IMPORTANT JUDGEMENTS for March 2011

IMPORTANT JUDGEMENTS

 Employer can retain talented employee on VRS.
2011 LLR 225
SUPREME COURT OF INDIA

 Damages on delayed payment of EPF contributions of a Society is to be quashed when justifiable reasons are given.
2011 LLR 231
DELHI HIGH COURT

 Damages on delayed payment not legal if there remains no default on the date when levied.
2011 LLR 231
DELHI HIGH COURT

 While waiving the deposit of amount, the EPF Appellate Tribunal must give reasons.
2011 LLR 235
PUNJAB AND HARYANA HIGH COURT

 Minimum wages can''t be split into house rent allowance for payment of bonus.
2011 LLR 236
DELHI HIGH COURT

 While fixing the appeal outside Delhi , the EPF Tribunal to enquire from the counsel for his consent.
2011 LLR 240
DELHI HIGH COURT

 An ex-parte Award can be set aside within 30 days of its knowledge.
2011 LLR 242
DELHI HIGH COURT

 Labour Court can recall an award on application for set aside.
2011 LLR 244
DELHI HIGH COURT

 Labour Court not to become functus officio for recalling the ex-parte order
2011 LLR 244
DELHI HIGH COURT

 Back-wages on reinstatement not justified in the absence of evidence of unemployment.
2011 LLR 245
ALLAHABAD HIGH COURT

 Withdrawal of recognition of a union will not be interfered.
2011 LLR 246
ALLAHABAD HIGH COURT

 Proceedings under section 45-A ESI and under section 75 of the Employees'' State Insurance Act are distinct.
2011 LLR 247
ANDHRA PRADESH HIGH COURT

 Workers, even engaged through the contractor, will get minimum wages in the scheduled employment.
2011 LLR 250
ANDHRA PRADESH HIGH COURT

 Abolition of temporary post can be construed as retrenchment.
2011 LLR 254
GUJARAT HIGH COURT

 Termination of an employee, engaged on temporary basis, will not be deemed illegal.
2011 LLR 254
GUJARAT HIGH COURT

 For claiming last drawn wages by a reinstated workman, gainful employment would also include self-employment.
2011 LLR 257
GUJARAT HIGH COURT

 Termination of contractual employment will not amount to retrenchment.
2011 LLR 260
GUJARAT HIGH COURT

 A temple will not be an ''industry'' under I.D. Act. Guj.
2011 LLR 262
GUJARAT HIGH COURT

 Reinstatement of a fixed-term employee is not proper.
2011 LLR 262
GUJARAT HIGH COURT

 Recovery Officer has to recover the gratuity as decided by the Authority under the Act.
2011 LLR 265
GUJARAT HIGH COURT

 Gratuity can be forfeited only for prescribed misconducts.
2011 LLR 265
GUJARAT HIGH COURT

 Payment of last drawn wages during pendency of proceedings in the higher court will accrue from institution of application.
2011 LLR 267
GUJARAT HIGH COURT

 Compensation, in lieu of reinstatement, will be appropriate when workman has lost confidence.
2011 LLR 269
MADRAS HIGH COURT

 For calculation of bonus, the departments and branches, having separate balance sheets, are to be treated independently.
2011 LLR 272
MADRAS HIGH COURT

 High Court can direct the government to refer the dispute of transferred employees.
2011 LLR 275
MADRAS HIGH COURT

 Reversion of workers will be null and void when violative of section 33(1)(a) of I.D. Act.
2011 LLR 278
MADRAS HIGH COURT

 Reinstatement of driver proper when employer failed to state that he has caused a fatal accident
2011 LLR 281
MADRAS HIGH COURT

 Minimum Wages Act not applicable upon Society registered under Tamil Nadu Co-operative Societies Act.
2011 LLR 283
MADRAS HIGH COURT

 Reinstatement proper when negligence of an employee was negligible.
2011 LLR 284
MADRAS HIGH COURT

 Labour Court not to interfere with findings of the Enquiry Officer and substitute its subjective opinion.
2011 LLR 286
MADRAS HIGH COURT

 It is not always for the Management to establish validity of an enquiry.
2011 LLR 286
MADRAS HIGH COURT

 Personal property of a Director can''t be attached for ESI dues.
2011 LLR 289
MADRAS HIGH COURT

 Prosecution of a Courier Company not being a factory is to be quashed.
2011 LLR 292
MADRAS HIGH COURT

 Transfer not justified when there is no vacancy.
2011 LLR 293
CALCUTTA HIGH COURT

 Transfer of Chemical Engineer assigning as Sales Manager from Durgapur to Calcutta , not justified.
2011 LLR 293
CALCUTTA HIGH COURT

 Merely stating that the transferred employee will get emolument not to justify transfer.
2011 LLR 293
CALCUTTA HIGH COURT

 Haryana State Agricultural Marketing Board, being a local authority, is not covered by the Bonus Act.
2011 LLR 301
PUNJAB AND HARYANA HIGH COURT

 Exemption under Provident Funds only when the employer offers better benefits.
2011 LLR 302
PUNJAB AND HARYANA HIGH COURT

 Government cannot delve into the merits of a dispute.
2011 LLR 304
JHARKHAND HIGH COURT

 Goldsmiths paid for the piece-meal work will not be employees for coverage under Provident Funds Act. 
2011 LLR 305
JHARKHAND HIGH COURT

 Prosecution of exempted employer under Minimum Wages Act, will not be tenable.
2011 LLR 306
PATNA HIGH COURT

 An employer aggrieved by the order of the provident fund authority can file appeal, not writ petition.
2011 LLR 308
UTTARAKHAND HIGH COURT

 An employee not entitled to be regularized unless the establishment is held to be ''industry''.
2011 LLR 309
UTTARAKHAND HIGH COURT

 Dismissing claim of the dependents of deceased merely because he was consuming alcohol and smoking is unjustified.
2011 LLR 310
KARNATAKA HIGH COURT

 Before presuming abandonment, the employer must send offer the employee to resume duties.
2011 LLR 312
DELHI HIGH COURT

 Compensation proper when abandonment by workman not proved.
2011 LLR 312
DELHI HIGH COURT

 Workman can raise dispute even after receiving benefits of VRS.
2011 LLR 315
DELHI HIGH COURT

 Allowances, even forming part of minimum wages , will not attract provident fund contribution.
2011 LLR 316
PUNJAB AND HARYANA HIGH COURT

 Railway canteen employees getting privileges will be its employees.
2011 LLR 319
DELHI HIGH COURT

 Applicability of Building and OCW Act not to be excluded upon a factory under construction.
2011 LLR 322
ORISSA HIGH COURT

 Dismissal of bus conductor, guilty of misappropriation, will not be interfered.
2011 LLR 329
MADRAS HIGH COURT

 EPF Appellate Tribunal can reduce or waive the damages levied by Provident Authority.
2011 LLR 332
BOMBAY HIGH COURT

 Period for daily wage working will not be considered for computing 240 days.
2011 LLR 333
DELHI HIGH COURT