IMPORTANT JUDGEMENTS for April 2011

IMPORTANT JUDGEMENTS

 Even after crossing initial period, a casual employee can''t claim permanency.
2011 LLR 337
SUPREME COURT OF INDIA

 Interference by Civil Court only in exceptional cases when the findings of the Enquiry Officer are perverse.
2011 LLR 341
DELHI HIGH COURT

 Court will not normally sit in appeal over the findings arrived of by the Enquiry Officer.
2011 LLR 341
DELHI HIGH COURT

 Right to receive gratuity is a statutory right and it cannot be forfeited in every type of termination.
2011 LLR 343
BOMBAY HIGH COURT

 Gratuity can''t be forfeited in the absence of disciplinary proceedings holding the employee guilty of specified misconduct.
2011 LLR 343
BOMBAY HIGH COURT

 Gratuity can''t be forfeited in the absence of misappropriation by an employee.
2011 LLR 343
BOMBAY HIGH COURT

 Compensation, not reinstatement, when retrenchment compensation not paid on termination.
2011 LLR 345
GUJARAT HIGH COURT

 Termination of a probationer not proper when Management has issued a show-cause notice.
2011 LLR 346
HIMACHAL PRADESH HIGH COURT

 Industrial Tribunal is not under obligation to call a witness suo motto for cross-examination.
2011 LLR 347
MADHYA PRADESH HIGH COURT

 While challenging retrenchment, it is for the workman to prove 240 days'' working.
2011 LLR 349
MADHYA PRADESH HIGH COURT

 Gratuity Act will be applicable upon a Library.
2011 LLR 351
MADRAS HIGH COURT

 Gratuity Act is special enactment with over-riding effect over the Provident Fund Act.
2011 LLR 351
MADRAS HIGH COURT

 For filing appeal under Gratuity Act, no extension by such subsequent period of 60 days.
2011 LLR 351
MADRAS HIGH COURT

 Compensation (60% back-wages) in lieu of reinstatement appropriate, till retirement.
2011 LLR 354
ORISSA HIGH COURT

 A Balsewika working for honourarium is not a ''workman''.
2011 LLR 357
PUNJAB AND HARYANA HIGH COURT

 Repeated breaks would amount to unfair labour practice under I.D. Act.
2011 LLR 359
PUNJAB AND HARYANA HIGH COURT

 Termination on abusive language towards superiors not sustainable in the absence of indication of the words or gestures.
2011 LLR 361
ALLAHABAD HIGH COURT

 Health of the citizens is the wealth of the nation.
2011 LLR 366
DELHI HIGH COURT

 Strike by doctors, etc. in AIIMS is illegal.
2011 LLR 366
DELHI HIGH COURT

 No one can coerce the willing workers and the doctors not to attend to the patients in Hospital.
2011 LLR 366
DELHI HIGH COURT

 Employer-employee relationship under Bombay Industrial Relations Act and MRTU&PULP Act need further elucidation.
2011 LLR 374
SUPREME COURT OF INDIA

 Withdrawal of recognition of a Trade Union without opportunity of hearing not proper.
2011 LLR 376
DELHI HIGH COURT

 Dismissal of appeal by EPF Tribunal without supporting reasons not proper.
2011 LLR 380
BOMBAY HIGH COURT

 On re-employment also, gratuity is payable.
2011 LLR 382
BOMBAY HIGH COURT

 Calculating compensation @ Rs.2,500 per month not proper when the deceased admittedly was getting Rs.4,000.
2011 LLR 385
BOMBAY HIGH COURT

 When an enquiry is found to be defective, the employer can adduce supporting evidence.
2011 LLR 386
BOMBAY HIGH COURT

 Summoning of Chairman & Managing Director not proper merely that company''s witness has not answered questions.
2011 LLR 395
BOMBAY HIGH COURT

 Gratuity can''t be forfeited in the absence of disciplinary proceedings holding the employee guilty of specified misconduct.
2011 LLR 397
BOMBAY HIGH COURT

 Reference of a belated dispute is liable to be quashed.
2011 LLR 398
DELHI HIGH COURT

 Daily wagers not entitled to invoke doctrine of ''equal work, equal pay''.
2011 LLR 402
HIMACHAL PRADESH HIGH COURT

 Allowing wages for not providing work after reinstatement of workman not illegal.
2011 LLR 405
MADHYA PRADESH HIGH COURT

 Reinstatement with back-wages is not a rule when termination of workman is held to be illegal.
2011 LLR 406
PUNJAB AND HARYANA HIGH COURT

 Prosecution for MD and Chief Regional Manager for ERA violation not proper when they were not directly responsible.
2011 LLR 410
KARNATAKA HIGH COURT

 Dismissal of bus conductor for misappropriation not to be interfered.
2011 LLR 412
KARNATAKA HIGH COURT

 In the absence of specific order of dismissal for riotous behaviour, forfeiture of gratuity not proper
2011 LLR 416
MADRAS HIGH COURT

 Recovering EPF without affording an opportunity is violative of natural justice.
2011 LLR 418
UTTARAKHAND HIGH COURT

 No automatic reinstatement merely because retrenchment compensation not paid at the time of termination.
2011 LLR 419
UTTARAKHAND HIGH COURT

 Back-wages not proper to daily wagers on setting aside their termination.
2011 LLR 421
GUJARAT HIGH COURT

 Regularization of daily-wagers liable to be quashed.
2011 LLR 422
GUJARAT HIGH COURT

 Prosecution of ladies for violation of CLRA Act liable to be quashed when they were not involved in business transactions.
2011 LLR 424
JHARKHAND HIGH COURT

 Issuance of summons without adopting the procedure would be contrary to the procedural law.
2011 LLR 424
JHARKHAND HIGH COURT

 Working Journalists Act etc. will prevail over Gratuity Act for gratuity to newspaper employees.
2011 LLR 426
SUPREME COURT OF INDIA

 100% disability will be construed for accident compensation to a driver, even if he sustained 20-25% physical disability.
2011 LLR 428
DELHI HIGH COURT

 Director or the Managing Director of a company, receiving salary are coverable under ESI Act.
2011 LLR 433
PUNJAB AND HARYANA HIGH COURT

 Insurance Court has rightly held a non-profit making organization to deposit 50% of the claimed amount.
2011 LLR 435
PUNJAB AND HARYANA HIGH COURT

 An error of fact or law can''t be corrected in supervisory jurisdiction of the High Court.
2011 LLR 435
PUNJAB AND HARYANA HIGH COURT

 Dominant test for an establishment an ''industry'' will be its activity.
2011 LLR 438
MADRAS HIGH COURT

 Removal from service for assaulting co-worker cannot be overlooked merely that the victim has back-tracked.
2011 LLR 438
MADRAS HIGH COURT