IMPORTANT JUDGEMENTS for June 2012

IMPORTANT JUDGEMENTS

 Rupees one lakh in lieu of back-wages is appropriate.
2012 LLR 561
SUPREME COURT OF INDIA

 Workman not debarred from receiving last drawn wages merely on moving application belatedly
2012 LLR 562
DELHI HIGH COURT

 Interest will be payable after one month of accident.
2012 LLR 564
DELHI HIGH COURT

 orfeiture of gratuity only to the extent of damage caused.
2012 LLR 565
KERALA HIGH COURT

 Forfeiture of gratuity, without notice to employee and passing specific order, is not sustainable.
2012 LLR 565
KERALA HIGH COURT

 Stating that an employee is not a ''workman'', has to be supported by proof.
2012 LLR 572
KERALA HIGH COURT

 Back-wages have to be given from date of dismissal.
2012 LLR 572
KERALA HIGH COURT

 An employee cannot be imposed punishment second time for the same misconduct.
2012 LLR 572
KERALA HIGH COURT

 Limitation for filing appeal in EPF Tribunal starts on receipt of the order.
2012 LLR 574
MADHYA PRADESH HIGH COURT

 Claim of bonus and gratuity is not maintainable under section 33-C (2) of the ID Act.
2012 LLR 575
DELHI HIGH COURT

 Claim for unpaid wages can be decided by the Labour Court under section 33-C (2) of the Industrial Disputes Act.
2012 LLR 575
DELHI HIGH COURT

 A claim for gratuity by an employee lies at a place wherefrom he has retired.
2012 LLR 578
GUJARAT HIGH COURT

 Compensation in lieu of reinstatement will be appropriate when the workman worked for short period.
2012 LLR 582
RAJASTHAN HIGH COURT

 Employer to provide light nature of work to a person not physically fit.
2012 LLR 584
MADRAS HIGH COURT

 Termination of habitual absentee is not to be interfered.
2012 LLR 584
MADRAS HIGH COURT

 Compensation is appropriate when service is rendered for short period.
2012 LLR 588
DELHI HIGH COURT

 Ex-parte proceedings not proper in the absence of report about refusal of summons.
2012 LLR 590
DELHI HIGH COURT

 Termination, without initiating disciplinary action, is illegal.
2012 LLR 592
PUNJAB AND HARYANA HIGH COURT

 Reinstatement is appropriate when no enquiry is held.
2012 LLR 592
PUNJAB AND HARYANA HIGH COURT

 Cooperative Banks are not excluded from coverage under Provident Fund Act.
2012 LLR 594
KERALA HIGH COURT

 Revised VRS benefits will not be available to those who have already received.
2012 LLR 596
JHARKHAND HIGH COURT

 Employer-employee relation ceases on receipt of VRS payment.
2012 LLR 596
JHARKHAND HIGH COURT

 Generosity is impermissible when dismissal is for loss of confidence. 
2012 LLR 598
RAJASTHAN HIGH COURT

 Dismissal is justified when job is obtained by concealing facts.
2012 LLR 598
RAJASTHAN HIGH COURT

 On enhancement of retirement, the retired employees during interregnum will get monetary benefit.
2012 LLR 600
KARNATAKA HIGH COURT

 Retirement age rightly approved from 58 to 60 by Certifying Officer.
2012 LLR 600
KARNATAKA HIGH COURT

 Maternity benefit will be available even when the Service Rules don''t provide.
2012 LLR 602
KARNATAKA HIGH COURT

 No relief except notice pay to be allowed when an employee challenges his termination in Civil Court .
2012 LLR 608
DELHI HIGH COURT

 Civil Court can''t set aside termination of private sector employees.
2012 LLR 608
DELHI HIGH COURT

 An employee, who is not covered by the ID Act, cannot have parity of government employee.
2012 LLR 608
DELHI HIGH COURT

 Application for setting aside the ex-parte Award is not justified when not filed by the authorised representative.
2012 LLR 612
DELHI HIGH COURT

 Last drawn wages during pendency of the proceedings not to be denied to a workman when he is helping his family by small business.
2012 LLR 614
DELHI HIGH COURT

 If approval for dismissal is not accorded, the workman will be treated in employment.
2012 LLR 615
BOMBAY HIGH COURT

 Removal is not termination of employer and employee relations till its approval is granted.
2012 LLR 615
BOMBAY HIGH COURT

 Teacher would get gratuity w.e.f. 3.4.1997.
2012 LLR 618
BOMBAY HIGH COURT

 Law laid down in judgment as it is, the question of retrospective or prospective does not arise.
2012 LLR 621
BOMBAY HIGH COURT

 Insurer would pay compensation for driver, who died while driving a goods vehicle, when he had licence for passenger vehicle.
2012 LLR 623
KERALA HIGH COURT

 Only Central Government is empowered under Employees'' Provident Fund Act, to exclude a class of establishments.
2012 LLR 625
KERALA HIGH COURT

 When the Industrial Tribunal is unfamiliar with calculation of bonus, it requires fresh disposal.
2012 LLR 627
MADRAS HIGH COURT

 Industrial Tribunal is empowered to appoint assessor for calculation of bonus.
2012 LLR 627
MADRAS HIGH COURT

 Imposing ten times penalty for unpaid wages without supporting reasons is to be set aside.
2012 LLR 630
MADRAS HIGH COURT

 Termination of a probationer for misconduct is not simplicitor.
2012 LLR 633
MADRAS HIGH COURT

 No compensation in absence of casual link between employment and accident.
2012 LLR 639
RAJASTHAN HIGH COURT

 Prosecution of employer is proper when he closed the factory without permission.
2012 LLR 641
JHARKHAND HIGH COURT

 High Court will not interfere in an Award in the absence of question of law.
2012 LLR 642
DELHI HIGH COURT

 Enquiry would be set aside if Presenting Officer is not appointed. 
2012 LLR 645
DELHI HIGH COURT

 Forfeiture of gratuity, without notice to employee and passing specific order, is not sustainable.
2012 LLR 648
BOMBAY HIGH COURT

 Last drawn wages, during pendency of the proceedings in higher Court, will not attract provident fund contributions.
2012 LLR 649
ORISSA HIGH COURT

 Reinstatement of a bank employee, guilty of financial embezzlement, will be set aside.
2012 LLR 651
ALLAHABAD HIGH COURT

 Writ is untenable against order of cooperative society but not against the order of Asstt. Registrar.
2012 LLR 653
HIMACHAL PRADESH HIGH COURT

 50% instead of 10% back wages will be appropriate.
2012 LLR 656
PUNJAB AND HARYANA HIGH COURT

 Aggrieved employer can appeal not file writ against the provident fund order.
2012 LLR 658
MADRAS HIGH COURT