IMPORTANT JUDGEMENTS for May 2013

IMPORTANT JUDGEMENTS

 Prohibition of contract labour system, after consultation with Central Board, is not to be interfered.
2013 LLR 449
SUPREME COURT OF INDIA

 Notification prohibiting contract labour system should not be nullified by courts in casual manner.
2013 LLR 449
SUPREME COURT OF INDIA

 Employer''s failure to pay EPF dues would justify recovery proceedings.
2013 LLR 453
PUNJAB AND HARYANA HIGH COURT

 Provident Funds Act is distinct from civil proceedings in context with recovery of dues and penal consequences.
2013 LLR 455
PUNJAB AND HARYANA HIGH COURT

 No prejudice to an employer if delinquents are represented through union leader in the enquiry.
2013 LLR 457
GUJARAT HIGH COURT

 Persons engaged without remuneration not ''employees'' under EPF Act
2013 LLR 458
MADHYA PRADESH HIGH COURT

 A person giving services voluntarily is not an ''employee'' under EPF & MP Act. 
2013 LLR 458
MADHYA PRADESH HIGH COURT

 EPF Act not applicable, if total employees are less than 20.
2013 LLR 458
MADHYA PRADESH HIGH COURT

 Under EPF Act ''employee'' means as employed for wages.
2013 LLR 458
MADHYA PRADESH HIGH COURT

 Reinstatement with consequential relief will mean seniority for promotion.
2013 LLR 460
HIMACHAL PRADESH HIGH COURT

 Termination of a probationer for sympathizing Maoists is not legal.
2013 LLR 462
ANDHRA PRADESH HIGH COURT

 No employee should be harassed merely because he is related to an extremist.
2013 LLR 462
ANDHRA PRADESH HIGH COURT

 Right of expression, if suppressed, would reduce democracy to only on paper.
2013 LLR 462
ANDHRA PRADESH HIGH COURT

 No reinstatement for unauthorized and wilful absence.
2013 LLR 465
KARNATAKA HIGH COURT

 No relief, when unauthorized absence is not for compelling circumstances.
2013 LLR 465
KARNATAKA HIGH COURT

 Reasons are must for modifying punishment by Labour Court
2013 LLR 467
KARNATAKA HIGH COURT

 Labour Court will not interfere in punishment when enquiry is upheld.
2013 LLR 467
KARNATAKA HIGH COURT

 Deposit collectors are to be covered under Provident Fund Act
2013 LLR 470
KARNATAKA HIGH COURT

 An award, based on surmises, is to be set aside.
2013 LLR 472
DELHI HIGH COURT

 Dismissal after proper enquiry is not to be interfered.
2013 LLR 472
DELHI HIGH COURT

 Strict principles of Evidence Act not applicable in domestic enquiries.
2013 LLR 472
DELHI HIGH COURT

 No discrimination on termination of probationer who failed to bring minimum business.
2013 LLR 476
DELHI HIGH COURT

 Confirmation of a probationer is not always imperative.
2013 LLR 476
DELHI HIGH COURT

 Dismissal without enquiry or compensation is possible if the Regulations so provide.
2013 LLR 478
DELHI HIGH COURT

 Dismissal is not disproportionate when the charge proved in criminal trial is of serious nature i.e. rash and negligent in driving.
2013 LLR 478
DELHI HIGH COURT

 Artificial breaks not covered by section 2(oo)(bb) of the ID Act.
2013 LLR 482
DELHI HIGH COURT

 Repetition of contractual appointments will amount to unfair labour practice.
2013 LLR 482
DELHI HIGH COURT

 Compensation is appropriate on wrongful termination of an irregular workman.
2013 LLR 482
DELHI HIGH COURT

 In the absence of clear findings regarding functional integrality, interference in the order of the Appellate Authority is not warranted.
2013 LLR 484
PUNJAB AND HARYANA HIGH COURT

 For clubbing of establishments for EPF coverage, ''functional integrality'' is imperative
2013 LLR 484
PUNJAB AND HARYANA HIGH COURT

 Reinstatement with back-wages is not automatic for non-compliance of section 25F of ID Act.
2013 LLR 486
RAJASTHAN HIGH COURT

 Reinstatement with back-wages is not automatic for non-compliance of section 25F of ID Act.
2013 LLR 486
RAJASTHAN HIGH COURT

 Finding of facts by the Labour Court can''t be challenged in writ petition.
2013 LLR 486
RAJASTHAN HIGH COURT

