IMPORTANT JUDGEMENTS for April 2013

IMPORTANT JUDGEMENTS

 ''Hire and fire'' policy, in a PSU, is illegal.
2013 LLR 337
SUPREME COURT OF INDIA

 A PSU is amenable to writ jurisdiction.
2013 LLR 337
SUPREME COURT OF INDIA

 Principal employer will pay EPF contribution if contractor fails to deposit.
2013 LLR 347
DELHI HIGH COURT

 Definition of an ''employee'' under Provident Fund Act is wider than a ''worker'' under the Factories Act or a ''workman'' under ID Act.
2013 LLR 347
DELHI HIGH COURT

 Tribunal can pierce veil to find whether contract labour system is genuine or not.
2013 LLR 352
DELHI HIGH COURT

 Even registration of principal employer and licence by contractor may render the contract sham.
2013 LLR 352
DELHI HIGH COURT

 A contract is not valid when principal employer controls economic activities.
2013 LLR 352
DELHI HIGH COURT

 Work in kitchen of a hotel is of perennial nature.
2013 LLR 352
DELHI HIGH COURT

 Habitual absence/negligence is not a minor misconduct.
2013 LLR 362
DELHI HIGH COURT

 Unpunctual and irregular employee is not fit for employment.
2013 LLR 362
DELHI HIGH COURT

 Burden is upon the workman to disprove negligence
2013 LLR 362
DELHI HIGH COURT

 Labour Court will first decide whether Branch Manager is a workman or not.
2013 LLR 364
BOMBAY HIGH COURT

 Reasons are must for imposing10 times damages for short of minimum wages.
2013 LLR 367
ALLAHABAD HIGH COURT

 Reinstatement of daily wages workman is not justified for non-payment of retrenchment compensation.
2013 LLR 367
ALLAHABAD HIGH COURT

 Back-wages on reinstatement are not automatic.
2013 LLR 369
ALLAHABAD HIGH COURT

 Back-wages can''t be granted unless pleaded.
2013 LLR 369
ALLAHABAD HIGH COURT

 Back-wages not proper if dispute raised after 9 years.
2013 LLR 369
ALLAHABAD HIGH COURT

 Insolvency is no excuse for delayed ESI contributions.
2013 LLR 372
KERALA HIGH COURT

 Imprisonment to be set aside for delayed deposit of ESI contributions.
2013 LLR 372
KERALA HIGH COURT

 Principal employer is liable if contractor fails to pay gratuity
2013 LLR 374
MADRAS HIGH COURT

 A contractor is primarily liable to pay gratuity.
2013 LLR 374
MADRAS HIGH COURT

 Industrial Tribunal is empowered to grant interim relief.
2013 LLR 376
RAJASTHAN HIGH COURT

 High Court will not interfere in Award of interim relief.
2013 LLR 376
RAJASTHAN HIGH COURT

 If not objected within 15 days, declaration of protected men on termination be automatic.
2013 LLR 378
DELHI HIGH COURT

 For dismissal of protected workman, permission under section 33(3) ID Act is mandatory.
2013 LLR 378
DELHI HIGH COURT

 Retrenched workmen not entitled to re-employment with new employer.
2013 LLR 384
PATNA HIGH COURT

 No interference by High Court in discretionary power of Insurance Court .
2013 LLR 386
CALCUTTA HIGH COURT

 Reinstatement not proper in absence of employer-employee relationship.
2013 LLR 387
ALLAHABAD HIGH COURT

 Dismissal for drinking & misbehaving would be set aside when enquiry not fair.
2013 LLR 391
DELHI HIGH COURT

 Changing designation of a driver to lift-operator will be unfair labour practice.
2013 LLR 395
BOMBAY HIGH COURT

 Reference of a dispute cannot be rejected because retrenchment compensation is paid.
2013 LLR 399
BOMBAY HIGH COURT

 A personal driver of an official can''t claim to be bank employee.
2013 LLR 400
PUNJAB AND HARYANA HIGH COURT

 A contract of personal service cannot be enforced.
2013 LLR 400
PUNJAB AND HARYANA HIGH COURT

