IMPORTANT JUDGEMENTS for March 2010

IMPORTANT JUDGEMENTS

 Termination of a probationer, even when stigmatic, should not be set aside.
2010 LLR 225
SUPREME COURT OF INDIA

 Termination of a probationer, even if refers to unsatisfactory service, is not stigmatic.
2010 LLR 225
SUPREME COURT OF INDIA

 While modifying the punishment, Labour Court must give its supporting reasons.
2010 LLR 230
SUPREME COURT OF INDIA

 When past conduct of bus conductor is unsatisfactory, reinstatement should not be awarded, when he has been punished for six times for similar type of misconduct.
2010 LLR 230
SUPREME COURT OF INDIA

 For a misconduct pertaining to misappropriation, the amount is immaterial.
2010 LLR 230
SUPREME COURT OF INDIA

 Absence, when habitual, will justify dismissal of an employee.
2010 LLR 234
BOMBAY HIGH COURT

 A habitual absentee is not somebody who is devoted to duty or maintains integrity.
2010 LLR 234
BOMBAY HIGH COURT

 Dismissal of bus conductor is restored when the enquiry as held is fair and proper.
2010 LLR 238
BOMBAY HIGH COURT

 Labour Court can adjudicate a dispute of a workman appointed in and transferred from Delhi.
2010 LLR 240
DELHI HIGH COURT

 Petitioners when unfairly prevented to appear ought to be given a fair chance to defend and present their case.
2010 LLR 242
DELHI HIGH COURT

 Order of the Industrial Court accepting oral evidence for granting permanency is to be set aside
2010 LLR 243
BOMBAY HIGH COURT

 Consuming liquor by security guards on duty would justify dismissal.
2010 LLR 245
BOMBAY HIGH COURT

 Division Bench will not interfere with rejection to refer for adjudication.
2010 LLR 247
DELHI HIGH COURT

 Fixed-term appointments are excluded from retrenchment.
2010 LLR 247
DELHI HIGH COURT

 Total disablement and loss of 100% earning capacity will be presumed for payment of compensation.
2010 LLR 250
SUPREME COURT OF INDIA

 Code of Discipline in Industry can be made applicable when both employer and employees agree.
2010 LLR 251
BOMBAY HIGH COURT

 Reinstatement not proper, when the concerned workman has resigned and received all dues.
2010 LLR 252
GUJARAT HIGH COURT

 Gratuity to be payable for the intervening period i.e. dismissal and reinstatement.
2010 LLR 255
ANDHRA PRADESH HIGH COURT

 Death of workman due to chest pain on duty will be an accident for compensation.
2010 LLR 257
KARNATAKA HIGH COURT

 An auditorium as maintained by the Army will be an ''industry'' under ID Act.
2010 LLR 258
PUNJAB AND HARYANA HIGH COURT

 Gratuity of an employee can be forfeited only when he is dismissed from service for misconducts.
2010 LLR 259
UTTARAKHAND HIGH COURT

 Reinstatement to a workman, dismissed without approval during pendency of dispute, is justified.
2010 LLR 260
DELHI HIGH COURT

 Dismissal of a bus conductor for not issuing tickets, despite receiving fare, has been rightly upheld.
2010 LLR 262
DELHI HIGH COURT

 Non production of passengers paying fare as witness will not vitiate the enquiry.
2010 LLR 262
DELHI HIGH COURT

 High Court, in its writs jurisdiction, has limited powers to interfere with the Award of the Labour Court.
2010 LLR 262
DELHI HIGH COURT

 Strict rules of Evidence Act are not applicable in enquiries.
2010 LLR 262
DELHI HIGH COURT

 It is not imperative that validity of enquiry be decided as preliminary issue.
2010 LLR 265
BOMBAY HIGH COURT

 Court will interfere in the matter of transfer only when it is done by way of victimisation.
2010 LLR 267
MADRAS HIGH COURT

 When transfer of an employee is by way of victimisation, it is to be set aside.
2010 LLR 267
MADRAS HIGH COURT

 ESI Act has no provision for giving advice to the employer by the inspector.
2010 LLR 271
ALLAHABAD HIGH COURT

 Provident fund contributions can''t be recovered from the principal employer if it is payable by contractor.
2010 LLR 272
KARNATAKA HIGH COURT

 Ex-parte Award passed on presumption that summons were sent by registered post must have been received, can be set aside.
2010 LLR 273
ALLAHABAD HIGH COURT

