IMPORTANT JUDGEMENTS for February 2014

IMPORTANT JUDGEMENTS

 '˜Basic wages'' comprise components which are universally, necessarily and ordinarily paid to all employees.
2014 LLR 113
SUPREME COURT OF INDIA

 A compensatory allowance is given to meet the high cost of living in certain areas or for hardship to an employee.
2014 LLR 113
SUPREME COURT OF INDIA

 Employee sacked for taking bribe got relief after 23 years.
2014 LLR 115
SUPREME COURT OF INDIA

 Setting aside the Award of Commissioner allowing compensation is erroneous.
2014 LLR 117
SUPREME COURT OF INDIA

 Interest on accident compensation is payable from the date of accident.
2014 LLR 119
SUPREME COURT OF INDIA

 Defying unlawful instructions of the Management is not a misconduct.
2014 LLR 121
SUPREME COURT OF INDIA

 Dismissal, based on non-compliance of unlawful orders of the Management, is to be set aside.
2014 LLR 121
SUPREME COURT OF INDIA

 Non-renewal of contract of employment would not render the termination illegal.
2014 LLR 126
DELHI HIGH COURT

 Service conditions which are not enumerated in standing orders would be applicable.
2014 LLR 126
DELHI HIGH COURT

 No retrenchment compensation when the termination excluded by ''retrenchment''.
2014 LLR 126
DELHI HIGH COURT

 Principal employer liable if contractor fails to pay wages to workers.
2014 LLR 130
DELHI HIGH COURT

 Continuation of enquiry not to be stayed in the absence of any law.
2014 LLR 132
DELHI HIGH COURT

 100% loss of earning capacity to be construed on total disablement of a driver to drive a vehicle.
2014 LLR 137
BOMBAY HIGH COURT

 Compensation Commissioner not bound by technical rigidity of Civil Procedure Code or Evidence Act.
2014 LLR 137
BOMBAY HIGH COURT

 Dismissal proper when employee loses confidence of employer.
2014 LLR 139
MADRAS HIGH COURT

 Unless the punishment shocks conscience, no interference is called for.
2014 LLR 139
MADRAS HIGH COURT

 Scope of judicial review is limited to deficiency in decision-making.
2014 LLR 139
MADRAS HIGH COURT

 Father and minor brother, if not earning, would be dependent of deceased hence entitled to accident compensation.
2014 LLR 143
MADHYA PRADESH HIGH COURT

 Punishment can be reduced when misconduct is not serious.
2014 LLR 145
MADRAS HIGH COURT

 Strict rules of evidence not applicable in enquiry proceedings.
2014 LLR 145
MADRAS HIGH COURT

 Dismissal of a bank employee justified on proved misconduct.
2014 LLR 145
MADRAS HIGH COURT

 Confession supported with cogent evidence would not be under threat of coercion.
2014 LLR 145
MADRAS HIGH COURT

 A personal driver of an executive whose salary was reimbursed by the bank would not be a bank employee.
2014 LLR 151
MADRAS HIGH COURT

 Length of service is not sufficient for regularization.
2014 LLR 151
MADRAS HIGH COURT

 Onus to prove employer-employee relation is on the employee.
2014 LLR 151
MADRAS HIGH COURT

 Status of employee as a '˜workman' is to be decided at the threshold.
2014 LLR 151
MADRAS HIGH COURT

 Dislocation of work due to absence of an employee, if not proved, dismissal will not be justified.
2014 LLR 162
MADRAS HIGH COURT

 Under section 11A of I.D. Act, Labour Court can differ with the findings of Enquiry Officer in modifying the dismissal from service.
2014 LLR 164
MADRAS HIGH COURT

 Workman must prove gainful unemployment to be entitled to back-wages.
2014 LLR 164
MADRAS HIGH COURT

 Last drawn wages received under section 17B of ID Act are to be adjusted in back-wages as awarded.
2014 LLR 164
MADRAS HIGH COURT

 Regular salary and full wages for suspension period payable when the charges are not proved in the enquiry.
2014 LLR 168
ANDHRA PRADESH HIGH COURT

 EPF Authority, showing high handedness on recovery of money, is liable to pay interest himself @12% on money as recovered.
2014 LLR 169
GUJARAT HIGH COURT

 Providing better medical facilities would not justify exemption from ESI Act.
2014 LLR 174
PUNJAB AND HARYANA HIGH COURT

 A resignation obtained at gun point on blank paper is not sustainable.
2014 LLR 178
PUNJAB AND HARYANA HIGH COURT

 Findings of the Labour Court are perverse if the evidence is twisted by catching words and plastering them into Award.
2014 LLR 178
PUNJAB AND HARYANA HIGH COURT

 Settlement with an employee at Police Station is not valid.
2014 LLR 178
PUNJAB AND HARYANA HIGH COURT

 Termination based on an enquiry in violation of natural justice to be set aside.
2014 LLR 183
PUNJAB AND HARYANA HIGH COURT

 Non-furnishing list of witnesses, documents and denial of opportunity for cross-examination would violate the enquiry.
2014 LLR 183
PUNJAB AND HARYANA HIGH COURT

 Dismissal from service for habitual absence is justified.
2014 LLR 187
KARNATAKA HIGH COURT

 Compensation rightly awarded when the loader died by contact with electric wire.
2014 LLR 189
KARNATAKA HIGH COURT

 For coverage of establishment under Provident Fund, there should be 20 or more persons for its regular business.
2014 LLR 192
PUNJAB AND HARYANA HIGH COURT

 ''Employment'' is to be construed as in regular course of business to calculate employees for applicability of Provident Act.
2014 LLR 192
PUNJAB AND HARYANA HIGH COURT

 Second charge-sheet will supersede the first charge-sheet.
2014 LLR 194
CALCUTTA HIGH COURT

 Non-production of documents not fatal in enquiry when inspection was allowed.
2014 LLR 194
CALCUTTA HIGH COURT

 Court would be slow to interfere the findings of enquiring authority.
2014 LLR 194
CALCUTTA HIGH COURT

 An enquiry not to be set aside merely that the preliminary enquiry was not conducted
2014 LLR 194
CALCUTTA HIGH COURT

 A contract, when camouflage, the workers of contractor will be of principal employer.
2014 LLR 198
BOMBAY HIGH COURT

 Contract between principal employer and contractor is sham or not is to be decided under Industrial Disputes Act.
2014 LLR 198
BOMBAY HIGH COURT

 Pre-deposit for appeal before EPF Tribunal not necessary when it pertains to damages.
2014 LLR 204
MADRAS HIGH COURT

 Pre-deposit of the determined money is a condition precedent for filing appeal before EPF Tribunal.
2014 LLR 204
MADRAS HIGH COURT

 Provident fund dues to the retiree-employee are payable at the place where he/she resides.
2014 LLR 209
KERALA HIGH COURT

 Employees not performing administrative or managerial functions would be '˜workmen'.
2014 LLR 211
ANDHRA PRADESH HIGH COURT