November 2008

IMPORTANT JUDGEMENTS

 Compensation in lieu of reinstatement will depend on the length of service of workman and paying capacity of employer.
2008 LLR 1121
SUPREME COURT OF INDIA

 Reinstatement with back wages is no longer a rule even when termination is illegal.
2008 LLR 1121
SUPREME COURT OF INDIA

 While modifying punishment, the court has to strike a balance between the rights of parties.
2008 LLR 1121
SUPREME COURT OF INDIA

 50% back-wages on reinstatement would be appropriate when litigation lingered on 16 years.
2008 LLR 1124
SUPREME COURT OF INDIA

 An enquiry is rightly vitiated when members of Enquiry Committee participated for acceptance of the report.
2008 LLR 1124
SUPREME COURT OF INDIA

 Food allowance not to be ''basic wage'' for provident fund contributions.
2008 LLR 1127
BOMBAY HIGH COURT

 On rejection of review application for validity of permission for establishment''s closure, the reference to Tribunal not legal.
2008 LLR 1133
Bombay High Court

 A small establishment, engaged in a family run business, not an ''industry''.
2008 LLR 1133
Bombay High Court

 Transferability of the employees as a condition of service can''t be faulted with.
2008 LLR 1135
BOMBAY HIGH COURT

 A change of the work cannot be regarded as a matter of adverse effect of transferability.
2008 LLR 1135
BOMBAY HIGH COURT

 Courts will interfere in transfers only when actuated with mala fide.
2008 LLR 1135
BOMBAY HIGH COURT

 Reinstatement of an ailing workman for giving lesser production is liable to be set aside.
2008 LLR 1139
BOMBAY HIGH COURT

 State Farm carrying an agricultural activity, will not be an ''industry''.
2008 LLR 1145
Delhi High Court

 Back-wages to be disallowed to a workman who did not work during interregnum
2008 LLR 1149
MADRAS HIGH COURT

 An issue about validity of enquiry is to be decided at first instance.
2008 LLR 1151
MADRAS HIGH COURT

 A pure question of law in a subsequent proceeding cannot be opposed as res-judicata .
2008 LLR 1151
MADRAS HIGH COURT

 Back-wages rightly awarded when termination has been found to be illegal.
2008 LLR 1157
ORISSA HIGH COURT

 Permission for closure rightly granted after considering the facts and reasons.
2008 LLR 1158
MADHYA PRADESH HIGH COURT

 Compensation Commissioner rightly directed compensation for injuries when employer could not deny employer and employee relationship.
2008 LLR 1163
MADHYA PRADESH HIGH COURT

 Dismissal for instigating worker for hurling abuses and resorting to strike not to be interfered.
2008 LLR 1165
ALLAHABAD HIGH COURT

 Termination of a bus driver not reaching the destination falling sick enroute is to be set aside.
2008 LLR 1169
ALLAHABAD HIGH COURT

 An enquiry is not proper when the Enquiry Officer acted as investigator, prosecutor and the judge.
2008 LLR 1171
SUPREME COURT OF INDIA

 An enquiry to be vitiated when Enquiry Officer, secured answers to his questions from the workman.
2008 LLR 1171
SUPREME COURT OF INDIA

 A notice of strike to the employer has to be in the prescribed form.
2008 LLR 1176
SUPREME COURT OF INDIA

 A valid strike cannot commence before expiry of six weeks'' time and 14 days thereafter.
2008 LLR 1176
SUPREME COURT OF INDIA

 Approval of dismissal will not be necessary when no dispute is pending before labour authorities.
2008 LLR 1176
SUPREME COURT OF INDIA

 Financial irregularities by a bank employee to be treated differently than any other misconduct.
2008 LLR 1180
KERALA HIGH COURT

 In competitive scenario, survival of bank depends upon efficiency of employees.
2008 LLR 1180
KERALA HIGH COURT

 Reducing punishment to bank employee, guilty of misappropriation, will be misplaced sympathy.
2008 LLR 1180
KERALA HIGH COURT

 Representation by a legal practitioner, not objected at the first hearing, will be estopped thereafter.
2008 LLR 1183
ALLAHABAD HIGH COURT

 A Cooperative Housing Society is rightly held to be not an ''industry''.
2008 LLR 1185
BOMBAY HIGH COURT

 Holding an ex-parte enquiry will be necessary when an employee neither submitted explanation to charge-sheet nor participated in the enquiry
2008 LLR 1186
ALLAHABAD HIGH COURT

 Claim for overtime is to be declined when disputed by employer from very beginning
2008 LLR 1188
SUPREME COURT OF INDIA

 Mere punching of card would not be sufficient proof for claming overtime.
2008 LLR 1188
SUPREME COURT OF INDIA

 Claim for overtime wages is to be rejected in the absence of authorisation.
2008 LLR 1188
SUPREME COURT OF INDIA

 Under section 33-C(2) of the I.D. Act, the Labour Court can allow the claim based on existing right.
2008 LLR 1188
SUPREME COURT OF INDIA

 Coverage of a firm is to be set aside when 10 or more persons were not employed
2008 LLR 1192
KERALA HIGH COURT

