IMPORTANT JUDGEMENTS for February 2011

IMPORTANT JUDGEMENTS

 Workers of contractor can''t be thrusted on principal employer in the absence of control and supervision.
2011 LLR 113
SUPREME COURT OF INDIA

 Courts below erred in holding that even in the absence of evidence; the contract labour system was sham. 
2011 LLR 113
SUPREME COURT OF INDIA

 Termination of a probationer for unsatisfactory performance can never be treated as ''penal''.
2011 LLR 116
SUPREME COURT OF INDIA

 High Court can''t substitute punishment of an employee.
2011 LLR 117
SUPREME COURT OF INDIA

 Dismissal of a workman for abusing and assaulting a co-worker is justified.
2011 LLR 118
DELHI HIGH COURT

 Establishment admittedly employing 65 employees is rightly covered by ESI Act.
2011 LLR 121
DELHI HIGH COURT

 Dismissal of watchman, guilty of insubordination, is rightly upheld.
2011 LLR 125
BOMBAY HIGH COURT

 Personal Financial Consultant of a bank is not a ''workman''.
2011 LLR 126
BOMBAY HIGH COURT

 Reinstatement is not proper in the absence of 240 days'' working.
2011 LLR 126
BOMBAY HIGH COURT

 Designation is not the criteria for determining the status of ''workman''.
2011 LLR 126
BOMBAY HIGH COURT

 ''Personal allowance'' and ''special compensatory allowance'' are not wages for calculation of gratuity.
2011 LLR 133
BOMBAY HIGH COURT

 Delay for claiming gratuity will not be condoned in absence of sufficient cause.
2011 LLR 133
BOMBAY HIGH COURT

 Vacancies in employment in public sector establishment are to be notified under Employment Exchanges Act.
2011 LLR 138
ANDHRA PRADESH HIGH COURT

 In public sector establishments, vacancies shall be notified on notice board also.
2011 LLR 138
ANDHRA PRADESH HIGH COURT

 Resignation by an employee can be withdrawn before its acceptance.
2011 LLR 139
ANDHRA PRADESH HIGH COURT

 A person engaged through contractor, dying due to lack of safety measure, will be a factory worker.
2011 LLR 143
JHARKHAND HIGH COURT

 Modification of dismissal of workman for habitual absence is rightly declined.
2011 LLR 144
MADRAS HIGH COURT

 Reinstatement of driver is proper when termination was for single incident.
2011 LLR 148
MADRAS HIGH COURT

 Casual worker completing 5 years'' service will also be entitled to gratuity.
2011 LLR 151
MADRAS HIGH COURT

 Remedial forum for grievance is EPF Appellate Tribunal and not the writ petition.
2011 LLR 152
MADRAS HIGH COURT

 Denial of back wages on reinstatement is not arbitrary when the driver''s accident was negligent.
2011 LLR 154
MADRAS HIGH COURT

 Termination rightly set aside when no charge was proved against workman.
2011 LLR 155
PUNJAB AND HARYANA HIGH COURT

 Reduction of pay with notice u/s. 9A of the Industrial Disputes Act is not legal.
2011 LLR 159
PUNJAB AND HARYANA HIGH COURT

 Gratuity can''t be withheld merely that the employee has not vacated the quarters.
2011 LLR 159
GUJARAT HIGH COURT

 Termination of contractual employee is not retrenchment.
2011 LLR 161
GUJARAT HIGH COURT

 An employee, even engaged on contract basis, is rightly entitled to gratuity.
2011 LLR 164
ALLAHABAD HIGH COURT

 Compensation, instead of reinstatement, is appropriate when termination is without retrenchment compensation.
2011 LLR 167
ALLAHABAD HIGH COURT

 An unsuitable workman would not be thrusted upon the employer.
2011 LLR 167
ALLAHABAD HIGH COURT

 Authority not bound to decide preliminary issue of applicability of Payment of Wages Act.
2011 LLR 170
ALLAHABAD HIGH COURT

