IMPORTANT JUDGEMENTS for November 2015

IMPORTANT JUDGEMENTS

 Casual or temporary workers have no vested right to be regularized.
2015 LLR 1121
SUPREME COURT OF INDIA

 Compensation, instead of reinstatement, of a daily-wager is appropriate.
2015 LLR 1125
SUPREME COURT OF INDIA

 Direct supervision by principal employer over contractor''s workers will make contract sham.
2015 LLR 1126
DELHI HIGH COURT

 In a sham contract, employees of contractor would be treated as employees of the principal employer.
2015 LLR 1126
DELHI HIGH COURT

 Mere payment of wages by principal employer will not render the contract as sham.
2015 LLR 1126
DELHI HIGH COURT

 An enquiry is illegal if it is not conducted by an impartial Officer.
2015 LLR 1129
DELHI HIGH COURT

 Holding of enquiry by Legal Adviser of establishment will not be fair.
2015 LLR 1129
DELHI HIGH COURT

 Bias to be presumed if Enquiry Officer ignores evidence of workmen.
2015 LLR 1129
DELHI HIGH COURT

 For imposing damages, mens rea in late deposit of EPF contributions would be relevant.
2015 LLR 1132
DELHI HIGH COURT

 Damages cannot be levied mechanically for delayed provident fund dues.
2015 LLR 1132
DELHI HIGH COURT

 EPF Act not contemplates that default be in existence when proceedings under section 14B are initiated.
2015 LLR 1132
DELHI HIGH COURT

 It is wrong that EPF Authority has no power to waive or lower the penalty.
2015 LLR 1132
DELHI HIGH COURT

 Mere corporate office will not vest the Labour Court with territorial jurisdiction.
2015 LLR 1136
DELHI HIGH COURT

 Situs of employment is relevant for determining territorial jurisdiction.
2015 LLR 1136
DELHI HIGH COURT

 Bank guarantee also meets the mandatory requirement of pre-deposit for filing appeal in EPF Tribunal.
2015 LLR 1143
DELHI HIGH COURT

 No compensation when deceased was not working at the time of accident.
2015 LLR 1144
DELHI HIGH COURT

 ESI benefits not available to dependants of deceased if not covered under the Act.
2015 LLR 1144
DELHI HIGH COURT

 Bus conductor, guilty of misappropriation, not fit to be retained.
2015 LLR 1145
DELHI HIGH COURT

 Strict rules of Evidence Act not to apply in domestic enquiries.
2015 LLR 1145
DELHI HIGH COURT

 When approval is not granted, reinstatement is appropriate.
2015 LLR 1155
DELHI HIGH COURT

 Approval for dismissal of a workman is to be declined when no evidence is produced. Enquiry vitiated if Management fails to lead evidence of charges.
2015 LLR 1155
DELHI HIGH COURT

 Clean past record is irrelevant for punishment for misappropriation.
2015 LLR 1161
BOMBAY HIGH COURT

 Amount of misappropriation is insignificant for imposition of punishment.
2015 LLR 1161
BOMBAY HIGH COURT

 Dismissal justified when employee was punished for 9 times in 11 years.
2015 LLR 1161
BOMBAY HIGH COURT

 Adjudication not to be stalled by moving writ petition on preliminary issue.
2015 LLR 1166
GAUHATI HIGH COURT

 If enquiry is vitiated, Management has to request for adducing evidence.
2015 LLR 1166
GAUHATI HIGH COURT

 Regularisation can''t be claimed under Contract Labour (R&A) Act.
2015 LLR 1170
GAUHATI HIGH COURT

 Workman to prove relationship of ''employer-employee''.
2015 LLR 1170
GAUHATI HIGH COURT

 High Court will interfere in an Award when perversity is noticed.
2015 LLR 1170
GAUHATI HIGH COURT

 Terminated workman, on acquittal, can''t be denied back-wages.
2015 LLR 1174
PATNA HIGH COURT

 New Management, obtaining new electricity connection etc. would not establish the closure of the old industry.
2015 LLR 1177
PATNA HIGH COURT

 Non-reporting for duty is not conclusive of intention to abandon the job.
2015 LLR 1182
PUNJAB AND HARYANA HIGH COURT

 Opportunity must be given by RPFC before imposition of damages upon defaulting employer.
2015 LLR 1184
PUNJAB AND HARYANA HIGH COURT

 Damages and interest for delayed deposit of dues can''t always be fastened upon the transferee.
2015 LLR 1184
PUNJAB AND HARYANA HIGH COURT

 Reinstatement with back-wages is proper when retrenchment compensation not paid. 
2015 LLR 1187
PUNJAB AND HARYANA HIGH COURT

 Employer has to state reasons for denial of reinstatement.
2015 LLR 1187
PUNJAB AND HARYANA HIGH COURT

 Writ Court not to interfere into factual findings of Labour Court.
2015 LLR 1187
PUNJAB AND HARYANA HIGH COURT

 A Director or Managing Director is coverable under Provident Fund.
2015 LLR 1189
DELHI HIGH COURT

 Termination of probationer is punitive if it affects his reputation.
2015 LLR 1192
DELHI HIGH COURT

 Termination of services is justified for causing sexual harassment.
2015 LLR 1195
DELHI HIGH COURT

 Delay in complaining sexual harassment is not fatal.
2015 LLR 1195
DELHI HIGH COURT

 Removal is justified for proved misappropriation of money.
2015 LLR 1205
DELHI HIGH COURT

 Raising demand after years is the indicator of intention of a workman.
2015 LLR 1208
PUNJAB AND HARYANA HIGH COURT

 Employer is not expected to know whereabouts of absentee workman.
2015 LLR 1208
PUNJAB AND HARYANA HIGH COURT

 Complaint filed within three months from date of occurrence is not time-barred.
2015 LLR 1212
JHARKHAND HIGH COURT

 Forfeiture of gratuity on termination for prescribed misconducts justified.
2015 LLR 1215
DELHI HIGH COURT

 Theft is a serious misconduct, justifying breach of confidence.
2015 LLR 1217
UTTARAKHAND HIGH COURT

 Dismissal justified when theft of property is admitted by employee.
2015 LLR 1217
UTTARAKHAND HIGH COURT