 Nursing homes not restricting to professional skills, rightly covered under Shops & Establishments Act.
2008 LLR 1195
PUNJAB AND HARYANA HIGH COURT

 Determination of provident fund dues without furnishing the reports etc. will be set aside.
2008 LLR 1198
BOMBAY HIGH COURT

 Merely that the Unit was running at a profit, the transfer on the shifting not to be malafides .
2008 LLR 1200
BOMBAY HIGH COURT

 In absence of any proof that it was not medically feasible, transfer can''t be set aside
2008 LLR 1200
BOMBAY HIGH COURT

 Transfer not to be stayed on the ground that Company not provided accommodation
2008 LLR 1200
BOMBAY HIGH COURT

 Reinstatement only on assumption that the worker worked for 258 days, will not be legal.
2008 LLR 1208
MADRAS HIGH COURT

 While reckoning 240 days, the double working on a day will not be counted.
2008 LLR 1208
MADRAS HIGH COURT

 Once the party fails on preliminary issues, then there is little to contend against the main case.
2008 LLR 1210
MADRAS HIGH COURT

 Unless the workmen are served with notice of enquiry, in the prescribed manner, exparte enquiries cannot be justified.
2008 LLR 1210
MADRAS HIGH COURT

 An award not to be interfered when Labour Court had gone into evidence as placed
2008 LLR 1210
MADRAS HIGH COURT

 A part-time worker is protected by the ID Act and cannot be fired at the will of employer.
2008 LLR 1214
SUPREME COURT OF INDIA

 A part-time worker will also be a ''workman'' under the Industrial Disputes Act.
2008 LLR 1214
SUPREME COURT OF INDIA

 Reinstatement with benefits will be appropriate to an illegally terminated workman
2008 LLR 1214
SUPREME COURT OF INDIA

 For claiming back wages, the workman has to bring material on record.
2008 LLR 1219
ANDHRA PRADESH HIGH COURT

 No back wages for interregnum in the absence of evidence of gainful employment
2008 LLR 1219
ANDHRA PRADESH HIGH COURT

 Employees of Bijli Vitran Nigam cannot avail of leave under Maternity Benefit Act.
2008 LLR 1222
PUNJAB AND HARYANA HIGH COURT

 Maternity benefit not admissible to an employee of PCS Rules, 1976 having more than two living children.
2008 LLR 1222
PUNJAB AND HARYANA HIGH COURT

 Closure of an establishment would not put an end to the pending industrial disputes. (SN)
2008 LLR 1224
SUPREME COURT OF INDIA

 Last drawn wages to be payable to dismissed workman if approval has been challenged. (SN)
2008 LLR 1225
DELHI HIGH COURT

 An Insurance Company can''t escape the liability to pay interest on delayed payment. (SN)
2008 LLR 1225
DELHI HIGH COURT

 Allowing unpaid salary u/s 33 C (2) of the I.D. Act by Labour Court on the basis of attendance register not to be interfered.
2008 LLR 1226
ALLAHABAD HIGH COURT

 An enquiry can be continued even after retirement when charge-sheet issued on the day of employee''s retirement.
2008 LLR 1226
SUPREME COURT OF INDIA

 For minor penalty, disciplinary proceedings need not be a detailed one.
2008 LLR 1226
SUPREME COURT OF INDIA

 High Court can exercise its discretionary jurisdiction to rectify injustice.
2008 LLR 1226
SUPREME COURT OF INDIA

 An Affidavit as filed by the Management, if not rebutted, will be presumed to be correct. (SN)
2008 LLR 1228
ALLAHABAD HIGH COURT

 After 30 days of publication, an Award of the Labour Court becomes final.
2008 LLR 1228
ALLAHABAD HIGH COURT

 In the absence of proof for illegal termination, the dispute is rightly rejected. (SN)
2008 LLR 1228
ALLAHABAD HIGH COURT

 A belated Appeal under Gratuity Act, will not be tenable in absence of attaching condonation application therewith. (SN)
2008 LLR 1229
BOMBAY HIGH COURT

 A dispute raised after 13 years of termination rightly rejected for reference.
2008 LLR 1229
KARNATAKA HIGH COURT

 Challenging option for voluntary retirement even after 3 years will not be rejected. (SN)
2008 LLR 1230
ANDHRA PRADESH HIGH COURT

 An appeal, against Award of the Compensation Commissioner, not to be interfered. (SN)
2008 LLR 1230
GUJARAT HIGH COURT

 Starting point for payment of accident compensation would be from the date of accident. (SN)
2008 LLR 1230
GUJARAT HIGH COURT

 Dismissal of bank officer for exceeding his managerial discretionary limit will be proper.
2008 LLR 1231
MADRAS HIGH COURT

 High degree of trust is a condition precedent for a bank employee. (SN)
2008 LLR 1231
MADRAS HIGH COURT

 A dispute not necessarily be espoused only by a union representing majority of workmen. (SN)
2008 LLR 1231
ANDHRA PRADESH HIGH COURT

 Ex-gratia payment being made since long would become condition of service.
2008 LLR 1231
ANDHRA PRADESH HIGH COURT

 No compensation when deceased workman died next day of developing chest pain. (SN)
2008 LLR 1232
MADRAS HIGH COURT