IMPORTANT JUDGEMENTS for February 2013

IMPORTANT JUDGEMENTS

 A claim based on fake or tempered documents would fail.
2013 LLR 113
DELHI HIGH COURT

 Self-statement for 240 days working is not a sufficient proof.
2013 LLR 113
DELHI HIGH COURT

 A dispute is untenable on failure of workman to prove 240 days working.
2013 LLR 113
DELHI HIGH COURT

 High Court will interfere in an award only when it is perverse.
2013 LLR 113
DELHI HIGH COURT

 Labour Court not empowered to grant interim injunction.
2013 LLR 115
DELHI HIGH COURT

 Transfer in the absence of such condition is unsustainable.
2013 LLR 118
DELHI HIGH COURT

 Standing Orders will not be applicable if not in the knowledge of the workman.
2013 LLR 118
DELHI HIGH COURT

 A Call centre is liable to pay minimum wages.
2013 LLR 120
DELHI HIGH COURT

 Prosecution justified for violation of Delhi Shops and Establishments Act.
2013 LLR 120
DELHI HIGH COURT

 Unauthorized overstay for a long period would justify dismissal.
2013 LLR 121
DELHI HIGH COURT

 Unauthorised absence from duty is a serious misconduct.
2013 LLR 121
DELHI HIGH COURT

 Coverage under ESI any report in the absence of descriptions of employees is not sustainable.
2013 LLR 124
MADHYA PRADESH HIGH COURT

 An order is liable to be set aside when no supporting reasons assigned.
2013 LLR 124
MADHYA PRADESH HIGH COURT

 Enquiry sans its prescribed principles is to be set aside.
2013 LLR 125
MADRAS HIGH COURT

 Enquiry conducted after delay of 23 years is to be quashed.
2013 LLR 125
MADRAS HIGH COURT

 Sleeping during duty hours would justify dismissal of watchman
2013 LLR 127
MADRAS HIGH COURT

 Unless perverse, an award not to be interfered.
2013 LLR 127
MADRAS HIGH COURT

 Despite upholding the enquiry as fair, Labour Court can modify the punishment.
2013 LLR 129
PUNJAB AND HARYANA HIGH COURT

 Stoppage of increments instead of dismissal is appropriate when confidence in workman is not lost.
2013 LLR 129
PUNJAB AND HARYANA HIGH COURT

 Unpaid Sundays and public holidays are not to be counted for computation of 240 days working
2013 LLR 132
PUNJAB AND HARYANA HIGH COURT

 Transfer based on terms and conditions can''t be challenged.
2013 LLR 134
MADHYA PRADESH HIGH COURT

 Ex-parte enquiry justified when the workman did not demand T.A., D.A. etc. for attending.
2013 LLR 134
MADHYA PRADESH HIGH COURT

 Ex-parte enquiry justified when the workman did not demand T.A., D.A. etc. for attending.
2013 LLR 134
MADHYA PRADESH HIGH COURT

 Reinstatement is not proper for unauthorized absence after holding proper enquiry.
2013 LLR 134
MADHYA PRADESH HIGH COURT

 Re-appreciation of evidence not permissible under Article 227.
2013 LLR 134
MADHYA PRADESH HIGH COURT

 A belated application under section 33(2) (b) of ID Act is not tenable.
2013 LLR 139
GUJARAT HIGH COURT

 Unless examined, loss of confidence can''t be presumed.
2013 LLR 146
GUJARAT HIGH COURT

 Termination of a lady employee for complaining sexual harassment would send a wrong signal.
2013 LLR 146
GUJARAT HIGH COURT

 Cases of sexual harassment shall be dealt seriously by the courts.
2013 LLR 146
GUJARAT HIGH COURT

 Safety and congenial working conditions are to be provided to female employee.
2013 LLR 146
GUJARAT HIGH COURT

 Appeal not writ is tenable to challenge the order of EPF officer.
2013 LLR 150
ANDHRA PRADESH HIGH COURT

 Effective adjudication only when relied documents are supplied to opposite party.
2013 LLR 150
ANDHRA PRADESH HIGH COURT

 Prosecution for Contract Labour (R&A) Act, 1970 lies only against the business conducting officer
2013 LLR 151
ANDHRA PRADESH HIGH COURT

 Criminal complaint against an officer without designation is untenable.
2013 LLR 151
ANDHRA PRADESH HIGH COURT

 Insurer is liable for compensation even when the vehicle was stationary.
2013 LLR 153
KARNATAKA HIGH COURT

 Interest on compensation will be calculated from date of accident.
2013 LLR 153
KARNATAKA HIGH COURT