 For invoking section 33C(2) of the I.D. Act, there must be existing right.
2011 LLR 171
ALLAHABAD HIGH COURT

 Principal employer not to pay 10 times difference of wages to employees of contractor.
2011 LLR 172
ALLAHABAD HIGH COURT

 Unwilling employee can''t be retained by not accepting his resignation.
2011 LLR 174
CALCUTTA HIGH COURT

 Gratuity can''t be withheld without complying with the principles of natural justice.
2011 LLR 177
HIMACHAL PRADESH HIGH COURT

 Dependants of driver will get compensation when he died sitting in a cabin.
2011 LLR 178
KARNATAKA HIGH COURT

 Compensation rightly paid to dependants of deceased who died while cutting trees.
2011 LLR 180
KARNATAKA HIGH COURT

 Abandonment by a workman will not be presumed in the absence of evidence. 
2011 LLR 181
ORISSA HIGH COURT

 Back-wages appropriate when termination of workman, on medical ground, is set aside.
2011 LLR 185
PATNA HIGH COURT

 A cashier in a bank has to discharge his duties with utmost caution.
2011 LLR 189
KARNATAKA HIGH COURT

 No compassionate appointment for the legal heir of the deceased employee who has been dismissed for misappropriation.
2011 LLR 189
KARNATAKA HIGH COURT

 Reinstatement of a cashier, who credited bank money in his personal accounts, is not proper.
2011 LLR 189
KARNATAKA HIGH COURT

 50% wages payable, when interim relief granted without opportunity given by the Management.
2011 LLR 192
SUPREME COURT OF INDIA

 Conciliation Officer can''t stay the transfer of employees.
2011 LLR 193
BOMBAY HIGH COURT

 Refusal of the workman to work on the site alongwith the team will amount to abandonment of service.
2011 LLR 197
GUJARAT HIGH COURT

 Death of a diesel assistant, by quarrelling with colleague while on duty, will be an accident.
2011 LLR 200
ALLAHABAD HIGH COURT

 Forfeiture of gratuity without termination for the specified misconduct rightly declined.
2011 LLR 203
JHARKHAND HIGH COURT

 If systematic economic or commercial activity is carried on a place, that will be a ''shop'' for coverage under ESI Act.
2011 LLR 204
DELHI HIGH COURT

 When muster rolls not produced by the employer, the Court would be justified to draw adverse inference.
2011 LLR 206
PUNJAB AND HARYANA HIGH COURT

 An ex-parte order by the Labour Court, if not a speaking one, is liable to be quashed.
2011 LLR 210
MADRAS HIGH COURT

 Decision of the Central Government not to prohibit the contract labour without due consultation with the Central Advisory Board would be liable to be quashed.
2011 LLR 210
DELHI HIGH COURT

 Compensation instead of reinstatement is appropriate if termination was due to temporary embezzlement.
2011 LLR 211
DELHI HIGH COURT

 Under section 25-O (5) of the Industrial Disputes Act when only reference was made by the concerned authority to Tribunal, no reasons would be required to be stated.
2011 LLR 212
GUJARAT HIGH COURT

 Once it had been held that the accident had not occurred only due to rash and negligent driving of driver; it is only logical to impose a reduced punishment.
2011 LLR 212
MADRAS HIGH COURT

 When a bank employee was not guilty of misconduct for which he was dismissed, reinstatement with full back-wages would be appropriate relief.
2011 LLR 212
CALCUTTA HIGH COURT

 Different treatment, per se, will not be violative of Article 14 of the Constitution of India if it denies equal protection; when there is no reasonable basis for differentiation.
2011 LLR 213
SUPREME COURT OF INDIA

 Writ jurisdiction is discretionary, which should not ordinarily be exercised if an alternative remedy available to the appellant.
2011 LLR 213
SUPREME COURT OF INDIA

 Production incentive paid to the employees within a span of two months will be deemed as ''wages'' for ESI contributions.
2011 LLR 217
KERALA HIGH COURT