IMPORTANT JUDGEMENTS for March 2012

IMPORTANT JUDGEMENTS

 Rules for regular staff do not apply to contractual employees.
2012 LLR 225
SUPREME COURT OF INDIA

 Enquiry is not to be stayed pending criminal trial.
2012 LLR 236
KARNATAKA HIGH COURT

 Sleeping partner can also be prosecuted for provident fund default.
2012 LLR 232
PATNA HIGH COURT

 Punishment, as imposed by employer, can''t be interfered with by Tribunal.
2012 LLR 236
KARNATAKA HIGH COURT

 Prosecuting Managing Director and other officers, without stating the official capacity, is to be quashed. 
2012 LLR 255
JHARKHAND HIGH COURT

 Even oral abuses would justify dismissal.
2012 LLR 239
DELHI HIGH COURT

 Onus to prove unemployment of workman is on the employee
2012 LLR 250
MADHYA PRADESH HIGH COURT

 Cess under BOCW Act is payable by contractor/employer.
2012 LLR 273
ANDHRA PRADESH HIGH COURT

 Enquiry is to be decided as a preliminary issue during adjudication.
2012 LLR 268
DELHI HIGH COURT

 Ex-parte order is to be stayed when summons not served.
2012 LLR 311
ALLAHABAD HIGH COURT

 Direct settlements for accident compensation not legal.
2012 LLR 309
RAJASTHAN HIGH COURT

 Courts should keep off in disputes related to contractual employments.
2012 LLR 255
JHARKHAND HIGH COURT

 Preliminary issues will be decided first instead of wasting valuable time.
2012 LLR 290
BOMBAY HIGH COURT

 Rs.75,000, incurred for medical treatment of ESI member, is rightly allowed.
2012 LLR 235
KARNATAKA HIGH COURT

 Allowing gratuity to teachers with retrospective date not illegal.
2012 LLR 292
GUJARAT HIGH COURT

 Continuous service under Gratuity Act will to be presumed in absence of notice of break by employer.
2012 LLR 263
KARNATAKA HIGH COURT

 Declining approval for dismissal is not proper when enquiry is upheld.
2012 LLR 261
KARNATAKA HIGH COURT

 Demanding provident fund contributions untenable when earlier one has been quashed.
2012 LLR 258
PATNA HIGH COURT

 Both, the principal employer and contractor are liable for compensation if the contractor''s employee meets with accident.
2012 LLR 259
PUNJAB AND HARYANA HIGH COURT

 After publication of an ex-parte Award, Labour Court becomes functus officio and Award can''t be stayed.
2012 LLR 252
PUNJAB AND HARYANA HIGH COURT

 Contractor only making payment is not necessarily to be impleaded in litigation.
2012 LLR 245
DELHI HIGH COURT

 Modifying dismissal of worker into stoppage of increments is not proper.
2012 LLR 278
KARNATAKA HIGH COURT

 Interim relief to the workman is justified during pendency of adjudication.
2012 LLR 269
DELHI HIGH COURT

 High Court will not interfere in factual aspects.
2012 LLR 269
DELHI HIGH COURT

 Staying of enquiry proceedings is not proper.
2012 LLR 283
BOMBAY HIGH COURT

 For banks, appropriate Government for deciding disputes is Central, not State .
2012 LLR 290
BOMBAY HIGH COURT

 For seeking exemption from Provident Fund, the employer provides benefits more favourable to employees.
2012 LLR 313
PUNJAB AND HARYANA HIGH COURT

 Minimum wages of State will apply for a bank.
2012 LLR 265
BOMBAY HIGH COURT

 Termination on failure to pass a test amounts to retrenchment
2012 LLR 234
PUNJAB AND HARYANA HIGH COURT

 Termination after 15 years for not qualifying test is not tenable.
2012 LLR 271
DELHI HIGH COURT

 Workman must state unemployment for claiming back-wages.
2012 LLR 297
GUJARAT HIGH COURT

 Compensation not reinstatement would be appropriate relief to casual workmen.
2012 LLR 317
JHARKHAND HIGH COURT

 Rejection of appeal by EPF Tribunal will not be interfered when employer does not reply to show cause notice.
2012 LLR 319
MADHYA PRADESH HIGH COURT

 Findings of enquiry can''t be set aside on acquittal.
2012 LLR 236
KARNATAKA HIGH COURT

 Reinstatement is appropriate when insubordination not proved.
2012 LLR 242
DELHI HIGH COURT

 Contract Labour (R&A) Act is a social welfare legislation.
2012 LLR 248
JHARKHAND HIGH COURT

 Appeal, not writ, will lie against order under section 7A of EPF & MP Act.
2012 LLR 254
JHARKHAND HIGH COURT

 Gratuity cannot be recovered from the legal heirs.
2012 LLR 251
PATNA HIGH COURT

 Court can interfere with the punishment only when it is grossly unjust and shocks the conscience.
2012 LLR 242
DELHI HIGH COURT

 Degree of proof is not rigid in enquiry.
2012 LLR 236
KARNATAKA HIGH COURT

 Adjournment application after earlier adjournments is rightly rejected.
2012 LLR 242
DELHI HIGH COURT

 Claim for accident compensation can be rejected only when employee disobeys instructions
2012 LLR 276
MADHYA PRADESH HIGH COURT

 Lighter job may be provided as per settlement to a medically unfit person
2012 LLR 281
DELHI HIGH COURT

 Legislature can also enact laws retrospectively
2012 LLR 292
GUJARAT HIGH COURT

 Provident Fund Act, 1952 will not be applicable to the establishments under the control of Governments. 
2012 LLR 306
MADHYA PRADESH HIGH COURT

 Order of Provident Fund Authority, not in conformity with section 7-C, will be quashed.
2012 LLR 320
MADHYA PRADESH HIGH COURT