IMPORTANT JUDGEMENTS for March 2015

IMPORTANT JUDGEMENTS

 Termination void ab initio without compliance of provisions of I.D. Act.
2015 LLR 225
SUPREME COURT OF INDIA

 No relief from Court when the law as prescribed is not complied with.
2015 LLR 225
SUPREME COURT OF INDIA

 Reinstatement with full back-wages appropriate when termination is void ab initio .
2015 LLR 225
SUPREME COURT OF INDIA

 Dismissal after 14 years of charge-sheet not appropriate.
2015 LLR 229
SUPREME COURT OF INDIA

 Abnormal delay in submitting enquiry report makes it ineffective.
2015 LLR 229
SUPREME COURT OF INDIA

 High Court to interfere with order of Labour Court when patently perverse.
2015 LLR 229
SUPREME COURT OF INDIA

 A teacher is also entitled to gratuity.
2015 LLR 233
DELHI HIGH COURT

 A letter bearing correct address would be presumed to have been served.
2015 LLR 235
DELHI HIGH COURT

 Challenging ex-parte Award after 5 years is not tenable.
2015 LLR 235
DELHI HIGH COURT

 An Award to be set aside only if it is based on no evidence.
2015 LLR 235
DELHI HIGH COURT

 A dispute untenable when employer offers reinstatement to worker.
2015 LLR 239
BOMBAY HIGH COURT

 Merely the employee nominated his father, pension to mother cannot be taken away.
2015 LLR 242
KERALA HIGH COURT

 EPF Authority must hear employer before imposing damages.
2015 LLR 243
KERALA HIGH COURT

 Financial difficulties can justify waiver of damages for delayed deposit of EPF contribution.
2015 LLR 243
KERALA HIGH COURT

 Delay for filing appeal in the EPF Tribunal can''t be condoned.
2015 LLR 246
KERALA HIGH COURT

 Appellate Authority can condone delay beyond limitation period.
2015 LLR 246
KERALA HIGH COURT

 Limitation Act is not applicable for appeals before EPF Tribunal.
2015 LLR 246
KERALA HIGH COURT

 Reinstatement and back-wages is not automatic.
2015 LLR 248
PUNJAB AND HARYANA HIGH COURT

 Compensation is appropriate to daily-wager on wrongful termination.
2015 LLR 248
PUNJAB AND HARYANA HIGH COURT

 Gratuity Act also applies to charitable trusts.
2015 LLR 249
PUNJAB AND HARYANA HIGH COURT

 Gratuity can''t be denied to an employee when others have been paid.
2015 LLR 249
PUNJAB AND HARYANA HIGH COURT

 No relief on failure to prove 240 days of working.
2015 LLR 250
ALLAHABAD HIGH COURT

 Burden of proof for working 240 days lies on person who pleads.
2015 LLR 250
ALLAHABAD HIGH COURT

 Civil Courts cannot decide labour disputes.
2015 LLR 254
SUPREME COURT OF INDIA

 Labour Court has to confine adjudication to terms of reference.
2015 LLR 254
SUPREME COURT OF INDIA

 Reference for 0regularisation can be made when contract of employment subsists.
2015 LLR 254
SUPREME COURT OF INDIA

 Accident compensation payable only if it has arisen out of and in the course of employment.
2015 LLR 260
BOMBAY HIGH COURT

 Transfer can''t be challenged under section 2A of I.D. Act.
2015 LLR 264
DELHI HIGH COURT

 Termination can''t be presumed in the absence of specific order.
2015 LLR 264
DELHI HIGH COURT

 Court can''t quash transfer when it is in accordance with terms of employment.
2015 LLR 264
DELHI HIGH COURT

 Section 2-A of I.D. Act to be invoked only against dismissal, discharge or retrenchment.
2015 LLR 264
DELHI HIGH COURT

 Unauthorised absence will justify termination.
2015 LLR 267
PUNJAB AND HARYANA HIGH COURT

 Identification of actual beneficiaries is must on passing of order under section 7A of the PF Act.
2015 LLR 269
PUNJAB AND HARYANA HIGH COURT

 EPF Authority can take police help for identification of beneficiaries.
2015 LLR 269
PUNJAB AND HARYANA HIGH COURT

 Abandonment of job rightly presumed if workman not responded to letters.
2015 LLR 271
PUNJAB AND HARYANA HIGH COURT

 No retrenchment compensation when workman abandoned his job.
2015 LLR 271
PUNJAB AND HARYANA HIGH COURT

 Death of Enquiry Officer not a valid cause for non production of enquiry report.
2015 LLR 272
PUNJAB AND HARYANA HIGH COURT

 Reinstatement of driver, terminated without due process, is justified.
2015 LLR 272
PUNJAB AND HARYANA HIGH COURT

 Non-production of enquiry report before Labour Court would vitiate enquiry.
2015 LLR 272
PUNJAB AND HARYANA HIGH COURT

 Compensation in lieu of reinstatement not always justified.
2015 LLR 274
GAUHATI HIGH COURT

 Reinstatement with back-wages appropriate if termination is illegal.
2015 LLR 274
GAUHATI HIGH COURT

 Regularisation of contractor''s employees by the principal employer is illegal merely on non-registration under CLRA Act.
2015 LLR 277
JHARKHAND HIGH COURT

 Oral evidence for 240 days working is not sufficient.
2015 LLR 277
JHARKHAND HIGH COURT

 Burden of proof for working 240 days lies on person who pleads.
2015 LLR 277
JHARKHAND HIGH COURT

 Only penal action is warranted for non-compliance of CLRA Act.
2015 LLR 277
JHARKHAND HIGH COURT

 Abandonment of job by a workman is depending upon his intention.
2015 LLR 284
DELHI HIGH COURT

 Compensation is appropriate when the shop is closed down.
2015 LLR 284
DELHI HIGH COURT

 Recovery of EPF dues can be stayed by High Court when the EPF Tribunal is not functioning.
2015 LLR 287
DELHI HIGH COURT

 Validity of enquiry is to be decided as preliminary issue.
2015 LLR 288
BOMBAY HIGH COURT

 Regularisation of contractor''s employees by the principal employer is illegal merely on non-registration under CLRA Act.
2015 LLR 292
CALCUTTA HIGH COURT

 Dismissal for misappropriation not disproportionate for blemished record.
2015 LLR 301
MADRAS HIGH COURT

 Non-examination of ticketless passengers would not vitiate enquiry.
2015 LLR 301
MADRAS HIGH COURT

 Leniency in matters of misappropriation is not proper.
2015 LLR 301
MADRAS HIGH COURT

 Compensation instead of reinstatement is appropriate.
2015 LLR 309
PUNJAB AND HARYANA HIGH COURT

 No relief from Court when the law as prescribed is not complied with.
2015 LLR 309
PUNJAB AND HARYANA HIGH COURT

 Non-compliance of section 25-F of I.D. Act would attract reinstatement with back-wages even for a casual worker.
2015 LLR 309
PUNJAB AND HARYANA HIGH COURT

 Death of pump drivers by suffocation will justify accident compensation.
2015 LLR 318
BOMBAY HIGH COURT

 Termination by abolishing the post in outsourcing the works to agencies would amount to retrenchment.
2015 LLR 320
PUNJAB AND HARYANA HIGH COURT