IMPORTANT JUDGEMENTS for November 2009

IMPORTANT JUDGEMENTS

 Preparation of sweets and beverages by using LPG will attract the coverage of ESI Act.
2009 LLR 1169
SUPREME COURT OF INDIA

 ESI Act is a social security legislation hence it must receive a liberal construction so as to promote its objects.
2009 LLR 1169
SUPREME COURT OF INDIA

 An LPG cylinder would qualify as an appliance which provides ''power'' hence within the purview of ''manufacturing process'' for coverage under ESI Act.
2009 LLR 1169
SUPREME COURT OF INDIA

 Appointments made for fixed-term and not renewed, are excluded from retrenchment.
2009 LLR 1174
DELHI HIGH COURT

 Employer-employee relationship cannot be established between a driver and the bank if engaged by an Executive in his personal capacity.
2009 LLR 1176
DELHI HIGH COURT

 Diverting customers of an employer to another establishment, by an employee, amounts to serious misconduct.
2009 LLR 1176
DELHI HIGH COURT

 Driving under influence of liquor and hitting another car will amount to serious misconduct.
2009 LLR 1177
DELHI HIGH COURT

 No damages payable when termination of employee is not against contract of service.
2009 LLR 1179
DELHI HIGH COURT

 Court dealing with the review application cannot act as an Appellate Court and consider the merits of the judgment.
2009 LLR 1183
ALLAHABAD HIGH COURT

 When an employee wrote resignation in her own handwriting, she cannot wriggle out.
2009 LLR 1184
GUJARAT HIGH COURT

 High Court not to interfere after acquittal of employee whose dispute for adjudication was rejected.
2009 LLR 1186
RAJASTHAN HIGH COURT

 Reinstatement of Research Assistant sans retrenchment compensation will be appropriate.
2009 LLR 1187
RAJASTHAN HIGH COURT

 A daily wager also works in temporary capacity; he is not a permanent employee.
2009 LLR 1189
ALLAHABAD HIGH COURT

 Attachment for recovery of provident fund to remain in abeyance, during pendency of review proceeding.
2009 LLR 1191
MADRAS HIGH COURT

 Unless ESI dues determined, initiation of recovery proceedings be quashed.
2009 LLR 1193
PATNA HIGH COURT

 Provident Funds Act will continue to apply even when number of workers falls below prescribed limit.
2009 LLR 1195
MADRAS HIGH COURT

 Rejection of employer''s plea before EPF authorities on applicability of the Act will not be interfered.
2009 LLR 1195
MADRAS HIGH COURT

 Mere designation of a Manager of factory as a General Manager will not absolve him from prosecution.
2009 LLR 1198
JHARKHAND HIGH COURT

 No irregularity in filing complaint under Factories Act for violation within prescribed limitation.
2009 LLR 1198
JHARKHAND HIGH COURT

 Punishment to workman will not be interfered if he failed to challenge the validity.
2009 LLR 1200
GUJARAT HIGH COURT

 Rejection of compensation claim merely because of delay in issuing notice is not proper.
2009 LLR 1201
CHHATTISGARH HIGH COURT

 Compassionate appointment aims at enabling the penurious family to tide over certain financial crisis.
2009 LLR 1203
CHHATTISGARH HIGH COURT

 Conciliation Officer is not empowered to decide as to whether the enquiry is valid or not.
2009 LLR 1204
CALCUTTA HIGH COURT

 An offence will not be wiped out even if provident fund dues are paid subsequently.
2009 LLR 1208
CALCUTTA HIGH COURT

 Labour Court erred in setting aside dismissal of a workman for loss of confidence.
2009 LLR 1209
PUNJAB AND HARYANA HIGH COURT

 Merely because the workman has been acquitted in criminal case, it will not absolve him from the disciplinary proceedings.
2009 LLR 1209
PUNJAB AND HARYANA HIGH COURT

 Object of Industrial Disputes Act is to maintain industrial peace and harmony.
2009 LLR 1209
PUNJAB AND HARYANA HIGH COURT

 Dismissal for attempting to steal employer''s property is not improper.
2009 LLR 1209
PUNJAB AND HARYANA HIGH COURT

 On stealing the employer''s property, no leniency should be shown in punishment.
2009 LLR 1209
PUNJAB AND HARYANA HIGH COURT

 Claim for salary under section 33C (2) of the I.D. Act not tenable unless adjudicated.
2009 LLR 1214
PATNA HIGH COURT

 A conditional resignation not to be accepted.
2009 LLR 1215
BOMBAY HIGH COURT

 Approval for dismissal not proper when there was no cogent evidence for burning the bus.
2009 LLR 1216
KARNATAKA HIGH COURT

 It is not necessary that a crime must be committed inside the factory premises.
2009 LLR 1216
KARNATAKA HIGH COURT

 Managing Director of a Company, in his personal capacity, can''t be responsible to pay gratuity.
2009 LLR 1223
GUJARAT HIGH COURT

