IMPORTANT JUDGEMENTS for May 2012

IMPORTANT JUDGEMENTS

 Insurance Company not liable to pay compensation when the Policy expired before the accident.
2012 LLR 449
SUPREME COURT OF INDIA

 Termination of a probationer will not be stigmatic.
2012 LLR 450
DELHI HIGH COURT

 A violent driver, not allowing old lady to board the bus, is rightly dismissed.
2012 LLR 457
DELHI HIGH COURT

 Holding of enquiry not necessary for terminating services of the person who fraudulently obtained job
2012 LLR 460
DELHI HIGH COURT

 An engineering graduate, working as a Scientist, is not a ''workman''.
2012 LLR 463
DELHI HIGH COURT

 ''Abandonment of service'' by a workman is only on voluntary relinquishment.
2012 LLR 468
DELHI HIGH COURT

 Engaging as agriculturist during interregnum will not deprive an employee from benefit of back-wages.
2012 LLR 468
DELHI HIGH COURT

 Existence of mens rea is must for levy of damages in deposit of ESI contributions.
2012 LLR 471
MADRAS HIGH COURT

 Imposition of damages by ESIC sans opportunity of hearing would be wrong.
2012 LLR 471
MADRAS HIGH COURT

 Labour Court has rightly allowed the claim when workman was denied duty.
2012 LLR 478
ALLAHABAD HIGH COURT

 Supporting reasons must be given for re-opening of determined provident fund money.
2012 LLR 479
MADHYA PRADESH HIGH COURT

 Setting aside an ex-parte Award is possible within 30 days from its publication.
2012 LLR 480
MADHYA PRADESH HIGH COURT

 No ''thumb rule'' for clubbing establishments for applicability of Provident Fund Act.
2012 LLR 482
KARNATAKA HIGH COURT

 Non-issuance of show-cause notice, after receipt of findings, will vitiate enquiry.
2012 LLR 484
DELHI HIGH COURT

 Appellate Authority is not bound by the findings of the Enquiry Officer and Disciplinary Authority.
2012 LLR 484
DELHI HIGH COURT

 An ex-parte Award can be set aside in the absence of sufficient cause.
2012 LLR 489
PUNJAB AND HARYANA HIGH COURT

 Reinstatement is appropriate for non compliance of section 25F of Industrial Disputes Act.
2012 LLR 491
PUNJAB AND HARYANA HIGH COURT

 Suspension after reinstatement does not suggest that the workman was not taken back in service.
2012 LLR 492
PUNJAB AND HARYANA HIGH COURT

 When the workman had confessed forging of documents, he cannot wriggle out later.
2012 LLR 496
PUNJAB AND HARYANA HIGH COURT

 Back-wages on reinstatement not necessary on non-compliance of section 25F of the I.D. Act.
2012 LLR 497
PUNJAB AND HARYANA HIGH COURT

 Denial by Tribunal to summon the employer for proving 240 working days is not legal.
2012 LLR 498
PUNJAB AND HARYANA HIGH COURT

 Labour Court has bounden duty to decide justifiability of the punishment.
2012 LLR 500
MADRAS HIGH COURT

 Compensation Commissioner can grant compensation more than that claimed.
2012 LLR 501
KERALA HIGH COURT

 Termination after 80 days of service is not retrenchment.
2012 LLR 503
ALLAHABAD HIGH COURT

 Labour Court is empowered to grant interim relief during pendency of dispute.
2012 LLR 510
KARNATAKA HIGH COURT

 Confirmation of a probationer only by a written order.
2012 LLR 514
SUPREME COURT OF INDIA

 In absence of express order, no deemed confirmation of a probationer.
2012 LLR 514
SUPREME COURT OF INDIA

 Termination of an unconfirmed teacher, without enquiry, will not be illegal. 
2012 LLR 514
SUPREME COURT OF INDIA

 Confirmation of a teacher has to be in writing after expiry of probation period.
2012 LLR 514
SUPREME COURT OF INDIA

 Religious or spiritual activity of an establishment will not be ''industry''.
2012 LLR 520
DELHI HIGH COURT

 A doctor, employed in a charitable eye hospital, is not a ''workman''.
2012 LLR 523
DELHI HIGH COURT

 Dismissal of bank officer, merely on basis of complaint, is to be set aside.
2012 LLR 529
ALLAHABAD HIGH COURT

 For determining the territorial jurisdiction, adjudication is to see where the order of termination operates.
2012 LLR 534
MADHYA PRADESH HIGH COURT

 Termination of a workman for disobedience is liable to be set aside when charges not proved in enquiry.
2012 LLR 540
MADHYA PRADESH HIGH COURT

 Clubbing of establishments, for EPF contributions, is liable to be quashed.
2012 LLR 541
KERALA HIGH COURT

 An employee, facing enquiry, must be provided fair opportunity to defend.
2012 LLR 543
KARNATAKA HIGH COURT

 Extension of probation period means performance not upto the mark.
2012 LLR 550
DELHI HIGH COURT