IMPORTANT JUDGEMENTS for June 2014

IMPORTANT JUDGEMENTS

 Delay of 10 years for claiming accident compensation can''t be condoned.
2014 LLR 561
DELHI HIGH COURT

 Liability of compensation only when accident arises out of and in the course of employment
2014 LLR 561
DELHI HIGH COURT

 Mere negligence of employee, will not debar him from accident compensation.
2014 LLR 566
DELHI HIGH COURT

 Insurer is liable for compensation when accident arises in course of employment.
2014 LLR 566
DELHI HIGH COURT

 Compensation for an accident can be denied only when victim was under the influence of liquor/drugs.
2014 LLR 566
DELHI HIGH COURT

 100% accident compensation when employee is rendered totally disabled.
2014 LLR 566
DELHI HIGH COURT

 A quasi judicial authority must pass only a speaking order.
2014 LLR 569
BOMBAY HIGH COURT

 Termination sans retrenchment compensation is illegal.
2014 LLR 571
PUNJAB AND HARYANA HIGH COURT

 Reinstatement justified when termination is violative of natural justice.
2014 LLR 571
PUNJAB AND HARYANA HIGH COURT

 Ex-parte proceedings can be set aside against cost.
2014 LLR 574
RAJASTHAN HIGH COURT

 Abandonment cannot be presumed in the absence of cogent evidence.
2014 LLR 574
RAJASTHAN HIGH COURT

 240 days'' continuous working is the condition precedent for challenging wrongful termination.
2014 LLR 576
ALLAHABAD HIGH COURT

 Reinstatement of a daily wager by raising the dispute after 8 years of termination is unsustainable.
2014 LLR 576
ALLAHABAD HIGH COURT

 It is for terminated workman to prove to have worked for 240 days.
2014 LLR 576
ALLAHABAD HIGH COURT

 Even a belated dispute has to be referred for adjudication.
2014 LLR 576
GUJARAT HIGH COURT

 Last drawn wages payable to a reinstated workman if the employer challenges the award in the higher court.
2014 LLR 581
KERALA HIGH COURT

 Section 11A of the ID Act ensures that there is no victimization of unfair treatment to a workman.
2014 LLR 583
ORISSA HIGH COURT

 Supporting reasons must be given for modifying punishment.
2014 LLR 583
ORISSA HIGH COURT

 Acquittal will not affect continuation of disciplinary action.
2014 LLR 588
JHARKHAND HIGH COURT

 Declaration of ''protected workmen'' not always necessary within 15 days of the communication.
2014 LLR 592
KARNATAKA HIGH COURT

 An employer can decline to declare a ''protected workman'' who is dismissed.
2014 LLR 592
KARNATAKA HIGH COURT

 Reinstatement without back-wages is appropriate if the litigation has taken a long.
2014 LLR 597
KARNATAKA HIGH COURT

 Abandonment can be presumed when the workman did not resume duty despite repeated letters.
2014 LLR 598
DELHI HIGH COURT

 Non-rebuttal of averment of the employer in written statement by the workman would justify the contention.
2014 LLR 598
DELHI HIGH COURT

 Dispute challenging retirement age is beyond pale of section 2A of ID Act.
2014 LLR 604
DELHI HIGH COURT

 Alteration of retirement age can be challenged when espoused by appreciable number of workmen. 
2014 LLR 604
DELHI HIGH COURT

 Dependents of the deceased driver on duty will be entitled to accident compensation.
2014 LLR 607
DELHI HIGH COURT

 Termination of a part-time sweeper would not be illegal when she fails to prove 240 days working. 
2014 LLR 608
DELHI HIGH COURT

 Once there are 20 employees Provident Fund Act becomes applicable even when the total number is reduced.
2014 LLR 611
DELHI HIGH COURT

 A school rightly covered under Provident Fund when the principal has affirmed about employment of 20 employees.
2014 LLR 611
DELHI HIGH COURT

 Declaration of lock out will be justified when the workers damaged the properties and assaulted the manager.
2014 LLR 613
GAUHATI HIGH COURT

 Compensation, not reinstatement would be appropriate to a daily wager
2014 LLR 615
ALLAHABAD HIGH COURT

 Trend of recent judgments reveal awarding of compensation instead of reinstatement.
2014 LLR 615
ALLAHABAD HIGH COURT

 Suffering chest pain after long distance drive by a deceased truck driver would justify accident compensation.
2014 LLR 623
DELHI HIGH COURT

 Mere submission of medical certificate without supporting application would not justify absence
2014 LLR 626
DELHI HIGH COURT

 Enquiry will be proper when workman has appeared and cross-examined the witnesses.
2014 LLR 626
DELHI HIGH COURT

 For unauthorised absence termination of service would be appropriate.
2014 LLR 626
DELHI HIGH COURT

 Alleging denial of opportunity in an enquiry by an employee would be untenable when he failed to participate enquiry.
2014 LLR 626
DELHI HIGH COURT

 Medical expenses for accident, if not claimed in the petition, would not justify claiming it subsequently.
2014 LLR 634
DELHI HIGH COURT

 Back-wages on reinstatement rightly denied when termination challenged after 11 years.
2014 LLR 636
BOMBAY HIGH COURT

 Owner of a hotel can be treated as employee for coverage under ESI Act.
2014 LLR 637
KERALA HIGH COURT

 A principal employer can also be treated as an ''employee'' under ESI Act.
2014 LLR 637
KERALA HIGH COURT

 Transfer of an employee from Guna to Bhopal cannot be stalled merely that he will not be able to get medical facilities.
2014 LLR 640
MADHYA PRADESH HIGH COURT

 Transfer, when made because of administrative reasons, would be justified.
2014 LLR 640
MADHYA PRADESH HIGH COURT

 Part-time sweeper is also a ''workman''.
2014 LLR 642
CALCUTTA HIGH COURT

 ''Workman'' will include casual, temporary or part time employee.
2014 LLR 642
CALCUTTA HIGH COURT

 Employer-employee relationship will be established when workman was getting monthly remuneration.
2014 LLR 642
CALCUTTA HIGH COURT

 Reinstatement with back-wages appropriate on non-payment of retrenchment compensation and notice pay on termination.
2014 LLR 642
CALCUTTA HIGH COURT

 Dignity of labour, constitutionally ensured, needs proper recognition.
2014 LLR 642
CALCUTTA HIGH COURT

 Hire and fire'' rule extraneous for achieving social justice.
2014 LLR 642
CALCUTTA HIGH COURT

 Seniority list must be displayed before effecting retrenchment.
2014 LLR 647
DELHI HIGH COURT

 House rent allowance, if not included in wages for compensation, would render retrenchment as illegal.
2014 LLR 647
DELHI HIGH COURT

 Dismissal based on conviction not tenable when offence was committed outside employer''s premises.
2014 LLR 651
PUNJAB AND HARYANA HIGH COURT

 Back-wages on reinstatement after employee was acquitted in criminal case.
2014 LLR 651
PUNJAB AND HARYANA HIGH COURT

 Remedy for recovery of money against employer, if availed in Civil Court, would not be permitted before the Labour Court.
2014 LLR 656
PUNJAB AND HARYANA HIGH COURT

 An employee having more than one forum for redressal can opt anyone.
2014 LLR 656
PUNJAB AND HARYANA HIGH COURT