IMPORTANT JUDGEMENTS for May 2010

IMPORTANT JUDGEMENTS

 Labour Commissioner has erred in allowing equal wages to contractor''s workers as those of regular workers.
2010 LLR 453
SUPREME COURT OF INDIA

 Dismissal is liable to be set aside when the enquiry is violative of principles of natural justice.
2010 LLR 494
SUPREME COURT OF INDIA

 For claiming compensation of deceased employee, the claimant has to establish the nexus between accident and the death.
2010 LLR 449
SUPREME COURT OF INDIA

 Transfer of office-bearers of the Officers'' Association due to exigencies of service is prerogative of the employer.
2010 LLR 553
MADHYA PRADESH HIGH COURT

 Prosecution against Chairman of Jet Airlines ( India ) Pvt. Ltd. without stating charge is to be quashed.
2010 LLR 522
KARNATAKA HIGH COURT

 Recovering provident fund dues from Managing Director without ascertaining whether he is an employer or not, is liable to be set aside.
2010 LLR 552
CALCUTTA HIGH COURT

 Prosecution of R.N. Tata as an occupier of the factory is liable to be quashed when he was not associated with factory.
2010 LLR 527
MADHYA PRADESH INDUSTRIAL COURT, INDORE

 Prosecution of other than occupier of a factory for death of a worker, engaged through a contractor, is to be set aside.
2010 LLR 504
JHARKHAND HIGH COURT

 Government cannot decide as to whether a contract between the Principal Employer and the Contractor is a sham or genuine.
2010 LLR 478
MADRAS HIGH COURT

 A single charge of dishonesty on the part of a worker is so severe to dispense with his service.
2010 LLR 492
MADRAS HIGH COURT

 Reinstatement of workman is appropriate whose signature on final payment were forged.
2010 LLR 533
DELHI HIGH COURT

 Reinstatement would be appropriate when LIC has failed to prove charges against the workman.
2010 LLR 494
SUPREME COURT OF INDIA

 Reinstatement of a workman rightly granted when the employer failed to plead that the post was not sanctioned.
2010 LLR 450
SUPREME COURT OF INDIA

 In absence of any provision under the Trade Union Act, an employer is not under obligation to recognise a union.
2010 LLR 498
MADRAS HIGH COURT

 Admission of documents or marking of exhibits does not amount to its proof. 
2010 LLR 494
SUPREME COURT OF INDIA

 A society to serve as a Post-graduate School for advance teaching will be covered by the Payment of Gratuity Act.
2010 LLR 536
DELHI HIGH COURT

 An ''industrial establishment'' under S. 2 (ka) of the ID Act, will not be restricted to manufacturing activities.
2010 LLR 484
PUNJAB AND HARYANA HIGH COURT

 High Court should not modify the Award of the Labour Court directing reinstatement of appellant. 
2010 LLR 450
SUPREME COURT OF INDIA

 Monetary compensation would be appropriate when reinstated workman has retired.
2010 LLR 494
SUPREME COURT OF INDIA

 An employer is under an obligation to declare ''protected workman'' on receipt of request from Union .
2010 LLR 544
KERALA HIGH COURT

 Compensation Commissioner can summon the doctor and enforce him to be a witness.
2010 LLR 519
KARNATAKA HIGH COURT

 Delay of 2 years and 4 months in issuing the charge-sheet will not vitiate the enquiry.
2010 LLR 521
MADHYA PRADESH HIGH COURT

 Dismissal for gheraoing and assaulting the General Manager and instigating others shall not be set aside.
2010 LLR 466
DELHI HIGH COURT

 Dismissal of a workman, for preparing and forging 11 fake letters of appointment, will be justified.
2010 LLR 475
JHARKHAND HIGH COURT

 Enquiry will be vitiated when neither oral evidence was lead nor report was furnished.
2010 LLR 494
SUPREME COURT OF INDIA

 During pendency of case in the High Court, seeking approval for dismissal will not be necessary.
2010 LLR 511
KARNATAKA HIGH COURT

 For violation of section 25-F of the ID Act, compensation instead of reinstatement would be appropriate.
2010 LLR 510
PUNJAB AND HARYANA HIGH COURT

 Gratuity of an employee, for not vacating residential accommodation, cannot be withheld.
2010 LLR 506
MADRAS HIGH COURT

 High Court can extend the limitation period for filing appeal before EPF Tribunal.
2010 LLR 543
ANDHRA PRADESH HIGH COURT

 In the absence of a prohibition order, contract labourers can be engaged by a registered establishment.
2010 LLR 478
MADRAS HIGH COURT

