IMPORTANT JUDGEMENTS for June 2015

IMPORTANT JUDGEMENTS

 Dismissal disproportionate when ''willful disobedience'' only partially proved.
2015 LLR 561
SUPREME COURT OF INDIA

 Past record of a delinquent has to be considered at initial stage.
2015 LLR 561
SUPREME COURT OF INDIA

 Labour Court/Tribunal is empowered to grant such a relief even not pleaded by workman.
2015 LLR 561
SUPREME COURT OF INDIA

 An Award not based on facts is to be set aside.
2015 LLR 568
DELHI HIGH COURT

 Territorial jurisdiction of the Court lies where the workman was posted and terminated.
2015 LLR 568
DELHI HIGH COURT

 Enquiry not perverse if employee did not lead any evidence.
2015 LLR 571
DELHI HIGH COURT

 Writ Court can interfere with enquiry only if the finding is perverse or improper.
2015 LLR 571
DELHI HIGH COURT

 Courts can''t direct regularisation of employees engaged through backdoor.
2015 LLR 573
DELHI HIGH COURT

 No ''employer-employee'' relationship between principal employer and employees of licensed contractors.
2015 LLR 575
DELHI HIGH COURT

 Central Government will be appropriate government for Oil industry.
2015 LLR 575
DELHI HIGH COURT

 Only discrepancies in monthly return is no ground to recommend for cancellation of Provident Fund exemption.
2015 LLR 577
KERALA HIGH COURT

 A contract is sham when day-to-day supervision of contractor''s workers is made by principal employer.
2015 LLR 580
MADRAS HIGH COURT

 A contract when proved sham, employees of contractor to be absorbed as regular employees.
2015 LLR 580
MADRAS HIGH COURT

 Writ Court has limited scope of interference in the Award passed by Labour Court.
2015 LLR 580
MADRAS HIGH COURT

 Delinquent can''t claim representation by lawyer in enquiry when Presenting Officer of employer is not legally trained.
2015 LLR 589
MADRAS HIGH COURT

 Basis of counting 240 days is to be taken backward from the date of retrenchment.
2015 LLR 591
PUNJAB AND HARYANA HIGH COURT

 Abandonment of job by workman can''t be presumed without holding of enquiry.
2015 LLR 595
PUNJAB AND HARYANA HIGH COURT

 Termination of an employee for his long unauthorized absence without conducting enquiry is illegal.
2015 LLR 595
PUNJAB AND HARYANA HIGH COURT

 Dispensation of enquiry not justified merely that last address of workman was not known.
2015 LLR 595
PUNJAB AND HARYANA HIGH COURT

 Reinstatement justified when employer fails to hold enquiry for absence of workman.
2015 LLR 595
PUNJAB AND HARYANA HIGH COURT

 Labour Laws are not applicable to Sulabh International Social Service Organization.
2015 LLR 597
GUJARAT HIGH COURT

 Wages for the period of suspension to an employee cannot be denied.
2015 LLR 599
RAJASTHAN HIGH COURT

 Full wages for the period of suspension can''t be denied when the employee is not found guilty in the enquiry.
2015 LLR 599
RAJASTHAN HIGH COURT

 An Industrial Adjudicator has no power under section 11(3) of the I.D. Act like that of a Civil Court.
2015 LLR 601
KARNATAKA HIGH COURT

 Termination by one month''s wages without compliance of applicable law is illegal retrenchment.
2015 LLR 603
SUPREME COURT OF INDIA

 An employer can''t question limitation if no notice u/s. 7(2) of the Gratuity Act is given to employee.
2015 LLR 610
BOMBAY HIGH COURT

 Retrenchment compensation imperative on termination of workman with 240 days or more service.
2015 LLR 613
DELHI HIGH COURT

 Appointment for 90 days and giving extension from time to time would not affect continuity of service.
2015 LLR 613
DELHI HIGH COURT

 Back-wages only from the date of demand notice.
2015 LLR 613
DELHI HIGH COURT

 A dispute raised after 3 years can''t be rejected.
2015 LLR 613
DELHI HIGH COURT

 Unless contract to the contrary, transfer of an employee to another company is illegal.
2015 LLR 616
DELHI HIGH COURT

 Transfer of an employee as per service conditions is legal.
2015 LLR 616
DELHI HIGH COURT

 Reinstatement with full back-wages is not always automatic on every illegal termination.
2015 LLR 617
DELHI HIGH COURT

 Job security available only when workman proves 240 days continuous service.
2015 LLR 622
DELHI HIGH COURT

 Finding of facts can''t be challenged by writ petition in High Court.
2015 LLR 622
DELHI HIGH COURT

 Nature of work cannot be judged by mere volume or quantity of work.
2015 LLR 626
GUJARAT HIGH COURT

 Provident Fund dues of contractor with independent code can''t be recovered from principal employer.
2015 LLR 635
MADRAS HIGH COURT

 Contractor registered with PF Department Code number is to be treated as ''independent employer''.
2015 LLR 635
MADRAS HIGH COURT

 Liability of unregistered contractors for payment of EPF contributions can be fastened upon principal employer.
2015 LLR 635
MADRAS HIGH COURT

 Back-wages justified only when workman pleads his unemployment.
2015 LLR 639
PUNJAB AND HARYANA HIGH COURT

 Appearance of Presenting Officer of Management as witness will not vitiate enquiry.
2015 LLR 642
CALCUTTA HIGH COURT

 Object of holding an enquiry is to give the delinquent opportunity to defend against the charges.
2015 LLR 642
CALCUTTA HIGH COURT

 In the absence of any statutory guidelines, an Enquiry Officer can evolve his own procedure.
2015 LLR 642
CALCUTTA HIGH COURT

 An Enquiry must be in conformity with Principle of Natural Justice.
2015 LLR 642
CALCUTTA HIGH COURT

 Punishment for embezzlement not to be interfered by Court.
2015 LLR 646
SUPREME COURT OF INDIA

 Labour Court has to confirm its jurisdiction to terms of reference.
2015 LLR 648
BOMBAY HIGH COURT

 An Award by Labour Court beyond terms of reference is to be set aside.
2015 LLR 648
BOMBAY HIGH COURT

 Termination by way of punishment is not retrenchment.
2015 LLR 649
BOMBAY HIGH COURT

 Repeated representations to employer is not sufficient explanation for delay in raising dispute.
2015 LLR 649
BOMBAY HIGH COURT

 Non-compliance of transfer and refusal to participate in enquiry are misconducts justifying termination.
2015 LLR 655
MADHYA PRADESH HIGH COURT

 Illegal strike is not a sufficient cause to abstain in the enquiry.
2015 LLR 655
MADHYA PRADESH HIGH COURT

 Obtaining resignation under pressure and coercion amounts to ''unfair labour practice''.
2015 LLR 658
RAJASTHAN HIGH COURT

 Non-rebuttal of allegation of employee by employer, resignation will be clear to be obtained under coercion.
2015 LLR 659
PUNJAB AND HARYANA HIGH COURT

 Testing, certification of materials of food items carried out in Laboratory will be covered by Factories Act.
2015 LLR 659
PUNJAB AND HARYANA HIGH COURT