IMPORTANT JUDGEMENTS for November 2013

IMPORTANT JUDGEMENTS

 Compensation is to be given for disease caused during employment.
2013 LLR 1121
SUPREME COURT OF INDIA

 Dismissal justified on failure to comply with transfer order.
2013 LLR 1122
DELHI HIGH COURT

 Transfer stipulated in contract of employment not to be vitiated.
2013 LLR 1122
DELHI HIGH COURT

 Unless perverse, an Award of Labour Court not to be interfered.
2013 LLR 1122
DELHI HIGH COURT

 Show-cause notice not required before termination of a probationer.
2013 LLR 1125
DELHI HIGH COURT

 Confirmation is not automatic even on expiry of probation period.
2013 LLR 1125
DELHI HIGH COURT

 Employer has to assess the performance of a probationer.
2013 LLR 1125
DELHI HIGH COURT

 Confirmation of a probationer has to be in writing.
2013 LLR 1125
DELHI HIGH COURT

 ESI returns showing 20 employees rightly relied for covering under Provident Fund Act.
2013 LLR 1127
BOMBAY HIGH COURT

 Failures of employer to produce record will not nullify coverage under provident fund
2013 LLR 1127
BOMBAY HIGH COURT

 Conditional acceptance of a resignation has no force.
2013 LLR 1129
BOMBAY HIGH COURT

 Compensation, instead of reinstatement, is appropriate to a daily wager
2013 LLR 1138
ALLAHABAD HIGH COURT

 Engaging part-time worker for regular jobs is unfair labour practice.
2013 LLR 1140
ALLAHABAD HIGH COURT

 Regularization of a part-time sweeper justified working for long time.
2013 LLR 1140
ALLAHABAD HIGH COURT

 Vacant posts must be filled up by PSU.
2013 LLR 1140
ALLAHABAD HIGH COURT

 Dismissal of workman for violence and killing of chowkidar will not be interfered.
2013 LLR 1146
GAUHATI HIGH COURT

 Termination on absence sans enquiry will be illegal.
2013 LLR 1149
GUJARAT HIGH COURT

 Back-wages on reinstatement is not automatic.
2013 LLR 1149
GUJARAT HIGH COURT

 Occasional administrative function will not deprive status of ''workman''.
2013 LLR 1149
GUJARAT HIGH COURT

 Labour Court/Tribunal has to confine its jurisdiction only to terms of reference.
2013 LLR 1157
SUPREME COURT OF INDIA

 A reference for adjudication has to reflect the exact nature of dispute.
2013 LLR 1157
SUPREME COURT OF INDIA

 Supreme Court will not interfere in factual finding of Tribunal as upheld by High Court.
2013 LLR 1161
SUPREME COURT OF INDIA

 Reinstatement for non-compliance of 25F of I.D. Act will not be interfered.
2013 LLR 1162
SUPREME COURT OF INDIA

 Statements of witnesses in the enquiry be recorded separately i.e. not in the presence of one another.
2013 LLR 1168
ANDHRA PRADESH HIGH COURT

 Reliance on the statements during police custody is erroneous.
2013 LLR 1168
ANDHRA PRADESH HIGH COURT

 Denial of opportunity to employer for cross-examination of EO & APFC violates natural justice.
2013 LLR 1171
GUJARAT HIGH COURT

 Proceedings conducted by the Provident Fund Authority to be quashed for non-furnishing copy of the report.
2013 LLR 1171
GUJARAT HIGH COURT

 Reporting duty, as drunk, will justify dismissal.
2013 LLR 1174
SUPREME COURT OF INDIA

 Regular enquiry is not necessary on admission of misconduct
2013 LLR 1174
SUPREME COURT OF INDIA

 In a school, a temple of learning, even a single misconduct would justify removal.
2013 LLR 1174
SUPREME COURT OF INDIA

 Proportionality of punishment depends upon several factors.
2013 LLR 1174
SUPREME COURT OF INDIA

 No regularization of 35,000 contract workers as engaged for non-sanctioned posts. 
2013 LLR 1178
DELHI HIGH COURT

 De novo enquiry is not permissible when Enquiry Officer exonerates delinquent.
2013 LLR 1182
DELHI HIGH COURT

 Non-supply of documents on the basis of which ESI contributions have been determined is violative of natural justice.
2013 LLR 1183
BOMBAY HIGH COURT

 An employer will pay gratuity when due within 30 days.
2013 LLR 1184
BOMBAY HIGH COURT

 Gratuity can''t be forfeited merely for incorrect date of birth.
2013 LLR 1184
BOMBAY HIGH COURT

 Determining of ESI contributions after 8 years of issuance of show cause notice will be quashed.
2013 LLR 1188
MADRAS HIGH COURT

 Section 7A order of RPFC will be quashed when copy of EO''s report not provided to employer.
2013 LLR 1190
GUJARAT HIGH COURT

 Writ is tenable for quashing irregularity by EPF Authority.
2013 LLR 1190
GUJARAT HIGH COURT

 Notice u/s 9A of Industrial Disputes Act is imperative on retrenchment due to rationalization.
2013 LLR 1192
DELHI HIGH COURT

 Misappropriation by employee justifies his dismissal.
2013 LLR 1197
ALLAHABAD HIGH COURT

 No violation of natural justice when delinquent fails to participate in enquiry.
2013 LLR 1197
ALLAHABAD HIGH COURT

 Abandonment presumed when the workman voluntarily stopped coming due to transfer of her husband.
2013 LLR 1201
RAJASTHAN HIGH COURT

 Interim order by tribunal not to be interfered by High Court.
2013 LLR 1204
KERALA HIGH COURT

 Waiver of pre-deposit for appeal is prerogative of EPF Appellate Tribunal.
2013 LLR 1204
KERALA HIGH COURT

 EPF Authority to calculate contributions by excluding the excluded employees.
2013 LLR 1204
KERALA HIGH COURT

 Reinstatement is proper in the absence of material stating abandonment.
2013 LLR 1206
HIMACHAL PRADESH HIGH COURT

 An employee, either temporary or probationer, will be a ''workman''.
2013 LLR 1208
KERALA HIGH COURT

 Employer-employee relationship should be decided as a preliminary issue.
2013 LLR 1208
KERALA HIGH COURT

 Unfair labour practice will be construed when dismissal is not in good faith.
2013 LLR 1208
KERALA HIGH COURT

 Cost may be imposed on EPF Authorities for harassing the Banker.
2013 LLR 1210
GUJARAT HIGH COURT

 Compulsory retirement for sexual harassment not to be interfered.
2013 LLR 1213
DELHI HIGH COURT

 Notice of change is not necessary for revival of beneficial Service Rules.
2013 LLR 1218
CALCUTTA HIGH COURT

 Compensation is justified when dead body of forest guard was found
2013 LLR 1221
BOMBAY HIGH COURT

 A resignation can be withdrawn before its acceptance is communicated.
2013 LLR 1229
BOMBAY HIGH COURT

 No hearing required while referring a dispute.
2013 LLR 1230
ALLAHABAD HIGH COURT