 Interest over interest for delayed gratuity not proper on nonpayment hence liable to be set aside.
2009 LLR 1223
GUJARAT HIGH COURT

 Managing Director will be responsible for payment of gratuity from assets of Company.
2009 LLR 1223
GUJARAT HIGH COURT

 In absence of nomination by deceased employee, payment of gratuity cannot be denied.
2009 LLR 1223
GUJARAT HIGH COURT

 Gratuity cannot be denied on the ground that the employee or his legal heirs have not vacated the company quarter.
2009 LLR 1223
GUJARAT HIGH COURT

 Approval for dismissal rightly granted when workman abused and assaulted the superior officer.
2009 LLR 1231
GAUHATI HIGH COURT

 Reinstatement of a workman, guilty of abusing and assaulting the superior authority, is liable to be set aside.
2009 LLR 1231
GAUHATI HIGH COURT

 Dismissal of a cashier, for shortage of cash, would not be interfered.
2009 LLR 1235
MADRAS HIGH COURT

 Provident fund as determined should not be recovered till expiry of the period for appeal.
2009 LLR 1238
GUJARAT HIGH COURT

 A review application cannot be an appeal in disguise.
2009 LLR 1238
GUJARAT HIGH COURT

 In exceptional circumstances, the delay even beyond additional 60 days for filing the gratuity appeal, can be condoned.
2009 LLR 1242
GUJARAT HIGH COURT

 Reinstatement, but without back-wages, would be appropriate if a driver dismissed for rash and negligent driving only.
2009 LLR 1245
SUPREME COURT OF INDIA

 Remedy provided under a particular Act should be resorted to, instead of writ petition.
2009 LLR 1246
HIMACHAL PRADESH HIGH COURT

 Single Judge erred in accepting writ petition in setting aside the settlement made individually and the workers have received has their dues.
2009 LLR 1246
HIMACHAL PRADESH HIGH COURT

 There is marked distinction between a daily wager and a permanent employee.
2009 LLR 1254
SUPREME COURT OF INDIA

 Reinstatement & back-wages is not justified merely because worker has put in 240 days'' service.
2009 LLR 1254
SUPREME COURT OF INDIA

 Reinstatement, that too with full back-wages, is not automatic hence the workman can be compensated in terms of money.
2009 LLR 1254
SUPREME COURT OF INDIA

 Tribunal travelled beyond scope of reference in directing not only reinstatement but also regularization.
2009 LLR 1258
DELHI HIGH COURT

 Termination for false certificates in procuring employment cannot be faulted when the workman did not rebut the allegation.
2009 LLR 1260
CHHATTISGARH HIGH COURT

 Natural justice requires that in determination of ESI contribution workers, being beneficiaries, must be heard.
2009 LLR 1262
SUPREME COURT OF INDIA

 Workers and/or union must be heard by the Court in labourrelated disputes.
2009 LLR 1264
SUPREME COURT OF INDIA

 Natural justice requires that in determination of ESI contribution workers, being beneficiaries, must be heard.
2009 LLR 1264
SUPREME COURT OF INDIA

 When an employer challenges coverage under ESI, workers or union must be made party.
2009 LLR 1264
SUPREME COURT OF INDIA

 Reinstatement with stoppage of one increment for mere absence without leave is proper.
2009 LLR 1267
PUNJAB AND HARYANA HIGH COURT

 Labour Court erred in setting aside dismissal of workman stating that he had no intention to commit theft.
2009 LLR 1268
ANDHRA PRADESH HIGH COURT

 PF contributions wrongly levied for construction workers because of their being unidentifiable.
2009 LLR 1270
JHARKHAND HIGH COURT

 If employer and employees agree to avoid payment of provident fund contribution, the result would be disastrous.
2009 LLR 1272
KERALA HIGH COURT

 Tribunal erred in setting aside order holding that interim relief will attract PF contributions.
2009 LLR 1272
KERALA HIGH COURT

 Drivers, engaged by the executives, will not to be treated as employees of the Company for coverage under Provident Fund Act.
2009 LLR 1274
KARNATAKA HIGH COURT

 On transfer of an establishment both the transferor and the transferee will be liable jointly and severally for payment of ESI dues.
2009 LLR 1276
KERALA HIGH COURT

 Employees'' Insurance Court is empowered to reappraise and reassess evidence in appeal.
2009 LLR 1277
KARNATAKA HIGH COURT

 When father of the deceased stated to have no earning, the compensation petition filed by him will be tenable.
2009 LLR 1277
KARNATAKA HIGH COURT

 Termination of a workman, who worked for 240 days, will be illegal since no retrenchment compensation has been paid.
2009 LLR 1278
GUJARAT HIGH COURT

 A review of the order of Industrial Court can be only in rare cases.
2009 LLR 1278
BOMBAY HIGH COURT

 Encashment of special leave cannot be denied merely because the employee is not able to go out of station for medical treatment.
2009 LLR 1279
BOMBAY HIGH COURT