IMPORTANT JUDGEMENTS for December 2008

IMPORTANT JUDGEMENTS

 Termination of a bus conductor served for three months will not be retrenchment.
2008 LLR 1233
SUPREME COURT OF INDIA

 When a workman was engaged for fixed period, his termination will not be illegal.
2008 LLR 1233
SUPREME COURT OF INDIA

 A Director or Manager sans administrative powers will be a ''workman''.
2008 LLR 1236
BOMBAY HIGH COURT

 High Court in a writ can demolish the order which it considers to be without jurisdiction or manifestly erroneous.
2008 LLR 1238
RAJASTHAN HIGH COURT

 High Court not to interfere when workman stated that contract of service has expired.
2008 LLR 1238
RAJASTHAN HIGH COURT

 In writs jurisdiction, High Court acts in supervisory capacity and not Appellate Tribunal.
2008 LLR 1238
RAJASTHAN HIGH COURT

 Electricity Board, as principal employer, has to state wages of the deceased for calculation of accident compensation.
2008 LLR 1241
MADRAS HIGH COURT

 Insurance Court has rightly held that coverage of the establishment under ESI Act was not proper.
2008 LLR 1243
MADRAS HIGH COURT

 High Court will not interfere in the factual finding of Insurance Court .
2008 LLR 1243
MADRAS HIGH COURT

 While adjudicating a dispute, framing only preliminary issues will not be proper.
2008 LLR 1246
BOMBAY HIGH COURT

 An enquiry not to be vitiated when no prejudice is caused to delinquent.
2008 LLR 1248
BOMBAY HIGH COURT

 Dismissal of the workman guilty of poor performance, assault and misbehavior with superior is valid.
2008 LLR 1248
BOMBAY HIGH COURT

 Enquiry held in Marathi will not be invalid in the absence of protest during its proceedings.
2008 LLR 1248
BOMBAY HIGH COURT

 Conviction of the employer for non-implementation of an unpublished Award liable to be set aside.
2008 LLR 1251
ORISSA HIGH COURT

 A claim under section 33 C (2) of the I.D. Act based on ''equal work, equal wages'' will be tenable.
2008 LLR 1253
ALLAHABAD HIGH COURT

 Once the awarded amount is paid by employer, no further recovery can be claimed.
2008 LLR 1253
ALLAHABAD HIGH COURT

 Retrenchment compensation, as paid to reinstated workman, would be adjusted against his retiral benefits.
2008 LLR 1254
ALLAHABAD HIGH COURT

 Insurance Company cannot wriggle out the liability for payment of accident compensation except interest.
2008 LLR 1256
JHARKHAND HIGH COURT

 Deduction from salary cannot exceed 75% if worker is covered by Payment of Wages Act.
2008 LLR 1258
ANDHRA PRADESH HIGH COURT

 When ESIC did not plead that respondent was running the factory or is its occupier, the liability for contribution is quashed.
2008 LLR 1259
MADRAS HIGH COURT

 Conciliation Officer cannot usurp the powers of adjudicator in not making reference of a dispute.
2008 LLR 1261
ALLAHABAD HIGH COURT

 ESIC not empowered to direct employer to deposit amount, only then to hear his objections.
2008 LLR 1262
ALLAHABAD HIGH COURT

 Back-wages cannot be given in a routine manner since the workman has to prove his unemployment.
2008 LLR 1263
CALCUTTA HIGH COURT

 No back-wages can be awarded when the workman did not make his claim.
2008 LLR 1263
CALCUTTA HIGH COURT

 Back-wages will be awarded only for interregnum on order and resumption of duty on reinstatement.
2008 LLR 1263
CALCUTTA HIGH COURT

 Fresh employment, during pendency of employee''s industrial dispute conditionally not to claim benefit of seniority, not legal.
2008 LLR 1266
ALLAHABAD HIGH COURT

 In a prosecution, launched under Factories Act, the Magistrate cannot direct the accused to produce the register.
2008 LLR 1268
JHARKHAND HIGH COURT

 Objection to representation through an advocate not tenable when representative of Union is advocate.
2008 LLR 1269
ANDHRA PRADESH HIGH COURT

 Rejection of Union''s plea to implead principal employer in an industrial dispute not to be interfered.
2008 LLR 1271
ORISSA HIGH COURT

 Authority under Payment of Wages Act is not empowered to review its decision.
2008 LLR 1273
ALLAHABAD HIGH COURT

 Prosecution of Managing Director for not producing records under Minimum Wages Act is quashed when Company not impleaded
2008 LLR 1275
DELHI HIGH COURT

 Rejection of application for approval of workman''s dismissal is declined since the employer can lead further evidence.
2008 LLR 1276
MADRAS HIGH COURT

 An employer cannot be directed to provide work to a suspended employee.
2008 LLR 1278
JHARKHAND HIGH COURT

 While rejecting an appeal, the High Court must give reasons, howsoever brief may be.
2008 LLR 1279
SUPREME COURT OF INDIA