IMPORTANT JUDGEMENTS for May 2014

IMPORTANT JUDGEMENTS

 Tiffin allowance not to attract EPF contribution when it varies on attendance.
2014 LLR 470
BOMBAY HIGH COURT

 Principal employer not liable to pay ESI contribution for the employees of contractor working outside the premises.
2014 LLR 531
MADRAS HIGH COURT

 Tea allowance paid to employees on duty would not attract ESI contributions.
2014 LLR 531
MADRAS HIGH COURT

 Workers alleging contract labour system as sham can approach labour authorities to refer the dispute for adjudication.
2014 LLR 492
CALCUTTA HIGH COURT

 Compensation, in lieu of reinstatement, is appropriate to a terminated daily wager.
2014 LLR 511
RAJASTHAN HIGH COURT

 Begging forgiveness by a delinquent employee in the enquiry would be construed as charges proved.
2014 LLR 477
PUNJAB AND HARYANA HIGH COURT

 Compliance of 25F of ID Act is imperative even for a daily wager who has completed 240 days'' service.
2014 LLR 480
PUNJAB AND HARYANA HIGH COURT

 ESI Corporation liable to pay compensation to employee whose name is registered even when premium is not paid.
2014 LLR 465
DELHI HIGH COURT

 Unless the services of workman are expressly terminated, employee-employer relationship would persist.
2014 LLR 461
DELHI HIGH COURT

 Reinstatement with back-wages is justified when a workman is kept out of employment on the basis of a defective enquiry.
2014 LLR 487
PUNJAB AND HARYANA HIGH COURT

 Bonus can be claimed under ID Act if employee is eligible under the Payment of Bonus Act.
2014 LLR 474
HIMACHAL PRADESH HIGH COURT

 Reinstatement is justified on failure to comply with mandatory provisions for termination.
2014 LLR 484
PUNJAB AND HARYANA HIGH COURT

 Onus to prove for 240 days'' working is upon the workman.
2014 LLR 484
PUNJAB AND HARYANA HIGH COURT

 A dismissed workman can approach Labour Court within 3 years after 45 days of raising the dispute before conciliation officer.
2014 LLR 498
CALCUTTA HIGH COURT

 Sections 33 and 33A of the ID Act aim to protect workman against victimisation.
2014 LLR 507
ALLAHABAD HIGH COURT

 Payment of Gratuity Act does not apply to working journalists.
2014 LLR 507
ALLAHABAD HIGH COURT

 High Court not to interfere in reference for adjudication pertaining to transfer.
2014 LLR 490
PUNJAB AND HARYANA HIGH COURT

 An employee, unauthorisedly holding possession of official accommodation for 10 years, not entitled to any relief.
2014 LLR 509
ALLAHABAD HIGH COURT

 Each day of delay for raising a dispute needs explanation.
2014 LLR 473
HIMACHAL PRADESH HIGH COURT

 An employer not obliged to provide canteen facility while employing less than 250 workers in the factory.
2014 LLR 470
BOMBAY HIGH COURT

 Reinstatement appropriate when termination of workman is violative of section 25F of the ID Act.
2014 LLR 458
DELHI HIGH COURT

 Dismissal for unauthorized absence liable to be set aside when workman was vomiting blood and admitted in the hospital.
2014 LLR 546
KARNATAKA HIGH COURT

 Statutory limit for contribution for pension cannot be stretched out by Courts.
2014 LLR 520
PATNA HIGH COURT

 Labour Court would interfere in punishment only when it shocks to conscious and is disproportionate to misconduct
2014 LLR 524
PUNJAB AND HARYANA HIGH COURT

 Reinstatement with back-wags appropriate on termination without enquiry.
2014 LLR 518
DELHI HIGH COURT

 Punishing one out of two employees jointly accountable would not be justified.
2014 LLR 528
MADHYA PRADESH HIGH COURT

 Punishment not justified when enquiry is prolonged for 19 years.
2014 LLR 528
MADHYA PRADESH HIGH COURT

 Opportunity for hearing be given by Labour Court when the enquiry is held to be defective
2014 LLR 541
KARNATAKA HIGH COURT

 Termination, one month notice pay and filing of application for approval not necessarily to be simultaneous.
2014 LLR 543
KARNATAKA HIGH COURT

 Reinstatement is rightly denied on closure of a unit.
2014 LLR 547
DELHI HIGH COURT

 Alleging denial of cross-examination of witnesses as the evidence not recorded in presence of workman is untenable.
2014 LLR 449
SUPREME COURT OF INDIA

