IMPORTANT JUDGEMENTS for December 2014

IMPORTANT JUDGEMENTS

 Relief of back-wages on reinstatement will depend upon gainful employment.
2014 LLR 1233
ALLAHABAD HIGH COURT

 No compensation when occurring of accident not proved during employment.
2014 LLR 1234
ALLAHABAD HIGH COURT

 Relationship of employer-employee must be established on claim for compensation in accident.
2014 LLR 1234
ALLAHABAD HIGH COURT

 If offending vehicle is not insured, owner is liable to pay accident compensation.
2014 LLR 1234
ALLAHABAD HIGH COURT

 Compensation will depend on personal injury caused to a workman by accident arising out of and in course of employment.
2014 LLR 1234
ALLAHABAD HIGH COURT

 Show cause notice is sufficient compliance of principles of natural justice.
2014 LLR 1235
JHARKHAND HIGH COURT

 Bihar Factories Rules do not contemplate personal hearing before revoking competency certificate.
2014 LLR 1235
JHARKHAND HIGH COURT

 Non-service of notice of accident is an offence under Bihar Factories Rules.
2014 LLR 1237
JHARKHAND HIGH COURT

 Legality of an order by the Court can be judged on materials on record
2014 LLR 1237
JHARKHAND HIGH COURT

 Reinstatement is not a thumb rule on termination of every daily-wager.
2014 LLR 1238
PUNJAB AND HARYANA HIGH COURT

 Compensation instead of reinstatement appropriate when termination is illegal.
2014 LLR 1238
PUNJAB AND HARYANA HIGH COURT

 Abandonment of employment depends upon intention of a workman.
2014 LLR 1240
PUNJAB AND HARYANA HIGH COURT

 Employer''s refusal to workman to resume duties would establish that he has not abandoned his job.
2014 LLR 1240
PUNJAB AND HARYANA HIGH COURT

 Reinstatement justified when a workman has been illegally retrenched.
2014 LLR 1240
PUNJAB AND HARYANA HIGH COURT

 Even abandonment of job by a workman would attract section 25F of the I.D. Act.
2014 LLR 1240
PUNJAB AND HARYANA HIGH COURT

 Provident Fund Commissioner cannot challenge the order reversed by EPF Appellate Tribunal.
2014 LLR 1242
CALCUTTA HIGH COURT

 EPF Authority cannot be aggrieved party when its order is set aside by the EPF Appellate Tribunal.
2014 LLR 1242
CALCUTTA HIGH COURT

 Failure of workman to prove working of 240 days will not vitiate termination.
2014 LLR 1244
RAJASTHAN HIGH COURT

 Initially it is for workman to prove 240 days working before his termination.
2014 LLR 1244
RAJASTHAN HIGH COURT

 Back-wages rightly denied in the absence of proof for unemployment.
2014 LLR 1246
UTTARAKHAND HIGH COURT

 Reinstatement to a workman, after 10 years of termination is unjustified.
2014 LLR 1246
UTTARAKHAND HIGH COURT

 Lump sum compensation is appropriate after 10 years of termination of services.
2014 LLR 1246
UTTARAKHAND HIGH COURT

 Holding of enquiry is imperative for termination even for misappropriation.
2014 LLR 1247
MANIPUR HIGH COURT

 Enquiry to be quashed if enquiry report along with second show-cause notice is not supplied to delinquent.
2014 LLR 1247
MANIPUR HIGH COURT

 More beneficial gratuity scheme, over Payment of Gratuity Act, is permissible
2014 LLR 1249
KARNATAKA HIGH COURT

 No wages, under section 17-B of Industrial Disputes Act, after superannuation.
2014 LLR 1250
DELHI HIGH COURT

 Contract of employment between a workman and his employer comes to an end with superannuation of workman.
2014 LLR 1250
DELHI HIGH COURT

 Purpose of section 17-B of the Industrial Disputes Act, 1947 is not to punish the employer.
2014 LLR 1250
DELHI HIGH COURT

 Full back-wages on reinstatement when workman proved unemployment during interregnum.
2014 LLR 1254
BOMBAY HIGH COURT

 High Court will interfere when back-wages are denied on illegal termination.
2014 LLR 1254
BOMBAY HIGH COURT

 Full back-wages when termination of workman is not on technical ground.
2014 LLR 1254
BOMBAY HIGH COURT

 Denial of 50% back-wages without supporting reasons not justified. 
2014 LLR 1254
BOMBAY HIGH COURT

 Reinstatement is justified when the workman has served for a long period with unblemished record. 
2014 LLR 1254
BOMBAY HIGH COURT

 A hospital engaged in welfare activities is an ''industry'' under I.D. Act.
2014 LLR 1259
BOMBAY HIGH COURT

 Back-wages on reinstatement to a dishonest bus conductor not justified.
2014 LLR 1261
MADRAS HIGH COURT