IMPORTANT JUDGEMENTS for May 2011

IMPORTANT JUDGEMENTS

 Reinstatement with back-wages of a bank employee, guilty of misappropriation, is not proper.
2011 LLR 449
SUPREME COURT OF INDIA

 An ex-parte enquiry, not erroneous, when delinquent failed to participate.
2011 LLR 449
SUPREME COURT OF INDIA

 Recovery of ESI dues can''t be stalled against a sick Company.
2011 LLR 451
MADRAS HIGH COURT

 No escape from interest on delayed payment of ESI contributions.
2011 LLR 454
MADRAS HIGH COURT

 Pendency of BIFR proceedings is no bar for enforcing ESI Act.
2011 LLR 454
MADRAS HIGH COURT

 Gratuity cannot be denied merely on undertaking that the employee will not claim.
2011 LLR 457
MADRAS HIGH COURT

 Canteen subsidy to employees is not wages under the Provident Funds Act.
2011 LLR 460
GUJARAT HIGH COURT

 Council for Research in Ayurveda & Siddha will be an ''industry''.
2011 LLR 469
RAJASTHAN HIGH COURT

 Reducing of retirement age from 60 to 58 years will not be a change in conditions of service section 9A of I.D. Act.
2011 LLR 472
ORISSA HIGH COURT

 Retrenchment is not illegal when Management offered Banker''s cheque to workman.
2011 LLR 477
ORISSA HIGH COURT

 Dismissal is untenable; when past record is not put to notice of the employee.
2011 LLR 480
GUJARAT HIGH COURT

 No back-wages prior to regularisation to an ad hoc- basis worker. 
2011 LLR 483
DELHI HIGH COURT

 Compensation Commissioner cannot grant medical expenses to a workman.
2011 LLR 484
GUJARAT HIGH COURT

 Section 2A of the Industrial Disputes Act cannot be invoked when not contended that resignations were obtained under duress.
2011 LLR 486
MADRAS HIGH COURT

 Recovery of ESI contributions after five years of earlier notice, is untenable.
2011 LLR 492
JHARKHAND HIGH COURT

 Acceptance of resignation 10 days before three-months'' notice period is not invalid.
2011 LLR 493
ALLAHABAD HIGH COURT

 Dismissal of Union leader for shouting abusive slogans is rightly upheld.
2011 LLR 495
UTTARAKHAND HIGH COURT

 An enquiry will not be vitiated when no prejudice caused on non-furnishing of report.
2011 LLR 495
UTTARAKHAND HIGH COURT

 Coverage under ESI, by clubbing Manufacturing Unit with Sales Office, would be proper.
2011 LLR 499
DELHI HIGH COURT

 Reinstatement is not proper for non compliance of section 25F of the I.D. Act.
2011 LLR 505
DELHI HIGH COURT

 Fixed-term employee''s service comes to an automatic end on completion of contractual period.
2011 LLR 509
UTTARAKHAND HIGH COURT

 Regularisation of temporary employees of LIC will not be tenable.
2011 LLR 511
ALLAHABAD HIGH COURT

 No unfair labour practice if employees are engaged till filling of regular posts.
2011 LLR 511
ALLAHABAD HIGH COURT

 Reinstatement, with full back-wages, of a daily wager, not proper for not complying of S.25F of the I.D. Act.
2011 LLR 516
ALLAHABAD HIGH COURT

 Reinstatement rightly awarded when S.25-F of I.D. Act was not complied.
2011 LLR 517
RAJASTHAN HIGH COURT

 Option for VRS, after acceptance by the employer, can''t be withdrawn.
2011 LLR 518
DELHI HIGH COURT

 Dismissal of bus conductor for not issuing tickets to 21 passengers is proper.
2011 LLR 521
BOMBAY HIGH COURT

 Proving misappropriation can''t be expected beyond reasonable doubt.
2011 LLR 521
BOMBAY HIGH COURT

 A driver, who lost his arm in accident, need not prove loss of earning capacity.
2011 LLR 524
BOMBAY HIGH COURT

 A separate establishment can''t be merged with other for coverage under P F Act.
2011 LLR 526
BOMBAY HIGH COURT

 An Enquiry Officer is not impartial if he acts as a prosecutor.
2011 LLR 529
CALCUTTA HIGH COURT

 Compensation in lieu of reinstatement proper when long time elapsed since termination.
2011 LLR 529
CALCUTTA HIGH COURT

 Assistant Engineer and Administrative Officer are not ''workmen''.
2011 LLR 532
ANDHRA PRADESH HIGH COURT

 Government can decline to refer a belated dispute.
2011 LLR 534
MADRAS HIGH COURT

 Striking name of workman for his unauthorized absence is improper.
2011 LLR 536
GUJARAT HIGH COURT

 A design and development engineer will be a ''workman''.
2011 LLR 536
GUJARAT HIGH COURT

 For adopting other mode of recovery of ESI dues, 15 days'' notice is necessary.
2011 LLR 545
MADRAS HIGH COURT

 A Society, imparting education to deaf, is to be covered by Minimum Wages Act.
2011 LLR 548
DELHI HIGH COURT