IMPORTANT JUDGEMENTS for April 2008

IMPORTANT JUDGEMENTS

 When the IE (Standing Ordersg) Act is applicable for enquiry, the dispute will fall under ID Act.
2008 LLR 337
SUPREME COURT OF INDIA

 50% back wages will be appropriate when workman was running a betel shop.
2008 LLR 343
SUPREME COURT OF INDIA

 Deposit of ESI and PF contributions by principal employer for contractor''s employees will not be a deciding factor for genuineness of contract.
2008 LLR 344
BOMBAY HIGH COURT

 When the Industrial Tribunal has examined factual aspects whether the contract is genuine or not, the High Court will not interfere.
2008 LLR 344
BOMBAY HIGH COURT

 Maintaining register by the principal employer for contractor''s workers, will not mean control by the company.
2008 LLR 344
BOMBAY HIGH COURT

 Under Contract Labour (R&A) Act, Government can also suo moto abolish contract system.
2008 LLR 344
BOMBAY HIGH COURT

 Merely because employees were doing some work, other than the housekeeping, it would not change contract. 
2008 LLR 344
BOMBAY HIGH COURT

 Exercising of control over workers will determine genuineness of the contract.
2008 LLR 344
BOMBAY HIGH COURT

 Contractor''s workers are estopped to state as working for principal employer having already stated to be working with contractor .
2008 LLR 357
SUPREME COURT OF INDIA

 Similar wages to workers of contractor not payable when they were doing only intermittent work of regular employees.
2008 LLR 357
SUPREME COURT OF INDIA

 Confirmation of order of lower forum by Appellate Disciplinary Authority without stating any supporting reason would not be sustainable.
2008 LLR 359
SUPREME COURT OF INDIA

 Co-operative societies rendering domestic services to its members like operating lifts, cleaning, etc. are not coverable by ESI Act.
2008 LLR 362
BOMBAY HIGH COURT

 A Co-operative Housing Society providing services to its employees cannot be construed as a '˜shop' for coverage under the ESI Act.
2008 LLR 362
BOMBAY HIGH COURT

 A hospital, employing ten persons, will be covered by the Maternity Benefit Act even though excluded by Shops & Establishments Act.
2008 LLR 371
KERALA HIGH COURT

 Directors of a Company cannot be prosecuted for non payment of ESI dues without making the Company liable.
2008 LLR 373
PATNA HIGH COURT

 An apprentice or a probationer will be a ''workman'' under the IE (Standing Orders) Act.
2008 LLR 375
KERALA HIGH COURT

 A Certifying Officer cannot suo moto review or cancel the certification of Standing Orders.
2008 LLR 375
KERALA HIGH COURT

 Deoghar Satsang , propagating the teaching of the Guru will not be ''industry''.
2008 LLR 379
JHARKHAND HIGH COURT

 Persons serving Deoghari Satsang by giving Skalpatra to serve voluntarily cannot claim to be ''workmen''.
2008 LLR 379
JHARKHAND HIGH COURT

 Under Workmen''s Compensation Act, a claim lies where the claimants of deceased reside.
2008 LLR 386
SUPREME COURT OF INDIA

 Under Workmen's Compensation Act, an appeal shall lie only on a question of law.
2008 LLR 389
JHARKHAND HIGH COURT

 Non registration of employer under Contract Labour (R&A) Act can attract penalty but not regularisation of workers of contractors.
2008 LLR 391
PUNJAB AND HARYANA HIGH COURT

 Even when neither the principal employer has registration certificate nor the contractor a licence under CL(R&A) Act, contractor''s workers will not be employees of the principal employer.
2008 LLR 391
PUNJAB AND HARYANA HIGH COURT

 Merely alleging that the contract labour system was sham or camouflage, no relief can be awarded.
2008 LLR 391
PUNJAB AND HARYANA HIGH COURT

 Employment of a contract labourer through a contractor must be bona fide.
2008 LLR 391
PUNJAB AND HARYANA HIGH COURT

 Reinstatement of six workmen of contractor by principal employer, being erroneous, is to be set aside.
2008 LLR 391
PUNJAB AND HARYANA HIGH COURT

 Contract Labour (R&A) Act does not provide total abolition of contract labour but regularisation also.
2008 LLR 391
PUNJAB AND HARYANA HIGH COURT

 No interference required when termination made for loss of confidence.
2008 LLR 402
ALLAHABAD HIGH COURT

 Offer of retrenchment compensation to a workman at the time of his termination will amount to legal compliance of provisions of law .
2008 LLR 402
ALLAHABAD HIGH COURT

 An employee, supervising work of over 175 weavers etc., will not be a ''workman''.
2008 LLR 405
DELHI HIGH COURT

 Non-payment of retrenchment compensation will not be justified merely because the address of workman was not available.
2008 LLR 407
DELHI HIGH COURT

 Compensation, in lieu of reinstatement, would be appropriate when workers have become surplus.
2008 LLR 407
DELHI HIGH COURT

 Back-wages on reinstatement not to be awarded when the workman failed to plead his unemployment. 
2008 LLR 407
DELHI HIGH COURT

 Coverage of an amusement park under the Provident Funds Act without ascertaining the ''head'' will not be legal.
2008 LLR 411
DELHI HIGH COURT

 Misappropriation of even Re.1.10/- by a bus conductor will justify his dismissal.
2008 LLR 414
MADRAS HIGH COURT

 Quantum of amount, as misappropriated, is immaterial for imposing punishment.
2008 LLR 414
MADRAS HIGH COURT

 Provident fund dues cannot be recovered from a Director who did not have any financial or managerial control over the company.
2008 LLR 417
DELHI HIGH COURT

 Dismissal of a machinist, sleeping while on duty, will be disproportionate to the misconduct.
2008 LLR 422
GUJARAT HIGH COURT

 Civil Courts are debarred in entertaining the suit pertaining to validity of disciplinary action.
2008 LLR 424
MADRAS HIGH COURT

 Writ jurisdiction can be exercised when the civil court has wrongly interfered with disciplinary proceedings. 
2008 LLR 424
MADRAS HIGH COURT

 Termination of a probationer will be set aside when show-cause notice given but no enquiry held.
2008 LLR 428
SUPREME COURT OF INDIA

 Termination on preliminary enquiry that too at the back of employee will be set aside.
2008 LLR 428
SUPREME COURT OF INDIA

 For termination of an employee, the motive is entirely different from foundation.
2008 LLR 428
SUPREME COURT OF INDIA

 Dismissal of the workman is to be restored when fairness of enquiry not challenged.
2008 LLR 432
SUPREME COURT OF INDIA

 Standard of proof in disciplinary proceedings and criminal trial is entirely different.
2008 LLR 432
SUPREME COURT OF INDIA

 Reinstatement of safaiwala is liable to be set aside when the post was not sanctioned.
2008 LLR 435
SUPREME COURT OF INDIA

 It is for workman to prove to have worked for 240 days in a calendar year preceding termination.
2008 LLR 435
SUPREME COURT OF INDIA

 Reinstatement awarded by Labour Court to be set aside when employer''s plea that the workman was engaged through contractor was ignored.
2008 LLR 438
SUPREME COURT OF INDIA

 Dismissal of a workman for unauthorised absence is wrongly interfered by the Tribunal awarding reinstatement.
2008 LLR 440
SUPREME COURT OF INDIA

 Encashment of leave not to be included for provident fund contributions.
2008 LLR 443
SUPREME COURT OF INDIA

 While computing the interest on delayed payment of provident fund contributions, the Authority must give a reasonable opportunity to the employer.
2008 LLR 447
CALCUTTA HIGH COURT