 Dismissal becomes inoperative when its approval is declined.
2013 LLR 154
MADRAS HIGH COURT

 Arrears of EPF dues not recoverable from bonafide auction purchaser.
2013 LLR 156
MADHYA PRADESH HIGH COURT

 Hard earned money towards P.F. contributions can''t be waived off due to deficiency of the EPFO in recovering the same.
2013 LLR 156
MADHYA PRADESH HIGH COURT

 A temple is also covered by the Payment of Gratuity Act.
2013 LLR 163
KARNATAKA HIGH COURT

 Issuance of notice proposing to retrench workmen is not legal.
2013 LLR 164
KARNATAKA HIGH COURT

 Compensation can''t be denied merely because deceased employee reached the workplace earlier.
2013 LLR 170
CHHATTISGARH HIGH COURT

 Labour Court has exercise powers under S.11-A judiciously.
2013 LLR 174
GUJARAT HIGH COURT

 Reduction of punishment for not issuing tickets despite receiving the fare is not proper.
2013 LLR 174
GUJARAT HIGH COURT

 ''No work, no pay'' principle is not rigid.
2013 LLR 176
GAUHATI HIGH COURT

 Termination rightly set aside when no approval sought during pendency of dispute.
2013 LLR 179
DELHI HIGH COURT

 Resignation can''t be challenged when receipt of final payment is proved
2013 LLR 181
DELHI HIGH COURT

 Opinion of Handwriting Expert when corroborated by reasoning can be discarded for want of his training certificate.
2013 LLR 181
DELHI HIGH COURT

 Termination justified if 240 working days are not proved.
2013 LLR 184
DELHI HIGH COURT

 Abandonment will be presumed when termination is not proved.
2013 LLR 184
DELHI HIGH COURT

 A muster roll employee is not entitled to regularization.
2013 LLR 184
DELHI HIGH COURT

 Non-cross-examination of Management witness would go against the workman.
2013 LLR 184
DELHI HIGH COURT

 Industrial Tribunal is not to exercise appellate powers on the enquiry.
2013 LLR 188
DELHI HIGH COURT

 Parity with co-delinquents can be claimed by delinquent employee.
2013 LLR 188
DELHI HIGH COURT

 Adjudicator can set aside enquiry when based on no evidence or contrary to the principles of natural justice.
2013 LLR 188
DELHI HIGH COURT

 An enquiry will be proper, when principles of natural justice are complied.
2013 LLR 188
DELHI HIGH COURT

 Temporary embezzlement is also a serious misconduct.
2013 LLR 190
DELHI HIGH COURT

 In enquiries strict rules of evidence are not to be followed.
2013 LLR 190
DELHI HIGH COURT

 Dismissal for temporary embezzlement is not disproportionate.
2013 LLR 190
DELHI HIGH COURT

 Industrial disputes are adjudicated on the basis of preponderance of probability.
2013 LLR 190
DELHI HIGH COURT

 Unless malafide; transfer not to be interfered by Courts
2013 LLR 195
MADRAS HIGH COURT

 Continuous posting at any fixed place is not justified.
2013 LLR 195
MADRAS HIGH COURT

 When employer sustained losses, the default of PF dues is not intentional
2013 LLR 198
GUJARAT HIGH COURT

 Reduction of damages for delayed payment of provident fund dues proper if imposed without ascertaining the cause of delay.
2013 LLR 198
GUJARAT HIGH COURT

 Discretionary power under Provident Fund Act has to be exercised in a sound and objective manner.
2013 LLR 198
GUJARAT HIGH COURT

 No limitation prescribed for recovery of the EPF dues. 
2013 LLR 199
GUJARAT HIGH COURT

 Levy of damages and interest for default in EPF dues not justified when the employer suffered continuous losses. 
2013 LLR 199
GUJARAT HIGH COURT

 A gratuity appeal after 120 days of order is barred by limitation.
2013 LLR 201
GUJARAT HIGH COURT

 Deposit of ordered amount is must for filing appeal under Gratuity Act.
2013 LLR 201
GUJARAT HIGH COURT

 A Sales Manager is not a ''workman''
2013 LLR 204
DELHI HIGH COURT

 Burden of proof is on the person who pleads the same.
2013 LLR 204
DELHI HIGH COURT

 Errors by inferior courts or tribunals can be corrected by the High Court
2013 LLR 204
DELHI HIGH COURT

 Initial burden of proving wrongful termination is on workman.
2013 LLR 208
DELHI HIGH COURT

 Writ Court will not consider documents produced for the first time.
2013 LLR 208
DELHI HIGH COURT