IMPORTANT JUDGEMENTS for March 2016

IMPORTANT JUDGEMENTS

 Absence of 140 days will justify dismissal from service.
2016 LLR 236
PUNJAB AND HARYANA HIGH COURT

 Compensation not reinstatement proper when industry is non-functional.
2016 LLR 225
SUPREME COURT OF INDIA

 Repeated extension for fixed period appointment will amount to unfair labour practice.
2016 LLR 239
PUNJAB AND HARYANA HIGH COURT

 Reducing accident compensation without reasons is unsustainable. 
2016 LLR 295
SUPREME COURT OF INDIA

 Interference in punishment by court is only when it is disproportionate.
2016 LLR 226
BOMBAY HIGH COURT

 Publication in newspaper would be appropriate when summons are not served.
2016 LLR 302
DELHI HIGH COURT

 Assessing loss of earning capacity for accident com pensation without verification by doctor not justified.
2016 LLR 311
GAUHATI HIGH COURT

 Drunk driver endangering lives of students is rightly terminated.
2016 LLR 258
PUNJAB AND HARYANA HIGH COURT

 Gratuity to be paid on five-year service irrespective of permanent or on temporary basis.
2016 LLR 305
BOMBAY HIGH COURT

 Dismissal justified for tampering bank records.
2016 LLR 317
PUNJAB AND HARYANA HIGH COURT

 During maternity period, employment is to be protected.
2016 LLR 328
BOMBAY HIGH COURT

 No additional dearness allowance to be paid when the total wages are higher than revised VDA.
2016 LLR 319
BOMBAY HIGH COURT

 Mere negligence does not justify dismissal of an employee.
2016 LLR 290
MADRAS HIGH COURT

 Compensation is appropriate on setting aside termination of casual employee.
2016 LLR 241
PUNJAB AND HARYANA HIGH COURT

 Tiffin allowance would also be considered for computation of compensation for accident.
2016 LLR 291
TRIPURA HIGH COURT

 Principal employer has to ensure minimum wages to workers of contractor.
2016 LLR 278
GUJARAT HIGH COURT

 Reinstatement is not automatic on every illegal termination. 
2016 LLR 261
RAJASTHAN HIGH COURT

 Any benefit being availed by workmen for 21 years cannot be withdrawn without ''notice of change''.
2016 LLR 270
CALCUTTA HIGH COURT

 Ex-parte Award to be set aside when summons by registered post are not received back.
2016 LLR 243
PUNJAB AND HARYANA HIGH COURT

 Abolition of contract labour to be decided by government, not adjudicator.
2016 LLR 246
KARNATAKA HIGH COURT

 Reinstatement with back-wages appropriate when Management fails to prove abandonment
2016 LLR 233
PUNJAB AND HARYANA HIGH COURT

 Reinstatement not proper to daily-wager with 20 months'' service.
2016 LLR 261
RAJASTHAN HIGH COURT

 An officer exercising supervisory powers is not a ''workman''.
2016 LLR 246
KARNATAKA HIGH COURT

 Misappropriation, proved in enquiry, will justify termination of service.
2016 LLR 257
PUNJAB AND HARYANA HIGH COURT

 In the ''course of employment'' under Employees'' Compensation Act means doing incidental work also.
2016 LLR 295
SUPREME COURT OF INDIA

 Setting aside ex-parte order by stating reasons is not to be interfered.
2016 LLR 267
PUNJAB AND HARYANA HIGH COURT

 Medical Practitioner must depose the physical disability of injured workman for calculating accident compensation.
2016 LLR 311
GAUHATI HIGH COURT

 Reliance only upon report of process server on service of summons is also doubtful.
2016 LLR 302
DELHI HIGH COURT

 No interference by Court in enquiry held as per natural justice.
2016 LLR 317
PUNJAB AND HARYANA HIGH COURT

 Washing, children education allowances and bonus not part of ''wages'' under Minimum Wages Act.
2016 LLR 319
BOMBAY HIGH COURT

 Termination of a woman employee during maternity leave for unauthorised absence to be set aside.
2016 LLR 328
BOMBAY HIGH COURT

 Management is to disprove when workman establishes 240 days working.
2016 LLR 265
DELHI HIGH COURT

 Dy. General Manager will not be a ''workman'' under ID Act.
2016 LLR 229
PATNA HIGH COURT

 A daily-wager performing work of permanent nature is to be regularised in service.
2016 LLR 272
GUJARAT HIGH COURT

 Fraudulent conduct, if not proved, will not justify punishment.
2016 LLR 253
MADRAS HIGH COURT

 Penalty and interest on accident compensation payable by the employer and not the insurer. 
2016 LLR 288
KERALA HIGH COURT

 Appeal against Controlling Authority to be filed within 60 days.
2016 LLR 260
PUNJAB AND HARYANA HIGH COURT

 Pension only on age of 50 years after completion of formalities.
2016 LLR 244
PUNJAB AND HARYANA HIGH COURT

 Misappropriation by an employee is a grave& serious misconduct.
2016 LLR 257
PUNJAB AND HARYANA HIGH COURT

 Principal employer is to ensure amenities to contractors'' employees.
2016 LLR 278
GUJARAT HIGH COURT

 Contract Labour (R&A) Act mandates registration by principal employer and licence by contractor.
2016 LLR 278
GUJARAT HIGH COURT

 Number of defaults, amount involved and periods are relevant for waiver/reduction of damages for delayed EPF dues.
2016 LLR 314
CALCUTTA HIGH COURT

 Appeal against BOCW Cess Act only when cess, as imposed, is deposited.
2016 LLR 308
ALLAHABAD HIGH COURT

 Late payment of compensation to be made by defaulting employer.
2016 LLR 278
GUJARAT HIGH COURT