IMPORTANT JUDGEMENTS for November 2011

IMPORTANT JUDGEMENTS

 Employers need not pay provident fund higher than prescribed limit.
2011 LLR 1130
SUPREME COURT OF INDIA

 A vague charge-sheet will vitiate enquiry.
2011 LLR 1121
SUPREME COURT OF INDIA

 Delinquent should be heard when Disciplinary Authority differs with Enquiry Officer.
2011 LLR 1121
SUPREME COURT OF INDIA

 Gross indiscipline will justify termination.
2011 LLR 1164
PUNJAB AND HARYANA HIGH COURT

 Gratuity can''t be claimed before the Labour Court .
2011 LLR 1170
ANDHRA PRADESH HIGH COURT

 Compensation, not reinstatement, appropriate when the workman worked for a short period.
2011 LLR 1143
DELHI HIGH COURT

 Travelling allowance is excluded from ''wages'' under ESI Act.
2011 LLR 1174
ANDHRA PRADESH HIGH COURT

 Allowances not included while calculating overtime.
2011 LLR 1168
KERALA HIGH COURT

 A charge-sheet for theft should be precise.
2011 LLR 1149
MADRAS HIGH COURT

 Charge of theft against workman must be supported with evidence.
2011 LLR 1149
MADRAS HIGH COURT

 Notification of coverage can be challenged in EPF Tribunal.
2011 LLR 1148
BOMBAY HIGH COURT

 A settlement with majority union binds all including non-members.
2011 LLR 1133
DELHI HIGH COURT

 Settlement for specific duration will remain effective till substituted.
2011 LLR 1133
DELHI HIGH COURT

 An Award, based on bad reference, will be illegal.
2011 LLR 1133
DELHI HIGH COURT

 Removal justified when the employee neither complies transfer nor appears before medical board.
2011 LLR 1139
DELHI HIGH COURT

 Dispensation of enquiry appropriate when not possible.
2011 LLR 1139
DELHI HIGH COURT

 Completion of 240 days work will attract section 25F of I.D. Act.
2011 LLR 1143
DELHI HIGH COURT

 An Award can''t be set aside after 30 days of its publication.
2011 LLR 1166
KARNATAKA HIGH COURT

 Nature of duties, not designation, is determining factor for ''workman''.
2011 LLR 1166
KARNATAKA HIGH COURT

 Order of EPF Tribunal, without hearing Appellant, will be set aside.
2011 LLR 1146
BOMBAY HIGH COURT

 High Court will interfere when the Award is not supported with reasons.
2011 LLR 1170
ANDHRA PRADESH HIGH COURT

 Mere submission of application cannot be presumed the grant of leave.
2011 LLR 1197
DELHI HIGH COURT

 Enquiry will be vitiated when Enquiry Officer appeared as witness.
2011 LLR 1188
PUNJAB AND HARYANA HIGH COURT

 Bias against Enquiry Officer is untenable without supporting reasons.
2011 LLR 1164
PUNJAB AND HARYANA HIGH COURT

 Non-supply of list of documents would not vitiate an enquiry.
2011 LLR 1164
PUNJAB AND HARYANA HIGH COURT

 Levy of damages for delayed deposit of contributions, without ascertaining its frequency, not proper.
2011 LLR 1156
MADRAS HIGH COURT

 Functional integrality of establishments to justify clubbing for coverage under Provident Funds Act.
2011 LLR 1124
SUPREME COURT OF INDIA

 Termination of dishonest employee will not be interfered.
2011 LLR 1210
DELHI HIGH COURT

 Dismissal is proper when the employee lost confidence of employer.
2011 LLR 1210
DELHI HIGH COURT

 A mistake can always be corrected at any time.
2011 LLR 1168
KERALA HIGH COURT

 Protection from illegal termination only when workman worked for 240 days.
2011 LLR 1215
PUNJAB AND HARYANA HIGH COURT

 Full back wages proper when employment not established.
2011 LLR 1217
PUNJAB AND HARYANA HIGH COURT

 Termination of probationer during probation can''t be illegal.
2011 LLR 1208
DELHI HIGH COURT

 Non-compliance of 25 F of ID Act will attract reinstatement with full back wages.
2011 LLR 1218
PUNJAB AND HARYANA HIGH COURT

 No compensation when the driver was killed by another driver.
2011 LLR 1221
ANDHRA PRADESH HIGH COURT

 Non-compliance of transfer order establishes serious misconducts.
2011 LLR 1197
DELHI HIGH COURT

 Dismissal justified when employee fails to comply transfer order.
2011 LLR 1197
DELHI HIGH COURT

 Unless some prejudice is shown, the Principal can be the Presenting Officer in the enquiry.
2011 LLR 1201
DELHI HIGH COURT

 Courts will not interfere with enquiry when the delinquent failed to participate. 
2011 LLR 1201
DELHI HIGH COURT

 Pre-deposit for maintainability of appeal before EPF Appellate Tribunal against escaped amount is not necessary.
2011 LLR 1193
BOMBAY HIGH COURT

 An Award of Labour Court is not justified if it has failed to appreciate the recorded evidence.
2011 LLR 1191
DELHI HIGH COURT

 Termination is untenable when enquiry is vitiated.
2011 LLR 1188
PUNJAB AND HARYANA HIGH COURT