 An establishment will not be covered under ESI Act when it did not employ 20 employees.
2010 LLR 275
KARNATAKA HIGH COURT

 Activities of a chartered accountant are not a mere business or trade but a profession.
2010 LLR 275
KARNATAKA HIGH COURT

 Establishment of a chartered accountant will not be treated as a ''shop'' for ESI purposes.
2010 LLR 275
KARNATAKA HIGH COURT

 A reinstated workman will be entitled to last drawn wages from the date of filing of writ petition.
2010 LLR 280
KERALA HIGH COURT

 An Award against Aina Exports (P) Ltd can''t be implemented against Aina Fashions (P) Ltd.
2010 LLR 282
DELHI HIGH COURT

 Section 630 of the Companies Act provides speedy relief to the company where its property is withheld.
2010 LLR 283
JHARKHAND HIGH COURT

 Prosecution under section 630 of the Companies Act is summary triable.
2010 LLR 283
JHARKHAND HIGH COURT

 Holding of enquiry is necessary instead of presuming that 43 passengers were found travelling without ticket.
2010 LLR 286
ALLAHABAD HIGH COURT

 Reinstatement not proper, when two decades have passed from the date of termination to disposal of dispute.
2010 LLR 287
PUNJAB AND HARYANA HIGH COURT

 Plea of abandonment can''t be accepted in the absence of any enquiry.
2010 LLR 287
PUNJAB AND HARYANA HIGH COURT

 No universal formula could be laid down on limitation for reference under the Act.
2010 LLR 287
PUNJAB AND HARYANA HIGH COURT

 Appellate authority could either affirm, modify or set aside the order as passed by the disciplinary authority.
2010 LLR 290
ALLAHABAD HIGH COURT

 No illegality in the Award of Tribunal when the workman-petitioner has hopelessly failed to prove his case
2010 LLR 293
ALLAHABAD HIGH COURT

 Unauthorised temporary erection of hutments by a sweeper will not justify dismissal from service.
2010 LLR 296
CALCUTTA HIGH COURT

 Fixing ESI liability by the immediate employer by deduction from their bills without giving an opportunity to be quashed.
2010 LLR 298
GAUHATI HIGH COURT

 Clubbing of two independent establishments not proper when the parties never intended to escape from the liability of PF contributions.
2010 LLR 305
DELHI HIGH COURT

 Transfer should not have been stayed by an interim order when it was in accordance with Standard Code.
2010 LLR 308
BOMBAY HIGH COURT

 Imposition of penalty and recovery from gratuity will be violative of the Constitutional guarantees.
2010 LLR 311
BOMBAY HIGH COURT

 Controlling Authority can lay down its own procedure for determining the gratuity of an employee.
2010 LLR 314
BOMBAY HIGH COURT

 All issues can be decided together instead of only the preliminary issue at the first instance by Authority under Gratuity Act.
2010 LLR 314
BOMBAY HIGH COURT

 Death of a workman in his ordinary course cannot make employer liable for compensation.
2010 LLR 316
DELHI HIGH COURT

 A trade Union, with a very small minority of the Banks workers, will not be entitled to any relief.
2010 LLR 320
DELHI HIGH COURT

 Giving extension and termination till a regular employee was appointed would not be retrenchment.
2010 LLR 324
PUNJAB AND HARYANA HIGH COURT

 If the remedy for redressal is provided in a particular Act, the employee will avail that only.
2010 LLR 325
BOMBAY HIGH COURT

 EPFO will refund entire amount when employer''s claim for pension was rejected.
2010 LLR 325
KERALA HIGH COURT

 High Court can entertain writ petition when there is violation of principles of natural justice by Employees'' Provident Funds Authorities.
2010 LLR 326
CALCUTTA HIGH COURT

 When there is functional integrality between two firms, both will be clubbed together for coverage under Provident Funds Act.
2010 LLR 326
CALCUTTA HIGH COURT

 After opting and receiving benefits of VRS, the employee will not have any right to withdraw his option.
2010 LLR 326
BOMBAY HIGH COURT

 When there was no relationship of employer and employee, regularisation is erroneous.
2010 LLR 327
JHARKHAND HIGH COURT

 A casual worker, engaged @ Rs.10 per day, is not entitled to reinstatement or back wages.
2010 LLR 332
BOMBAY HIGH COURT