 Prosecuting other than occupier of a factory amounts to abuse of the process of law.
2010 LLR 504
JHARKHAND HIGH COURT

 When sufficient explanation for non-appearance is given, a belated application will be allowed.
2010 LLR 470
DELHI HIGH COURT

 While adjudicating the dispute, it is not imperative to decide enquiry issue at preliminary stage
2010 LLR 529
ALLAHABAD HIGH COURT

 A worker of contractor will also be covered by Factories Act.
2010 LLR 504
JHARKHAND HIGH COURT

 Acquittal of workman, guilty of gheraoing and assaulting the General Manager, will not have any bearing on dismissal.
2010 LLR 466
DELHI HIGH COURT

 An employer is liable to pay last drawn wages to a reinstated workman when a writ petition is filed.
2010 LLR 472
DELHI HIGH COURT

 An enquiry is rightly held ex-parte when the concerned workman refused to accept the communication from Management.
2010 LLR 466
DELHI HIGH COURT

 Approval for dismissal of a bus driver has been rightly declined when the Management has failed to establish charges.
2010 LLR 457
DELHI HIGH COURT

 Calling upon contributions without notice under section 45A of ESI Act is not legal.
2010 LLR 464
DELHI HIGH COURT

 Criminal case has to be proved beyond all reasonable doubts whereas the guilt in departmental enquiry is decided on probability.
2010 LLR 475
JHARKHAND HIGH COURT

 Even when the workman working on project was not given contractual appointment, his termination will not be retrenchment when contract come to an end.
2010 LLR 482
PUNJAB AND HARYANA HIGH COURT

 Government cannot refuse to refer a dispute merely stating that the petitioner was engaged on contract basis.
2010 LLR 474
BOMBAY HIGH COURT

 High Court, in exercise of its powers under Article 227, can entertain a petition against order of the Employees'' Insurance Court.
2010 LLR 499
DELHI HIGH COURT

 Labour Court should exercise its powers in judicious manner while modifying the punishment.
2010 LLR 492
MADRAS HIGH COURT

 Mere registration and issue of licence under Contract Labour (R&A) Act does not make a contract as genuine.
2010 LLR 478
MADRAS HIGH COURT

 No bank can function properly if the employees do not observe norms and discipline.
2010 LLR 458
BOMBAY HIGH COURT

 On retrenchment, submission of Form P is not mandatory.
2010 LLR 514
GUJARAT HIGH COURT

 Reinstatement rightly awarded to a temporary workman whose termination is violative of section 25F of I.D. Act.
2010 LLR 539
BOMBAY HIGH COURT

 Transfer is the right of the employer and the employees cannot dictate terms.
2010 LLR 553
MADHYA PRADESH HIGH COURT

 When an application for setting aside ex-parte order is pending, no notice for recovery of provident fund contributions be issued.
2010 LLR 550
MADRAS HIGH COURT

 While calculating 240 days, the training period of a workman will also be counted.
2010 LLR 510
PUNJAB AND HARYANA HIGH COURT

 Before depositing of 50% of the amount, High Court may direct the EI Court to examine the record.
2010 LLR 499
DELHI HIGH COURT

 Dismissal of a bank manager, overstepping his authority, would not be interfered by High Court.
2010 LLR 458
BOMBAY HIGH COURT

 EPF Tribunal should fix the camp hearings with the consent of appellants.
2010 LLR 470
DELHI HIGH COURT

 Interference with the transfer order of the employee is rightly declined.
2010 LLR 478
ALLAHABAD HIGH COURT

 Only a Director of the Company can become occupier of a factory.
2010 LLR 527
MADHYA PRADESH INDUSTRIAL COURT, INDORE

 Production of quality seeds will amount to manufacturing activity to bring it within definition of ''industrial establishment''.
2010 LLR 484
PUNJAB AND HARYANA HIGH COURT

 The object of section 17-B of the ID Act is to confer a valuable right on the workman.
2010 LLR 472
DELHI HIGH COURT

 When Bonus Act is not applicable, the claim for 8.33% of annual earnings would not be tenable.
2010 LLR 547
MADRAS HIGH COURT

 While deviating from the rule ''last come, first go'' for retrenchment, reasons must be given while retrenching any workman.
2010 LLR 484
PUNJAB AND HARYANA HIGH COURT

 Writ petition challenging transfer policy of the Bank is not tenable since it has no statutory force.
2010 LLR 553
MADHYA PRADESH HIGH COURT

 A Magistrate, before issuing the summons in a prosecution by Contract Labour (R&A) Act must apply his mind.
2010 LLR 522
KARNATAKA HIGH COURT