IMPORTANT JUDGEMENTS for June 2008

IMPORTANT JUDGEMENTS

 Principles of natural justice have to be complied with in disciplinary proceedings.
2008 LLR 561
SUPREME COURT OF INDIA

 Punishment should not be disproportionate to the misconduct.
2008 LLR 561
SUPREME COURT OF INDIA

 Principal employer being ultimately liable to pay ESI contributions has to be heard for default by the contractor.
2008 LLR 562
SUPREME COURT OF INDIA

 Default in making timely payment of gratuity will attract 10% interest.
2008 LLR 568
DELHI HIGH COURT

 Dismissal of railway employee for drinking and creating nuisance will not be interfered by the High Court.
2008 LLR 569
DELHI HIGH COURT

 Workers of contractor are not to be included in Chapter VB of Industrial Disputes Act for calculation of 100 or more workers.
2008 LLR 575
SUPREME COURT OF INDIA

 Using abusive language by an employee as Secretary of the Union would not constitute a misconduct.
2008 LLR 576
MADRAS HIGH COURT

 Bank employee is to be reinstated if charge-sheet pertained to minor omission prior to 3 years.
2008 LLR 576
MADRAS HIGH COURT

 A resignation becomes effective only when its acceptance is communicated.
2008 LLR 580
GAUHATI HIGH COURT

 After withdrawal of resignation as tendered 10 years before, its acceptance will be illegal.
2008 LLR 580
GAUHATI HIGH COURT

 An employee can withdraw his resignation before effective acceptance by the employer.
2008 LLR 580
GAUHATI HIGH COURT

 Employee receiving wages more than minimum rates, cannot be deprived of claiming overtime.
2008 LLR 585
KERALA HIGH COURT

 Maternity leave can't be denied to an employee merely because consolidated salary was paid to her.
2008 LLR 591
RAJASTHAN HIGH COURT

 Reinstatement is not a rule of thumb even when the termination of workman is illegal.
2008 LLR 596
MADHYA PRADESH HIGH COURT

 A daily-wage workman has no right to employment since his employment comes to an end on close of the day.
2008 LLR 600
PATNA HIGH COURT

 Non deposit of ESI contributions since Code Number was not allotted will not be justified.
2008 LLR 606
CALCUTTA HIGH COURT

 Non-payment of retrenchment compensation to a workman who has worked for 240 days will render the termination as illegal.
2008 LLR 615
RAJASTHAN HIGH COURT

 Back-wages on reinstatement can be recovered under section 33(C)(2) of I.D. Act.
2008 LLR 615
RAJASTHAN HIGH COURT

 A union leader has no immunity from misconduct since he is also bound to be disciplined.
2008 LLR 619
SUPREME COURT OF INDIA

 Smooth functioning will be adversely affected if a workman, guilty of misconducts, is not punished.
2008 LLR 619
SUPREME COURT OF INDIA

 When the enquiry is vitiated, the management be permitted to adduce fresh evidence.
2008 LLR 619
SUPREME COURT OF INDIA

 While exercising its powers, Labour Court cannot overturn a Management on Ipse dixit.
2008 LLR 619
SUPREME COURT OF INDIA

 Reinstatement of a workman guilty of assault, quarrel and infighting is rightly quashed.
2008 LLR 619
SUPREME COURT OF INDIA

 Enquiry Officer is a quasi judicial body and his findings should not be interfered by the Labour Court only by stating reasons.
2008 LLR 619
SUPREME COURT OF INDIA

 Union leader committing offence at the premises of establishment must be punished.
2008 LLR 619
SUPREME COURT OF INDIA

 Dismissal of the bus driver for absence for a few days is to be set aside.
2008 LLR 628
SUPREME COURT OF INDIA

 Misappropriation by the bus conductor will justify his dismissal from service.
2008 LLR 632
MADRAS HIGH COURT

 On declining to reinstate workman, the employer will pay the last drawn wages during pendency of the proceedings in High Court.
2008 LLR 632
MADRAS HIGH COURT

 Habitual absence of an employee indicates his lack of interest in work.
2008 LLR 635
DELHI HIGH COURT

