IMPORTANT JUDGEMENTS for June 2013

IMPORTANT JUDGEMENTS

 Abandonment not valid if demand not rebutted and offers of resumption of duty not made.
2013 LLR 562
DELHI HIGH COURT

 Dismissed employee of air caterer, caught carrying chocolates, is to be restored.
2013 LLR 564
DELHI HIGH COURT

 Full back-wages will not be proper sans supporting reasons.
2013 LLR 564
DELHI HIGH COURT

 Cheating and breach of trust, etc. would justify dismissal.
2013 LLR 567
DELHI HIGH COURT

 Only perverse Award will be interfered by High Court.
2013 LLR 567
DELHI HIGH COURT

 Strict rules of evidence not applicable in the proceedings before the Labour Court.
2013 LLR 572
HIMACHAL PRADESH HIGH COURT

 Punishment imposed after fair enquiry, not to be reviewed.
2013 LLR 574
JHARKHAND HIGH COURT

 Interference by the High Court not proper when the lower authorities have not acted in violation of principles of natural justice.
2013 LLR 574
JHARKHAND HIGH COURT

 Transfer as per contract of employment not improper
2013 LLR 577
KERALA HIGH COURT

 Transfer not to be set aside in the absence of mala fide s
2013 LLR 577
KERALA HIGH COURT

 Hotel Manager, threatened by workers, can seek Police help.
2013 LLR 578
KERALA HIGH COURT

 EPFO has to prove functional integrality for clubbing of more than one unit.
2013 LLR 579
MADHYA PRADESH HIGH COURT

 Failure to call a woman for interview, having licence for bus conductor, will amount to discrimination.
2013 LLR 582
MADRAS HIGH COURT

 A party, against whom allegations of mala fides are levelled, is to be pleaded.
2013 LLR 585
MADRAS HIGH COURT

 Transfer of employee is prerogative of employer.
2013 LLR 585
MADRAS HIGH COURT

 Courts rarely interfere in matters of transfer.
2013 LLR 585
MADRAS HIGH COURT

 Punishment based on defective enquiry is to be quashed.
2013 LLR 586
MADRAS HIGH COURT

 Enquiry to be set aside if violative of principal of natural justice.
2013 LLR 586
MADRAS HIGH COURT

 Non-supply of enquiry report to the delinquent would violate the principles of natural justice
2013 LLR 586
MADRAS HIGH COURT

 No leniency for the unauthorized and wilful absence.
2013 LLR 589
CALCUTTA HIGH COURT

 Misappropriation and insubordination would justify dismissal.
2013 LLR 591
KARNATAKA HIGH COURT

 Mere submission of medical certificate will not justify unauthorised absence.
2013 LLR 593
KARNATAKA HIGH COURT

 Principal employer is not liable to pay bonus to contractor''s employees.
2013 LLR 595
KARNATAKA HIGH COURT

 Launching prosecution of principal employer for non-payment of bonus to the workers of contractor is to be quashed.
2013 LLR 595
KARNATAKA HIGH COURT

 Dismissal, after holding of an enquiry is not to be interfered.
2013 LLR 605
DELHI HIGH COURT

 Reinstatement not to be interfered in the absence of rebuttal.
2013 LLR 608
DELHI HIGH COURT

 Abusing and physically hurting the superior would justify dismissal.
2013 LLR 609
BOMBAY HIGH COURT

 Enquiry, conducted in accordance with service rules, cannot be faulted with.
2013 LLR 609
BOMBAY HIGH COURT

 Standing Orders, when contrary to bye-laws, will be illegal.
2013 LLR 611
GUJARAT HIGH COURT

 Calculation of gratuity has to be on last drawn wages.
2013 LLR 613
ALLAHABAD HIGH COURT

 EPFO is empowered to determine relationship between the parties.
2013 LLR 614
KERALA HIGH COURT

 Working Journalists on monthly wages are to be covered under the provident fund.
2013 LLR 614
KERALA HIGH COURT

 Tribunal not justified in declining approval for dismissal of a bus conductor possessing twelve used tickets.
2013 LLR 620
DELHI HIGH COURT

 Erroneous past conduct, if overlooked by the Tribunal, would set aside reinstatement.
2013 LLR 620
DELHI HIGH COURT

 Strict rules of evidence not applicable in domestic enquiry.
2013 LLR 620
DELHI HIGH COURT

 High Court can direct the police protection to employee if it fails to provide.
2013 LLR 626
MADRAS HIGH COURT

 Modernisation, not resulting in reduction of workers, would not attract section 9-A of the Industrial Disputes Act
2013 LLR 626
MADRAS HIGH COURT

 Clubbing establishments, without providing report of the inspector, is to be set aside.
2013 LLR 631
DELHI HIGH COURT

 Clubbing for provident fund cover is not proper if a single person owns more than one establishment.
2013 LLR 631
DELHI HIGH COURT

 Gratuity can be adjusted towards loan if agreement so provides.
2013 LLR 637
ALLAHABAD HIGH COURT

 Adjustment of loan against gratuity is not prohibited by section 4(6) of Payment of Gratuity Act.
2013 LLR 637
ALLAHABAD HIGH COURT

 o enquiry after retirement unless the Rules provide.
2013 LLR 640
GUJARAT HIGH COURT

 Reinstatement is proper when approval for dismissal is not obtained during pendency of industrial dispute.
2013 LLR 642
KARNATAKA HIGH COURT

 A workman cannot be punished during pendency of industrial dispute without approval of concerned authority.
2013 LLR 642
KARNATAKA HIGH COURT

 Dismissal justified on habitual unauthorized absence.
2013 LLR 646
KARNATAKA HIGH COURT

 Providing employment to a disabled employee will not absolve employer from paying accident compensation.
2013 LLR 648
ORISSA HIGH COURT

 Imposition of damages is not proper for unintentional delay in EPF dues.
2013 LLR 653
GUJARAT HIGH COURT

 Cost may be imposed on APFO challenging order of EPF Appellate Tribunal.
2013 LLR 653
GUJARAT HIGH COURT

 Enquiry not to be vitiated merely for delay of its conclusion.
2013 LLR 654
SUPREME COURT OF INDIA

 A vague charge-sheet will vitiate the enquiry.
2013 LLR 654
SUPREME COURT OF INDIA

 Enquiry after retirement can be conducted only when rules provide.
2013 LLR 654
SUPREME COURT OF INDIA

 Enquiry is to resume from where it was vitiated.
2013 LLR 654
SUPREME COURT OF INDIA