IMPORTANT JUDGEMENTS for December 2015

IMPORTANT JUDGEMENTS

 Under BO&CW Act cess is fee for services to construction workers.
2015 LLR 1233
SUPREME COURT OF INDIA

 Service to the workers is not a condition precedent for the levy of the BO&CW Cess.
2015 LLR 1233
SUPREME COURT OF INDIA

 Relief to a worker guilty of misappropriation of public fund would be a misplaced sympathy.
2015 LLR 1236
BOMBAY HIGH COURT

 Dismissal for misappropriation of funds is not shockingly disproportionate to misconduct.
2015 LLR 1236
BOMBAY HIGH COURT

 Courts refrain from interference with transfer unless malafide.
2015 LLR 1239
DELHI HIGH COURT

 Provident Funds Appellate Tribunal Rules provide one-month limitation for filing reply.
2015 LLR 1241
DELHI HIGH COURT

 Costs by the Appellate Tribunal can be imposed for allowing delayed reply.
2015 LLR 1241
DELHI HIGH COURT

 Demonstration and dharna etc. by employees resulting in disruption of the normal work not permissible.
2015 LLR 1242
DELHI HIGH COURT

 Demonstration must be at a sufficient distance of the workplace.
2015 LLR 1242
DELHI HIGH COURT

 Demonstration, dharna etc. by employees not be carried out within 500 metres from the office.
2015 LLR 1242
DELHI HIGH COURT

 Disciplinary authority is sole judge of facts to arrive at its conclusions.
2015 LLR 1243
DELHI HIGH COURT

 Normally High Court interferes with factual findings by an Enquiry Officer.
2015 LLR 1243
DELHI HIGH COURT

 In the absence of violation of principle of natural justice, an enquiry will not be vitiated.
2015 LLR 1243
DELHI HIGH COURT

 Dismissal of Bank Manager justified when loss of confidence is proved.
2015 LLR 1243
DELHI HIGH COURT

 Provident Fund Recovery Officer is empowered to correct any arithmetic mistake.
2015 LLR 1247
DELHI HIGH COURT

 For vague allegations in complaint, prosecution under Contract Labour (R&A) Act to be quashed.
2015 LLR 1248
BOMBAY HIGH COURT

 Continuing with contract labour system, despite its prohibition by government, would justify prosecution.
2015 LLR 1248
BOMBAY HIGH COURT

 Treating undertaking as resignation by an employee is justified.
2015 LLR 1250
GUJARAT HIGH COURT

 A writ petition lies only on miscarriage or perversity in an Award.
2015 LLR 1251
GUJARAT HIGH COURT

 Apprentices are not '˜employees' to be covered under Provident Funds Act.
2015 LLR 1253
MADRAS HIGH COURT

 Number of apprentices, if more than regular employees, not to be covered under Provident Fund.
2015 LLR 1253
MADRAS HIGH COURT

 Restoration of dismissal appeal in default is justified.
2015 LLR 1254
PUNJAB AND HARYANA HIGH COURT

 No limitation is prescribed for claiming gratuity by an employee.
2015 LLR 1256
PUNJAB AND HARYANA HIGH COURT

 It is for employer to prove that gratuity has been paid to employee.
2015 LLR 1256
PUNJAB AND HARYANA HIGH COURT

 Cash payment of Rs.1,31,885/- made to the employee towards gratuity is not free from doubt.
2015 LLR 1256
PUNJAB AND HARYANA HIGH COURT

 Transfer to other location of low salaried worker breaks his financial backbone.
2015 LLR 1257
PUNJAB AND HARYANA HIGH COURT

 Removal from service under the guise of transfer would be set aside.
2015 LLR 1257
PUNJAB AND HARYANA HIGH COURT

 Illegal termination would attract reinstatement with back-wages.
2015 LLR 1257
PUNJAB AND HARYANA HIGH COURT

 Termination for misconduct sans enquiry is liable to set aside.
2015 LLR 1257
PUNJAB AND HARYANA HIGH COURT

 Transfer of an employee cannot be made arbitrarily.
2015 LLR 1257
PUNJAB AND HARYANA HIGH COURT

 When misconduct as proved is major, delinquent does not deserve leniency.
2015 LLR 1260
PUNJAB AND HARYANA HIGH COURT

 If the Award is neither perverse nor irrational, interference of the Writ Court is not called for.
2015 LLR 1260
PUNJAB AND HARYANA HIGH COURT

 Standard evidence in domestic enquiry cannot be that of Court proceedings.
2015 LLR 1260
PUNJAB AND HARYANA HIGH COURT

 In Labour matters, principle of preponderance of probabilities apply.
2015 LLR 1260
PUNJAB AND HARYANA HIGH COURT

 Ex-parte Award is justified if the petitioner himself was guilty for non participating in the proceedings in spite of notice.
2015 LLR 1262
RAJASTHAN HIGH COURT

 Violation of Factories Act amounts to a criminal offence.
2015 LLR 1264
JHARKHAND HIGH COURT

 Only the person in-charge can be prosecuted for violation of Contract Labour (R&A) Act.
2015 LLR 1266
JHARKHAND HIGH COURT

 Dismissal justified when misconduct pertaining to suppression material particulars is proved.
2015 LLR 1268
ALLAHABAD HIGH COURT

 Suppressing higher qualification for job prescribing lower qualification would justify dismissal.
2015 LLR 1268
ALLAHABAD HIGH COURT

 Reasons for acquittal could be different from levying punishment by the Disciplinary Authority.
2015 LLR 1269
KERALA HIGH COURT

 Misappropriation by systematic pilferage, would justify dismissal for loss of confidence.
2015 LLR 1270
GAUHATI HIGH COURT

 High Court not to interfere in dismissal of a workman when loss of confidence is proved.
2015 LLR 1270
GAUHATI HIGH COURT

 Non-implementation of the Award is a continuous offence.
2015 LLR 1274
JHARKHAND HIGH COURT

 No limitation is prescribed for prosecution for non implementation of Award.
2015 LLR 1274
JHARKHAND HIGH COURT

 A Municipal Corporation-aggrieved by order of RPFC, can seek remedy by filing an application before EPF Appellate Tribunal.
2015 LLR 1277
MADHYA PRADESH HIGH COURT