 Termination of employee for loss of confidence would be justified.
2014 LLR 477
PUNJAB AND HARYANA HIGH COURT

 Back-wages are not automatic even when termination is held illegal.
2014 LLR 511
RAJASTHAN HIGH COURT

 Labour Court will have limited power to reduce punishment when enquiry is fair and proper
2014 LLR 477
PUNJAB AND HARYANA HIGH COURT

 Abandonment of job presumed when employee did not respond to reminders for resuming duties.
2014 LLR 461
DELHI HIGH COURT

 Allegations, when levied, must be substantiated.
2014 LLR 449
SUPREME COURT OF INDIA

 Reinstatement would not be justified when the workman did not respond to repeated letters calling upon to report for duty.
2014 LLR 453
DELHI HIGH COURT

 No relief can be granted to a temporary workman and his termination is excluded by section 2(oo)(bb) of the ID Act.
2014 LLR 457
DELHI HIGH COURT

 Transfer of an employee cannot be stayed merely because of medical problem.
2014 LLR 538
JHARKHAND HIGH COURT

 Principal employer not liable for ESI contributions in the absence of control and supervision over the employees of contractor.
2014 LLR 536
MADRAS HIGH COURT

 Pension will be calculated on Rs.6,500 per month in the absence of any joint request for higher contribution towards pension.
2014 LLR 520
PATNA HIGH COURT

 Non production of postal receipt would not justify receipt of the document.
2014 LLR 461
DELHI HIGH COURT

 Abandonment of job by an employee not proved when employer fails to reply demand letter by workman and the notice by ALC.
2014 LLR 484
PUNJAB AND HARYANA HIGH COURT

 ''No work, no wages'' will not be applicable when workman is wrongly kept away from work.
2014 LLR 487
PUNJAB AND HARYANA HIGH COURT

 To prove 240 days'' working, workman can call for record from the employer.
2014 LLR 482
PUNJAB AND HARYANA HIGH COURT

 Reference of a dispute for adjudication will be presumed on an application under section 33A(b) of the ID Act.
2014 LLR 503
CALCUTTA HIGH COURT

 Unless reference is made to particular documents on production of it would not vitiate enquiry.
2014 LLR 449
SUPREME COURT OF INDIA

 Contractual employees will not be covered by Rules and Regulations of Haryana Government.
2014 LLR 477
PUNJAB AND HARYANA HIGH COURT

 240 days'' working will stand proved when workman was paid through cheque.
2014 LLR 480
PUNJAB AND HARYANA HIGH COURT

 High Court, in writ jurisdiction, interferes only when Award of the Labour Court is prima facie erroneous.
2014 LLR 487
PUNJAB AND HARYANA HIGH COURT

 Even casuals/daily wagers, having worked for 30 days'' are entitled to get bonus.
2014 LLR 474
HIMACHAL PRADESH HIGH COURT

 Last drawn wages during pendency of dispute is payable to a workman entitled to reinstatement under section 33A of the ID Act.
2014 LLR 503
CALCUTTA HIGH COURT

 Taking full fare but issuing ticket for less amount would justify conductor''s dismissal.
2014 LLR 449
SUPREME COURT OF INDIA

 Enquiry will be fair and proper when workman is furnished with required documents to cross-examine the witnesses.
2014 LLR 477
PUNJAB AND HARYANA HIGH COURT

 Industrial Tribunal not Labour Court to decide matters pertaining to bonus.
2014 LLR 474
HIMACHAL PRADESH HIGH COURT

 Allegation of victimization, when levied, must be proved.
2014 LLR 547
DELHI HIGH COURT

 Even casuals/daily wagers, having worked for 30 days'' are entitled to get bonus.
2014 LLR 474
HIMACHAL PRADESH HIGH COURT

 Last drawn wages during pendency of dispute is payable to a workman entitled to reinstatement under section 33A of the ID Act.
2014 LLR 503
CALCUTTA HIGH COURT

 Taking full fare but issuing ticket for less amount would justify conductor''s dismissal.
2014 LLR 449
SUPREME COURT OF INDIA

 Enquiry will be fair and proper when workman is furnished with required documents to cross-examine the witnesses.
2014 LLR 477
PUNJAB AND HARYANA HIGH COURT

 Industrial Tribunal not Labour Court to decide matters pertaining to bonus
2014 LLR 474
HIMACHAL PRADESH HIGH COURT

 Allegation of victimization, when levied, must be proved.
2014 LLR 547
DELHI HIGH COURT