IMPORTANT JUDGEMENTS for December 2010

IMPORTANT JUDGEMENTS

 No compensation to legal heir on death due to heart attack.
2010 LLR 1249
MADHYA PRADESH HIGH COURT

 An apprentice has no right to be appointed after training.
2010 LLR 1252
HIMACHAL PRADESH HIGH COURT

 Gratuity of bank employee is rightly forfeited for causing loss to bank.
2010 LLR 1255
BOMBAY HIGH COURT

 Dismissal of employee, for defrauding the employer, is proper.
2010 LLR 1259
MADRAS HIGH COURT

 Factual findings of Disciplinary Authority will not be interfered in the writ.
2010 LLR 1259
MADRAS HIGH COURT

 Labour Court should decide fairness of enquiry as preliminary issue.
2010 LLR 1265
MADRAS HIGH COURT

 No deemed exemption from the Payment of Gratuity Act; in the absence of notification.
2010 LLR 1269
RAJASTHAN HIGH COURT

 Last drawn wages to be payable on employer''s failure to rebut.
2010 LLR 1270
CALCUTTA HIGH COURT

 A daily-rated employee is also a ''workman''. 
2010 LLR 1272
ALLAHABAD HIGH COURT

 Allowing regularisation of 113 ad hoc employees by Labour Court will not be interfered.
2010 LLR 1276
ORISSA HIGH COURT

 lubbing of six establishments e.g. five by sons and sixth by father is right under ESI Act.
2010 LLR 1277
DELHI HIGH COURT

 Cargo contractor has been rightly covered under Shop for ESI purposes.
2010 LLR 1280
DELHI HIGH COURT

 Transfer of an employee is an incident of service.
2010 LLR 1283
ANDHRA PRADESH HIGH COURT

 Industrial Tribunal erred in holding employee''s transfer to be not in administrative interest.
2010 LLR 1283
ANDHRA PRADESH HIGH COURT

 Employer is not obliged to hold an enquiry if employee fails to comply with transfer order.
2010 LLR 1283
ANDHRA PRADESH HIGH COURT

 Direction of Industrial Tribunal to employer to create post for the regularized workman is to be set aside.
2010 LLR 1285
ALLAHABAD HIGH COURT

 It is for the employer and not for Industrial Tribunal to create a permanent post.
2010 LLR 1285
ALLAHABAD HIGH COURT

 Prosecution for default of ESI contributions will be only if employer has its establishment.
2010 LLR 1286
PATNA HIGH COURT

 Approval for dismissal will be declined when worker has sent leave applications.
2010 LLR 1289
DELHI HIGH COURT

 Reinstatement appropriate when retrenchment compensation not paid on termination.
2010 LLR 1291
MADHYA PRADESH HIGH COURT

 Adverse inference is rightly drawn on employer''s failure to produce record despite directions.
2010 LLR 1291
MADHYA PRADESH HIGH COURT

 When workers failed to establish to have been engaged through the contractor, reference is rightly rejected.
2010 LLR 1291
MADHYA PRADESH HIGH COURT

 Government wrongly rejected the reference of dispute for adjudication.
2010 LLR 1293
RAJASTHAN HIGH COURT

 A worker, guilty for rash driving and causing accident, will not be entitled to compensation.
2010 LLR 1295
KARNATAKA HIGH COURT

 Charge-sheet issued by a high ranking and nominated officer cannot be illegal.
2010 LLR 1295
JHARKHAND HIGH COURT