 Dismissal of employee will be justified when habitual absence is proved.
2008 LLR 635
DELHI HIGH COURT

 Holding demonstration and staging of dharna etc. are liable to be restrained within 50 metres of the establishment.
2008 LLR 637
DELHI HIGH COURT

 Employer-employee relationship under ESI Act arises when a new factory commences the work.
2008 LLR 640
DELHI HIGH COURT

 Restraining the employer not to terminate the employee is to be interfered.
2008 LLR 644
BOMBAY HIGH COURT

 Stoppage of increments to a cashier refusing to accept cash during working hours and humiliating Enquiry Officer is not disproportionate.
2008 LLR 648
ALLAHABAD HIGH COURT

 Ex-gratia cannot be claimed as a matter of right as it is not governed by statutory rules.
2008 LLR 649
ALLAHABAD HIGH COURT

 Appropriate government for National Textile Corporation would be Central.
2008 LLR 649
ALLAHABAD HIGH COURT

 After opting for Voluntary Retirement and receiving the benefits, a person cannot challenge its validity.
2008 LLR 649
ALLAHABAD HIGH COURT

 Workmen engaged without adoption of the prescribed procedure will not be regularised.
2008 LLR 652
ALLAHABAD HIGH COURT

 Reinstatement with back-wages is to be converted into compensation when the company was closed.
2008 LLR 654
ALLAHABAD HIGH COURT

 Non-furnishing of enquiry report before removal of the employee of a public sector will be violative of principles of natural justice.
2008 LLR 655
CALCUTTA HIGH COURT

 Territorial jurisdiction for challenging termination will be where the enquiry was held.
2008 LLR 655
CALCUTTA HIGH COURT

 Prosecution of employer under Contract Labour (R&A) Act is to be quashed when complaint is beyond limitation.
2008 LLR 659
JHARKHAND HIGH COURT

 Employees' Provident Funds Scheme comes within the purview of Consumer Protection Act, 1986.
2008 LLR 661
SUPREME COURT OF INDIA

 Date of birth as recorded in service record of the Company is to be held correct.
2008 LLR 661
SUPREME COURT OF INDIA

 Date of birth as entered in provident fund record is rightly rejected by Consumer Forum. 
2008 LLR 661
SUPREME COURT OF INDIA

 Compensation Commissioner has rightly awarded compensation to the dependents of deceased, engaged through the contractor.
2008 LLR 664
BOMBAY HIGH COURT

 Workman will be paid last drawn wages when employer challenges his reinstatement. (SN)
2008 LLR 667
BOMBAY HIGH COURT

 Tata Sports Club carrying on systematic activities has rightly been held to be an '˜industry'. (SN)
2008 LLR 668
BOMBAY HIGH COURT

 Presumption of abandonment of service on the absence for a specific period would not be justified. (SN)
2008 LLR 668
ALLAHABAD HIGH COURT

 Despite permission for closure of an establishment, the appropriate government is bound to refer the dispute. (SN)
2008 LLR 669
KARNATAKA HIGH COURT

 Driver sustaining complex fracture below the knee is to be treated as total disablement. (SN)
2008 LLR 669
ORISSA HIGH COURT

 An industrial dispute is not necessarily to be sponsored by a registered union. (SN)
2008 LLR 670
KERALA HIGH COURT

 An ex-parte Award is to be set aside to give opportunity to other side to lead evidence. (SN)
2008 LLR 670
KERALA HIGH COURT

 Civil not the Labour Court, will be appropriate Forum to challenge the registration of a union.
2008 LLR 670
ALLAHABAD HIGH COURT

 Apprentices after receiving the training are to be given preference for employment. (SN)
2008 LLR 670
CALCUTTA HIGH COURT

 Labour Court has rightly held that clerical, medical or artisan categories with 5 years' service shall retire at 58. (SN)
2008 LLR 671
GAUHATI HIGH COURT

 Remand Home, established for development of children, will not be an '˜industry'.
2008 LLR 672
ALLAHABAD HIGH COURT

 Employer defaulting in timely deposit of ESI contributions will pay damages with interest. (SN)
2008 LLR 672
ALLAHABAD HIGH COURT