 An ex-parte order can be set aside against heavy cost.
2013 LLR 402
PUNJAB AND HARYANA HIGH COURT

 Rejection of adjournment request supported with Ayurvedic doctor not appropriate.
2013 LLR 402
PUNJAB AND HARYANA HIGH COURT

 Retrenchment is illegal when retrenchment compensation not paid simultaneously with termination.
2013 LLR 403
PUNJAB AND HARYANA HIGH COURT

 A Polytechnic will be an ''industry'' under ID Act.
2013 LLR 403
PUNJAB AND HARYANA HIGH COURT

 Ex-parte Award will be set aside when summons not sent at permanent address.
2013 LLR 404
PUNJAB AND HARYANA HIGH COURT

 Termination of a probationer-chowkidar for absenting one night will be set aside for want of hearing.
2013 LLR 408
PUNJAB AND HARYANA HIGH COURT

 Retrenchment is illegal on non-payment of compensation
2013 LLR 408
PUNJAB AND HARYANA HIGH COURT

 Due weightage is to be given to tripartite settlement binding on all parties.
2013 LLR 412
KERALA HIGH COURT

 Orders of reference for adjudication are not immune from judicial review.
2013 LLR 412
KERALA HIGH COURT

 Transfers will be interfered only if violative of statutory provisions or is malafide .
2013 LLR 415
MADRAS HIGH COURT

 Communication of transfer by General Manager instead of Managing Director will not vitiate it.
2013 LLR 415
MADRAS HIGH COURT

 Transfer will not to be vitiated merely because it was not communicated by Managing Director.
2013 LLR 415
MADRAS HIGH COURT

 Staff Society, Housing & Vehicle Loan or Professional Tax etc. can''t be adjusted against gratuity.
2013 LLR 418
MADHYA PRADESH HIGH COURT

 Gratuity can be forfeited only on termination for prescribed misconduct(s)
2013 LLR 418
MADHYA PRADESH HIGH COURT

 Mere pendency of enquiry would not justify the forfeiture of gratuity.
2013 LLR 418
MADHYA PRADESH HIGH COURT

 Successive appointments for fixed-term employment will be unfair labour practice.
2013 LLR 420
DELHI HIGH COURT

 Compensation of Rs.2.00 lacs would be justified when 24 years have lapsed. 
2013 LLR 420
DELHI HIGH COURT

 Interference in punishment by Labour Court is not proper after upholding the enquiry.
2013 LLR 423
DELHI HIGH COURT

 Return of stolen watch will not absolve an employee from his dismissal.
2013 LLR 423
DELHI HIGH COURT

 Non-examination of guest for theft is not fatal to validity of enquiry
2013 LLR 423
DELHI HIGH COURT

 Retrenchment is illegal on non-payment of compensation
2013 LLR 426
PUNJAB AND HARYANA HIGH COURT

 Termination must be challenged timely even in the absence of limitation.
2013 LLR 427
PUNJAB AND HARYANA HIGH COURT

 Re-employment of retrenched worker needs supporting reasons.
2013 LLR 427
PUNJAB AND HARYANA HIGH COURT

 Compensation is proper for want of strict compliance of section 25F of ID Act.
2013 LLR 429
PUNJAB AND HARYANA HIGH COURT

 nquiry not to be vitiated when delinquent was allowed to inspect the record.
2013 LLR 431
HIMACHAL PRADESH HIGH COURT

 Termination justified when school certificate not produced.
2013 LLR 431
HIMACHAL PRADESH HIGH COURT

 A Christian can''t claim to be schedule caste for recruitment. 
2013 LLR 431
HIMACHAL PRADESH HIGH COURT

 A charge-sheet will not be vague because the foul language is not reproduced.
2013 LLR 433
ANDHRA PRADESH HIGH COURT

 Dismissal not to be modified merely no witness, other than assaulted officer, appeared.
2013 LLR 433
ANDHRA PRADESH HIGH COURT

 High Court will not interfere in dismissal for assaulting the superior.
2013 LLR 433
ANDHRA PRADESH HIGH COURT

 Provident Fund Officer being quasi judicial can''t defend its decision before Tribunal.
2013 LLR 437
ANDHRA PRADESH HIGH COURT