IMPORTANT JUDGEMENTS for February 2016

IMPORTANT JUDGEMENTS

 An unreasoned order of any Authority is not sustainable.
2016 LLR 202
BOMBAY HIGH COURT

 Loss of confidence in employee would justify his dismissal from service. 
2016 LLR 113
SUPREME COURT OF INDIA

 Modifying dismissal, Labour Court has to record reasons. 
2016 LLR 113
SUPREME COURT OF INDIA

 Misconduct in causing loss by a worker for his personal gain would justify dismissal.
2016 LLR 113
SUPREME COURT OF INDIA

 Appeal against orders under section 7A or 7B of the Provident Fund Act mandates pre-deposit of determined amount.
2016 LLR 118
DELHI HIGH COURT

 EPF Appellate Tribunal cannot pass conditional stay for damages.
2016 LLR 118
DELHI HIGH COURT

 Bias against Enquiry Officer cannot be inferred without supporting evidence. 
2016 LLR 122
DELHI HIGH COURT

 Repeated dispatching of letters at wrong address justifies dismissal.
2016 LLR 122
DELHI HIGH COURT

 Dismissal of a workman, who lied on oath in the Labour Court, is justified.
2016 LLR 122
DELHI HIGH COURT

 Continuous losses would justify interim protection by EPF Tribunal from pre-deposit.
2016 LLR 125
DELHI HIGH COURT

 A salesman engaged in sales and publicity of company''s products not a ''workman''.
2016 LLR 130
DELHI HIGH COURT

 Permission to lead evidence untenable if not pleaded or applied by employer.
2016 LLR 132
DELHI HIGH COURT

 Enquiry when vitiated, Award can be in favour of ''workman''.
2016 LLR 132
DELHI HIGH COURT

 Pre-deposit not warranted in an appeal in EPF Tribunal pertaining to damages and interests.
2016 LLR 133
DELHI HIGH COURT

 Pre-deposit not necessary when appeal before EPF Tribunal pertains to escaped amount.
2016 LLR 133
DELHI HIGH COURT

 Dismissal of appeal by the EPF Appellate Tribunal before expiry of stipulated period untenable.
2016 LLR 133
DELHI HIGH COURT

 Termination of a workman after repeated extensions would amount to retrenchment.
2016 LLR 138
PUNJAB AND HARYANA HIGH COURT

 Non-compliance of section 25-F of ID Act on termination will not always warrant reinstatement.
2016 LLR 138
PUNJAB AND HARYANA HIGH COURT

 Unintentional delay in deposit of EPF contributions will justify waiver of damages.
2016 LLR 142
PUNJAB AND HARYANA HIGH COURT

 Branch Manager of a bank is not a ''workman''.
2016 LLR 143
GUJARAT HIGH COURT

 Collecting fare without issuing tickets will justify dismissal.
2016 LLR 145
ALLAHABAD HIGH COURT

 A bus conductor holds the post of trust.
2016 LLR 145
ALLAHABAD HIGH COURT

 P.F. Authority cannot defend its own order in higher court.
2016 LLR 148
KERALA HIGH COURT

 Years of unblemished record is important for imposing punishment.
2016 LLR 152
GAUHATI HIGH COURT

 Public servant when Complainant, need not be examined at initial stage.
2016 LLR 154
JHARKHAND HIGH COURT

 ''Change in service condition'' not attracted when transfer is part of contract of service. 
2016 LLR 157
MADHYA PRADESH HIGH COURT

 Punishment is discriminatory if in a similar case another delinquent employee is let off.
2016 LLR 159
SUPREME COURT OF INDIA

 Enquiry to be set aside if delinquent is not supplied copies of documents, as relied upon.
2016 LLR 159
SUPREME COURT OF INDIA

 Discriminatory punishment is liable to be vitiated.
2016 LLR 159
SUPREME COURT OF INDIA

 Validity of domestic enquiry is main factor for deciding application for approval of dismissal.
2016 LLR 169
BOMBAY HIGH COURT

 Section 33(2)(b) of the I.D. Act will be confined to the enquiry.
2016 LLR 169
BOMBAY HIGH COURT

 Insurance Company is not liable to pay compensation in respect of an uninsured pillion rider.
2016 LLR 175
BOMBAY HIGH COURT

 Authority holding proceeding under S.7A of the EPF Act, will be vested with powers of Civil Court.
2016 LLR 176
ALLAHABAD HIGH COURT

 Unauthorised habitual absence of workman is a grave misconduct.
2016 LLR 182
MADRAS HIGH COURT

 Confidence of Management will be lost in a habitual absentee.
2016 LLR 182
MADRAS HIGH COURT

 A Medical Representative is not a ''workman'' .
2016 LLR 185
PATNA HIGH COURT

 Failure to prove employer-employee relationship would not entitle any relief.
2016 LLR 187
PUNJAB AND HARYANA HIGH COURT

 Section 25F of ID Act not to be complied by an employer on termination of contractor''s workman.
2016 LLR 187
PUNJAB AND HARYANA HIGH COURT

 Failure of workman to support his claim on repeated opportunities shows he is not diligent.
2016 LLR 190
PUNJAB AND HARYANA HIGH COURT

 Termination not illegal when the employee admits her signature on resignation and receipt for payment. 
2016 LLR 191
PUNJAB AND HARYANA HIGH COURT

 Schools under State control or aided are exempted from coverage by Provident Fund Act.
2016 LLR 192
RAJASTHAN HIGH COURT

 Only the EPF Appellate Tribunal can confirm / modify / annul the order of EPF Authority.
2016 LLR 193
BOMBAY HIGH COURT

 Aggrieved workman can avail remedy under the ID Act.
2016 LLR 197
ORISSA HIGH COURT

 EPF Authority''s order without identification of beneficiaries not sustainable.
2016 LLR 201
GAUHATI HIGH COURT

 Compensation received under Employees'' Compensation Act will debar claim under ESI Act.
2016 LLR 204
RAJASTHAN HIGH COURT

 One can''t claim accident compensation under two different Acts.
2016 LLR 204
RAJASTHAN HIGH COURT

 Selling tea and running grocery shop not necessarily ''gainful employment''.
2016 LLR 205
RAJASTHAN HIGH COURT

 Probation period can''t be enhanced beyond six months as stipulated by Model Standing Orders.
2016 LLR 209
BOMBAY HIGH COURT

 Termination of a probationer if sigmatic without holding enquiry will be vitiated.
2016 LLR 209
BOMBAY HIGH COURT

 In case of conflict between appointment letter and standing order the latter will prevail.
2016 LLR 209
BOMBAY HIGH COURT