IMPORTANT JUDGEMENTS for March 2013

IMPORTANT JUDGEMENTS

 Compensation, in lieu of reinstatement, proper to a worker on daily wages.
2013 LLR 225
SUPREME COURT OF INDIA

 Quitting job for no reason is resignation in duress.
2013 LLR 231
SUPREME COURT OF INDIA

 High Court will interfere when the Award of the Labour Court is erroneous.
2013 LLR 231
SUPREME COURT OF INDIA

 Reinstatement appropriate when resignation not voluntary.
2013 LLR 235
DELHI HIGH COURT

 An Award to be quashed when contrary to evidence.
2013 LLR 239
PUNJAB AND HARYANA HIGH COURT

 Resignation on letterhead of the Management, would not be genuine.
2013 LLR 239
PUNJAB AND HARYANA HIGH COURT

 Prosecution under Provident Fund Act lies against the person who is incharge.
2013 LLR 241
PUNJAB AND HARYANA HIGH COURT

 An incharge is ''employer'' under Provident Fund Act.
2013 LLR 241
PUNJAB AND HARYANA HIGH COURT

 No escape from damages/interest on delayed deposit of EPF contributions for non-allotment of code number.
2013 LLR 243
PUNJAB AND HARYANA HIGH COURT

 Denial of approval for dismissal u/s 33(2)(b) of ID Act will render it non est .
2013 LLR 246
ORISSA HIGH COURT

 Disputed facts cannot be adjudicated in writ petition.
2013 LLR 246
ORISSA HIGH COURT

 Appeal not writ is appropriate for challenging order of Provident Fund Authority.
2013 LLR 250
ORISSA HIGH COURT

 Removal of a worker, who worked for 240 days, without reason is untenable.
2013 LLR 251
CALCUTTA HIGH COURT

 Employer has to pay gratuity and notify to Controlling Authority.
2013 LLR 254
ALLAHABAD HIGH COURT

 Payment not made under head of gratuity can''t be set off towards payable gratuity.
2013 LLR 254
ALLAHABAD HIGH COURT

 Gratuity Act will apply when there are 21 employees.
2013 LLR 254
ALLAHABAD HIGH COURT

 Reinstatement will follow if retrenchment compensation is not paid.
2013 LLR 256
ALLAHABAD HIGH COURT

 Personal allegations without impleading the official is untenable.
2013 LLR 256
ALLAHABAD HIGH COURT

 If not contradicted, the contractor''s workers to be treated as employees of principal employer.
2013 LLR 262
GUJARAT HIGH COURT

 Theft is a grave misconduct hence justifies dismissal.
2013 LLR 269
KARNATAKA HIGH COURT

 Labour Court rightly refrained from interfering in dismissal for theft.
2013 LLR 269
KARNATAKA HIGH COURT

 Unauthorised and long absence must be treated seriously.
2013 LLR 271
KARNATAKA HIGH COURT

 Mere denial of back-wages is not an appropriate punishment for unauthorised absence for a long period.
2013 LLR 271
KARNATAKA HIGH COURT

 Enquiry when upheld as proper, punishment can''t be interfered by Court.
2013 LLR 273
DELHI HIGH COURT

 Dismissal justified when illness by the employee is not substantiated.
2013 LLR 273
DELHI HIGH COURT

 No violation of natural justice when employee does not participate in enquiry.
2013 LLR 273
DELHI HIGH COURT

 Employer not obliged to tell dis-satisfaction of probationer
2013 LLR 278
DELHI HIGH COURT

 For termination of probationer, when not stigmatic, no enquiry is necessary.
2013 LLR 278
DELHI HIGH COURT

 Only an employer can assess efficiency of a probationer.
2013 LLR 278
DELHI HIGH COURT

 Probationer can''t challenge his termination.
2013 LLR 278
DELHI HIGH COURT

 EPF contribution for non-identifiable workmen is not justified.
2013 LLR 282
PATNA HIGH COURT

 Liability for EPF contributions can''t be saddled upon an establishment without identification of employees.
2013 LLR 282
PATNA HIGH COURT

 A finding without evidence is not legal.
2013 LLR 282
PATNA HIGH COURT

 No back-wages on failing to prove unemployment during interregnum.
2013 LLR 285
ALLAHABAD HIGH COURT

 UP Industrial Disputes Act has parallel provisions to section 17-B of the ID Act.
2013 LLR 285
ALLAHABAD HIGH COURT

 Transfer of an employee to a different entity is not legal.
2013 LLR 289
ORISSA HIGH COURT

 Transfer to Delhi from Odisha can be challenged at Odisha
2013 LLR 289
ORISSA HIGH COURT

 On reinstatement, increments can''t be claimed.
2013 LLR 292
KARNATAKA HIGH COURT

 No consequential benefits when workman is gainfully employed.
2013 LLR 292
KARNATAKA HIGH COURT

 Non-bailable warrant without summons for violation of EPF Act to be quashed.
2013 LLR 294
KARNATAKA HIGH COURT

 Accident compensation, received under Workmen''s /Employees'' Compensation Act, will be adjusted under Motor Vehicles Act.
2013 LLR 295
SUPREME COURT OF INDIA

 Disciplinary authority has to initiate enquiry when it is vitiated by Court.
2013 LLR 301
SUPREME COURT OF INDIA

 Reinstatement is not a must for a sacked worker.
2013 LLR 305
SUPREME COURT OF INDIA

 An enquiry would be perverse in the absence of material evidence.
2013 LLR 307
DELHI HIGH COURT

 Resignation can''t be withdrawn after two years.
2013 LLR 309
DELHI HIGH COURT

 Reinstatement is set aside when the workman had failed to report for duty.
2013 LLR 312
DELHI HIGH COURT

 Transfer, when mala fide , will be interfered.
2013 LLR 314
BOMBAY HIGH COURT

 Transfer to be set aside when not bona fide
2013 LLR 314
BOMBAY HIGH COURT

 Absorption of a bank employee in a belated reference is liable to be set aside.
2013 LLR 317
PUNJAB AND HARYANA HIGH COURT

 Reinstatement is proper when only one out of five charges proved against a workman with 15 years of unblemished record.
2013 LLR 319
MADRAS HIGH COURT

 Mere identity card is not sufficient evidence for employer-employee relationship.
2013 LLR 323
PUNJAB AND HARYANA HIGH COURT

 Termination will be set aside when retrenchment compensation is not paid.
2013 LLR 324
JHARKHAND HIGH COURT

 High Court can quash any statutory notification issued by the State.
2013 LLR 326
GUJARAT HIGH COURT