IMPORTANT JUDGEMENTS for May 2015

IMPORTANT JUDGEMENTS

 Paying lesser wages or delayed wages amounts to unfair labour practice.
2015 LLR 449
SUPREME COURT OF INDIA

 Recruitment of workmen as daily-wagers is not prohibited.
2015 LLR 449
SUPREME COURT OF INDIA

 Daily-wagers to be confirmed after 5 years of service.
2015 LLR 449
SUPREME COURT OF INDIA

 Discrepancy in wages of permanent and temporary workmen is not permissible.
2015 LLR 449
SUPREME COURT OF INDIA

 Development Officers of LIC are not ''workmen''.
2015 LLR 452
SUPREME COURT OF INDIA

 Accidental compensation to member of ESI can be only under ESI Act.
2015 LLR 457
SUPREME COURT OF INDIA

 Enquiry if conducted properly, Labour Court will not sit as an appellate body.
2015 LLR 459
DELHI HIGH COURT

 An employer has to conduct an enquiry as per Standing Orders.
2015 LLR 459
DELHI HIGH COURT

 Defective enquiry stands on same footing as if there is no enquiry.
2015 LLR 459
DELHI HIGH COURT

 Refusal to obey lawful instructions of superior(s) will justify dismissal.
2015 LLR 464
DELHI HIGH COURT

 Transfer is not a change in service conditions.
2015 LLR 464
DELHI HIGH COURT

 Reinstatement not always appropriate if enquiry is vitiated.
2015 LLR 464
DELHI HIGH COURT

 Change in service conditions of workmen sans notice u/s. 11A of ID Act is illegal.
2015 LLR 464
DELHI HIGH COURT

 An employer can adduce evidence if no enquiry is held.
2015 LLR 464
DELHI HIGH COURT

 Transfer is an incident of service.
2015 LLR 471
DELHI HIGH COURT

 Transfer order not illegal when stipulated in appointment letter.
2015 LLR 471
DELHI HIGH COURT

 ''Good work reward'' will attract provident fund contributions.
2015 LLR 473
DELHI HIGH COURT

 Imposition of penalty on all cases of default is not mandatory.
2015 LLR 473
DELHI HIGH COURT

 Imposition of damages on provident fund dues at highest rate must be with supporting reasons.
2015 LLR 473
DELHI HIGH COURT

 When reference is not legal, Award on merits will not sustain.
2015 LLR 480
DELHI HIGH COURT

 An Award of Labour Court without jurisdiction is not sustainable.
2015 LLR 480
DELHI HIGH COURT

 Appropriate Government for controlled industry is the Central not the State.
2015 LLR 480
DELHI HIGH COURT

 EPF Appellate Tribunal has limited power of review under section 7-L(2) of EPF & MP Act.
2015 LLR 482
DELHI HIGH COURT

 Reinstatement is appropriate if workman is acquitted on same charges.
2015 LLR 488
DELHI HIGH COURT

 Limitation of 60 days is counted from the date of receipt of order.
2015 LLR 492
BOMBAY HIGH COURT

 Appeal under section 45-AA of the ESI Act is to be filed within 60 days.
2015 LLR 492
BOMBAY HIGH COURT

 An order ignoring principles of natural justice is not sustainable.
2015 LLR 495
BOMBAY HIGH COURT

 Withdrawal of relaxation by EPF Authority not proper, without consideration.|
2015 LLR 495
BOMBAY HIGH COURT

 Plea of loss of confidence is ineffective in absence of proof.
2015 LLR 497
BOMBAY HIGH COURT

 Charges under enquiry not to remain effective when it is vitiated.
2015 LLR 497
BOMBAY HIGH COURT

 Restricting territorial jurisdiction in appointment letter is not legal.
2015 LLR 501
MADHYA PRADESH HIGH COURT

 A contractor is bound to pay cess in respect of its labourers.
2015 LLR 504
ALLAHABAD HIGH COURT

 Labour cess not a tax of the State Government.
2015 LLR 504
ALLAHABAD HIGH COURT

 Contract labour system is sham when wages are paid by principal employer.
2015 LLR 505
ALLAHABAD HIGH COURT

 Reinstatement of contractor''s employee, in control of principal employer, is appropriate.
2015 LLR 505
ALLAHABAD HIGH COURT

 Dismissal of delinquent is proper for threatening to kill higher officer.
2015 LLR 518
GUJARAT HIGH COURT

 Failure to participate in the enquiry will lead to the proof of delinquent''s guilt.
2015 LLR 518
GUJARAT HIGH COURT

 Mere failure to furnish enquiry report will not vitiate the enquiry.
2015 LLR 521
PATNA HIGH COURT

 Dismissal of employee for threatening to suicide if not retransferred is justified.
2015 LLR 521
PATNA HIGH COURT

 Compensation in lieu of reinstatement is appropriate after 19 years of illegal termination.
2015 LLR 524
PATNA HIGH COURT

 Reinstatement justified when termination is not excluded by ''retrenchment''.
2015 LLR 524
PATNA HIGH COURT

 No limitation prescribed for raising of an industrial dispute.
2015 LLR 529
PUNJAB AND HARYANA HIGH COURT

 Abandonment of job is not sustainable without enquiry.
2015 LLR 530
PUNJAB AND HARYANA HIGH COURT

 Non-production of relevant records would justify adverse inference.
2015 LLR 530
PUNJAB AND HARYANA HIGH COURT

 Non-compliance of section 25-F of ID Act would render termination illegal.
2015 LLR 530
PUNJAB AND HARYANA HIGH COURT

 An establishment remains covered under Provident Fund Act even on reduction of employees below 20.
2015 LLR 532
PUNJAB AND HARYANA HIGH COURT

 For espousing cause of a single employee, it need not be exclusive union of organization.
2015 LLR 534
ANDHRA PRADESH HIGH COURT

 Industrial Disputes Act does not prohibit any Union from espousing the cause of a single workman.
2015 LLR 534
ANDHRA PRADESH HIGH COURT

 Medical Laboratory is ''Hospital'' for coverage under Provident Fund Act.
2015 LLR 540
KERALA HIGH COURT

 An institution employing 20 or more persons is covered under PF Act. 
2015 LLR 540
KERALA HIGH COURT

 Hospital is the genus and clinics are species hence covered under P.F. Act.
2015 LLR 540
KERALA HIGH COURT