 Compensation, instead of reinstatement, is appropriate when long time has passed.
2013 LLR 489
RAJASTHAN HIGH COURT

 Reinstatement is appropriate on non-compliance of section 25F of ID Act.
2013 LLR 489
RAJASTHAN HIGH COURT

 Non-regularisation unjustified when junior was regularized
2013 LLR 489
RAJASTHAN HIGH COURT

 Dismissal for medical unfitness, without enquiry, is not proper.
2013 LLR 490
MADRAS HIGH COURT

 Compensation, instead of reinstatement, is appropriate when long time has passed.
2013 LLR 490
MADRAS HIGH COURT

 Refusing to appear before Medical Board will amount to disobedience.
2013 LLR 490
MADRAS HIGH COURT

 An industrial dispute can''t be converted into a complaint under section 33-A of ID Act.
2013 LLR 490
MADRAS HIGH COURT

 Conciliation Officer not empowered to adjudicate a complaint under section 33A of ID Act.
2013 LLR 490
MADRAS HIGH COURT

 Principal employer is liable for ESI contributions.
2013 LLR 496
ORISSA HIGH COURT

 Courts not to interfere with show cause notice by ESIC
2013 LLR 496
ORISSA HIGH COURT

 Any settlement, contrary to law, can''t exonerate the employer from its statutory obligations.
2013 LLR 496
ORISSA HIGH COURT

 Statutory facilities, if not provided by contractor, can''t exonerate the principal employer.
2013 LLR 496
ORISSA HIGH COURT

 An erroneous Award by Labour Court is liable to be set aside.
2013 LLR 501
ORISSA HIGH COURT

 Enquiry is not necessary on termination of contractual service.
2013 LLR 506
MADHYA PRADESH HIGH COURT

 No relief when termination is under section 2(oo) (bb) of ID Act.
2013 LLR 506
MADHYA PRADESH HIGH COURT

 Abandonment is rightly presumed when employee fails to report/respond the offers.
2013 LLR 506
MADHYA PRADESH HIGH COURT

 Picketing, agitation and slogan shouting are to be prohibited within 500 metres of premises.
2013 LLR 509
KARNATAKA HIGH COURT

 Principal employer is to ensure welfare facilities if contractor fails to do so.
2013 LLR 509
KARNATAKA HIGH COURT

 Non-fundamental rights can also be enforced by High Court.
2013 LLR 509
KARNATAKA HIGH COURT

 Non-furnishing of enquiry report will not affect dismissal when prejudice not alleged.
2013 LLR 515
DELHI HIGH COURT

 Full-back wages is not proper when workman did not state his unemployment.
2013 LLR 521
DELHI HIGH COURT

 50% back-wages on pendency of dispute for long time is proper
2013 LLR 521
DELHI HIGH COURT

 Initial burden of unemployment during interregnum is on workman.
2013 LLR 521
DELHI HIGH COURT

 Imposition of punishment is for employer not the court.
2013 LLR 525
DELHI HIGH COURT

 Demand of documents, if not specific, will not have any adverse affect upon the enquiry proceedings.
2013 LLR 525
DELHI HIGH COURT

 High Court can interfere in an Award only when it is perverse.
2013 LLR 525
DELHI HIGH COURT

 Gratuity can be forfeited only for prescribed misconduct.
2013 LLR 531
BOMBAY HIGH COURT

 If defaulting bus conductor admits his mistake, non-production of passengers as witnesses is not fatal.
2013 LLR 531
BOMBAY HIGH COURT

 Gratuity Act is a beneficial legislation for employees.
2013 LLR 531
BOMBAY HIGH COURT

 Interest accrues on delay in payment of gratuity.
2013 LLR 531
BOMBAY HIGH COURT

 Embezzlement will constitute moral turpitude for forfeiture of gratuity.
2013 LLR 540
HIMACHAL PRADESH HIGH COURT

 Gratuity is to be forfeited on termination for moral turpitude.
2013 LLR 540
HIMACHAL PRADESH HIGH COURT

 Opportunity of hearing before forfeiture of gratuity is not necessary.
2013 LLR 540
HIMACHAL PRADESH HIGH COURT

 Judicial admission of facts is best evidence.
2013 LLR 540
HIMACHAL PRADESH HIGH COURT

 Prosecution for ESI violation may be sparingly quashed.
2013 LLR 546
KERALA HIGH COURT

 An employer is bound to produce records if demanded by ESI Authority.
2013 LLR 546
KERALA HIGH COURT

 Occupier must have control on the affairs of the factory.
2013 LLR 546
KERALA HIGH COURT