IMPORTANT JUDGEMENTS for November 2014

IMPORTANT JUDGEMENTS

 Pension and gratuity are not bounty to be distributed by employer.
2014 LLR 1121
SUPREME COURT OF INDIA

 Productivity linked bonus, paid to all employees, would not be treated as ''wages'' for provident fund contributions.
2014 LLR 1122
DELHI HIGH COURT

 Workers of contractor when not paid by principal employer cannot become employees of latter.
2014 LLR 1122
DELHI HIGH COURT

 Mere submission of application for leave does not mean that it is sanctioned.
2014 LLR 1128
DELHI HIGH COURT

 Removal not justified when the absence is without leave.
2014 LLR 1128
DELHI HIGH COURT

 Abandonment for absence of 10 days is not justified.
2014 LLR 1128
DELHI HIGH COURT

 Fixed-term appointment is excluded by ''retrenchment''.
2014 LLR 1131
DELHI HIGH COURT

 Principal employer is liable to pay compensation to employees of contractor.
2014 LLR 1136
BOMBAY HIGH COURT

 Reinstatement with back-wages appropriate when Management fails to establish misconduct against the workman.
2014 LLR 1140
BOMBAY HIGH COURT

 Finding of facts by Labour Court/Tribunal can be challenged if there is perversity.
2014 LLR 1140
BOMBAY HIGH COURT

 Once a dispute is referred, the Tribunal must resolve the same.
2014 LLR 1146
ANDHRA PRADESH HIGH COURT

 Prejudice can be caused for non-supply of documents of enquiry report.
2014 LLR 1151
ORISSA HIGH COURT

 50% and not full back-wages when there is inordinate delay in raising dispute.
2014 LLR 1151
ORISSA HIGH COURT

 Reinstatement with back-wages not a rule
2014 LLR 1157
ALLAHABAD HIGH COURT

 Compensation is appropriate on delay in challenging termination.
2014 LLR 1157
ALLAHABAD HIGH COURT

 Dismissal not disproportionate when a bank employee has lost confidence.
2014 LLR 1164
JHARKHAND HIGH COURT

 Removal of bank employee justified when found guilty of embezzlement.
2014 LLR 1164
JHARKHAND HIGH COURT

 A bank employee must observe high standard of integrity.
2014 LLR 1164
JHARKHAND HIGH COURT

 Only Insurance Court can decide coverage of establishment under ESI.
2014 LLR 1168
KERALA HIGH COURT

 Supervision and control by an employer is a decisive factor for determination of relationship of employer and employee.
2014 LLR 1171
PUNJAB AND HARYANA HIGH COURT

 Adverse inference is to be drawn on not producing record.
2014 LLR 1171
PUNJAB AND HARYANA HIGH COURT

 Six years of unexplained delay in filing writ would not justify any relief.
2014 LLR 1173
PUNJAB AND HARYANA HIGH COURT

 Six years of unexplained delay in filing writ would not justify any relief.
2014 LLR 1173
PUNJAB AND HARYANA HIGH COURT

 Pre-deposit of awarded amount is a must for filing appeal under Employees'' Compensation Act.
2014 LLR 1177
JAMMU AND KASHMIR HIGH COURT

 Non-deposit of awarded amount on filing appeal under Employees'' Compensation Act cannot be rectified by offering payment.
2014 LLR 1177
JAMMU AND KASHMIR HIGH COURT

 Back-wages not justified when unemployment is not established.
2014 LLR 1179
RAJASTHAN HIGH COURT

 Abandonment can be presumed without holding of enquiry for absence.
2014 LLR 1186
UTTARAKHAND HIGH COURT

 Reinstatement to follow when enquiry is vitiated
2014 LLR 1186
UTTARAKHAND HIGH COURT

 Reinstatement to a habitual absentee is not proper.
2014 LLR 1187
UTTARAKHAND HIGH COURT

 Dismissal for habitual absence would be justified without enquiry.
2014 LLR 1187
UTTARAKHAND HIGH COURT

 Opportunity to delinquent must be given when disciplinary authority differs with findings of the Enquiry Officer.
2014 LLR 1189
MADRAS HIGH COURT

 Labour Court can set aside dismissal when it is arbitrary and vindictive.
2014 LLR 1192
MADRAS HIGH COURT

 High Court will interfere punishment when it is shockingly disproportionate.
2014 LLR 1192
MADRAS HIGH COURT

 Ex-gratia can''t be claimed as a matter of right.
2014 LLR 1201
GUJARAT HIGH COURT

 State and not central government would be appropriate government under CLRA Act. 
2014 LLR 1205
HIMACHAL PRADESH HIGH COURT

 Prosecution of Managing Director under Maternity Benefit Act not proper when he was not dealing day-to-day affairs.
2014 LLR 1208
KERALA HIGH COURT

 Retrenchment compensation is a must for workman having worked for 240 days.
2014 LLR 1210
PUNJAB AND HARYANA HIGH COURT

 A plea, when not taken before Labour Court, can''t be taken in the High Court.
2014 LLR 1210
PUNJAB AND HARYANA HIGH COURT

 Onus of proof shifts upon employer when workman pleads unemployment.
2014 LLR 1210
PUNJAB AND HARYANA HIGH COURT

 Problems of handicapped person must be attended with utmost human touch.
2014 LLR 1210
PUNJAB AND HARYANA HIGH COURT

 While recovering EPF arrears at first instance the attached assets be sold.
2014 LLR 1212
UTTARAKHAND HIGH COURT

 Reasons for condonation of delay are imperative when application for minimum wages filed after six months.
2014 LLR 1214
PATNA HIGH COURT

 Payment of overtime cannot be denied even if it is beyond 50 hours in a quarter.
2014 LLR 1215
PATNA HIGH COURT

 Any finding of the Enquiry Officer, on mere suspicion, is not sustainable.
2014 LLR 1217
CALCUTTA HIGH COURT

 Unless a Director has ultimate control over the management of an establishment, he cannot be prosecuted for violation of ESI Act.
2014 LLR 1221
KARNATAKA HIGH COURT

 Representation by a lawyer in domestic enquiry is not permissible.
2014 LLR 1224
KARNATAKA HIGH COURT