IMPORTANT JUDGEMENTS for April 2014

IMPORTANT JUDGEMENTS

 High Court erred in setting aside dismissal of workman after enquiry wherein charges were proved.
2014 LLR 337
SUPREME COURT OF INDIA

 Reinstatement is proper when workman has withdrawn the option for VRS before acceptance.
2014 LLR 337
SUPREME COURT OF INDIA

 Dismissal of Junior Engineer for unauthorized absence is valid.
2014 LLR 337
SUPREME COURT OF INDIA

 Appearance of a lawyer before Labour Court, if not objected on first date, can''t be objected later.
2014 LLR 345
DELHI HIGH COURT

 240 days working is must for challenging illegal termination.
2014 LLR 347
DELHI HIGH COURT

 Dismissal justified for unauthorized absence for over one year.
2014 LLR 349
DELHI HIGH COURT

 Dismissal for unauthorized and long absence after enquiry is not disproportionate to misconduct.
2014 LLR 349
DELHI HIGH COURT

 Intimation only 2 days before leaving for abroad for a long period would justify termination.
2014 LLR 352
DELHI HIGH COURT

 Dispute raised after 8 years not tenable.
2014 LLR 352
DELHI HIGH COURT

 Compensation would be appropriate after long litigation of 22 years.
2014 LLR 356
DELHI HIGH COURT

 A dispute can be raised before Labour Court within 3 years.
2014 LLR 357
DELHI HIGH COURT

 Managing Director, when not managing affairs of company, cannot be prosecuted for violation of ESI Act.
2014 LLR 359
KERALA HIGH COURT

 Prosecution is liable to be quashed when employer has already deposited ESI dues.
2014 LLR 359
KERALA HIGH COURT

 Abolition of contract labour will not result in direct employment by principal employer.
2014 LLR 362
JHARKHAND HIGH COURT

 Mere violation of Contract Labour (R&A) Act not to result into automatic absorption of contract workers.
2014 LLR 362
JHARKHAND HIGH COURT

 Gratuity can be forfeited when termination is under section 4(6) of the Gratuity Act.
2014 LLR 366
RAJASTHAN HIGH COURT

 Dismissal would be justified when delinquent fails to prove that complaint against him was mala fide.
2014 LLR 368
UTTARAKHAND HIGH COURT

 Misconduct when proved, sympathy is irrelevant.
2014 LLR 368
UTTARAKHAND HIGH COURT

 Findings of disciplinary authority should not be interfere by the Courts.
2014 LLR 368
UTTARAKHAND HIGH COURT

 Owner of a vehicle has to ensure driver possesses valid licence and not to verify from the licencing authority.
2014 LLR 369
HIMACHAL PRADESH HIGH COURT

 Dismissal of bank employee justified when he has violated statutory regulation by recommending loans.
2014 LLR 371
MADRAS HIGH COURT

 Transfer when as per condition of service should not be set aside.
2014 LLR 379
DELHI HIGH COURT

 Employer not the Court to decide where an employee should be posted.
2014 LLR 379
DELHI HIGH COURT

 Legal assistant holding power of attorney not a ''workman''.
2014 LLR 383
DELHI HIGH COURT

 Reinstatement not to be interfered when termination is violative of section 25F of the ID Act.
2014 LLR 389
DELHI HIGH COURT

 Seeking correction of date of birth, when not belated, should be considered.
2014 LLR 391
GAUHATI HIGH COURT

 Labour Court is empowered to recall its order when there is sufficient cause for non-appearance.
2014 LLR 394
PUNJAB AND HARYANA HIGH COURT

 Rejection presumed if an application for approval of termination is withdrawn.
2014 LLR 397
CALCUTTA HIGH COURT

 On complaint under section 33A of ID Act there will be adjudication.
2014 LLR 397
CALCUTTA HIGH COURT

 Approval for termination from the Authority before whom dispute is pending, must be obtained.
2014 LLR 397
PUNJAB AND HARYANA HIGH COURT

 High Court will not interfere merely when summons received from Appellate Authority.
2014 LLR 397
PUNJAB AND HARYANA HIGH COURT

 Retrenchment not vitiated by merely stating that junior workmen are retained.
2014 LLR 400
DELHI HIGH COURT

 Ex-parte Award to be set aside if employer alleges that workman was not employed by it.
2014 LLR 404
DELHI HIGH COURT

 Settlement curtailing statutory rights of employees would be null and void.
2014 LLR 406
PUNJAB AND HARYANA HIGH COURT

 Damages for delayed deposit of provident fund can be demanded from issue of notification.
2014 LLR 409
ALLAHABAD HIGH COURT

 Minimum wages for managers not legal since they are not workmen.
2014 LLR 415
KERALA HIGH COURT

 Providing '˜service weightage' for fixing minimum wages would not be bad in law.
2014 LLR 415
KERALA HIGH COURT

 On applicability of ESI Act, medical allowance will be discontinued.
2014 LLR 418
PUNJAB AND HARYANA HIGH COURT

 Secretary of society exercising managerial functions will not be a ''workman''.
2014 LLR 421
KERALA HIGH COURT

 Termination for stealing of watch of co-worker without enquiry would be vitiated.
2014 LLR 422
ALLAHABAD HIGH COURT

 Compensation instead of reinstatement would be appropriate after 26 years of litigation.
2014 LLR 422
ALLAHABAD HIGH COURT

 In a dispute, appropriate government exercises only administrative functions.
2014 LLR 426
GUJARAT HIGH COURT

 Declining to refer a dispute for general demands would not be justified.
2014 LLR 426
GUJARAT HIGH COURT

 Reinstatement of contractual employee is liable to be set aside.
2014 LLR 428
GUJARAT HIGH COURT