IMPORTANT JUDGEMENTS for June 2016

IMPORTANT JUDGEMENTS

 Non submission of Form P would render retrenchment illegal. Termination of school employee without DoE’s approval is illegal.
2016 LLR 561
SUPREME COURT OF INDIA

 Back-wages not proper in non-functional industry.
2016 LLR 572
SUPREME COURT OF INDIA

 Dismissal of a bank employee for misappropriation is justified.
2016 LLR 574
GAUHATI HIGH COURT

 Deposit of ESI contribution of contractor’s employees by principal employer would not make them latter’s employees. and Who employs, pays salary and exercises control will determine employee-employer relationship. and Non-compliance of CLRA Act would not make contractor’s employee to that of principal employer. and ESI card bearing address of principal employer would not make the contractor’s employee to be that of former’s.
2016 LLR 580
HIMACHAL PRADESH HIGH COURT

 Unauthorised absence for 114 days would justify dismissal from service.
2016 LLR 588
PUNJAB AND HARYANA HIGH COURT

 Ex-parte Award to be set aside for unintentional non-appearance.
2016 LLR 590
PUNJAB AND HARYANA HIGH COURT

 Reinstatement not automatic even when termination is illegal. and Compensation in lieu of reinstatement appropriate to a casual employee if termination is illegal.
2016 LLR 591
PUNJAB AND HARYANA HIGH COURT

 Absence is not unauthorised when leave is without pay.
2016 LLR 593
DELHI HIGH COURT

 Performance of duties of higher ranks would justify claim for 'equal pay for equal work'.
2016 LLR 597
DELHI HIGH COURT

 Denial of employer-employee relationship is not only to be pleaded but proved also.
2016 LLR 599
BOMBAY HIGH COURT

 Unexplained delay in claim filing would justify dismissal of dispute.
2016 LLR 603
BOMBAY HIGH COURT

 Clean and long service alone will mitigate punishment.
2016 LLR 604
BOMBAY HIGH COURT

 Termination justified when false medical bills got reimbursed. and Acceptance of fresh appointment can't be challenged later.
2016 LLR 607
BOMBAY HIGH COURT

 Deduction of wages for causing loss sans opportunity for hearing not legal.
2016 LLR 613
PUNJAB AND HARYANA HIGH COURT

  Summons sent by registered post and not received back not sufficient to proceed ex-parte.
2016 LLR 614
PUNJAB AND HARYANA HIGH COURT

 High Court to interfere only on violation of law and not facts. and Pensionary benefit only on attaining the age of 50 years.
2016 LLR 615
PUNJAB AND HARYANA HIGH COURT

 Manager (HR) - Legal is not a ‘workman’. and An employee, not being workman cannot invoke I D Act.
2016 LLR 617
GUJARAT HIGH COURT

 Unless for non-payment of additional premium to cover liability of labourers, Insurer not liable for compensation.
2016 LLR 619
GUJARAT HIGH COURT

 Director not to be counted with employees to cover an establishment under Provident Fund Act.
2016 LLR 621
GUJARAT HIGH COURT

 Natural justice not vitiated when Labour Court provided opportunity to examine disciplinary authority. and Enquiry not to be vitiated when delinquent was provided opportunity for cross-examination.
2016 LLR 632
GUJARAT HIGH COURT

 Transferee and transferor both are liable to pay damages for delayed payment of EPF contribution.
2016 LLR 635
KERALA HIGH COURT

 High Court not to interfere when appropriate remedy is provided.
2016 LLR 637
JHARKHAND HIGH COURT

 Consuming liquor on duty is a serious misconduct.
2016 LLR 641
HYDERABAD HIGH COURT

 Only honourable acquittal will impact departmental proceedings.
2016 LLR 645
CALCUTTA HIGH COURT

 Absence, when habitual justifies dismissal from service. and No sympathy of court for a habitual absentee.
2016 LLR 649
KARNATAKA HIGH COURT

 Transfer from one post to another is incident of service. and Courts to interfere only when transfer of employee is malafide.
2016 LLR 654
DELHI HIGH COURT

 Enquiry to be stayed during criminal trial if prejudice is caused.
2016 LLR 656
DELHI HIGH COURT

 Honorarium not to be treated as ‘wages’ for ESI coverage.
2016 LLR 659
BOMBAY HIGH COURT

 Compliance of section 33 of ID Act is imperative on termination of workman during pendency of proceedings.
2016 LLR 664
GUJARAT HIGH COURT

 Offer of retrenchment compensation after termination would not be legal.
2016 LLR 666
GUJARAT HIGH COURT

 Reinstatement with back-wages is appropriate when abandonment is not proved. and Termination to be invalid for non-payment of retrenchment compensation. and For grant of back-wages, various factors like tenure of service, delay in raising dispute, etc. would be relevant.
2016 LLR 669
PUNJAB AND HARYANA HIGH COURT

 Non-providing of overtime slips and leave books would justify penalty/prosecution.
2016 LLR 673
SUPREME COURT OF INDIA

 Compensation received to be returned first if VRS is challenged. and Offence of contravention would not be absolved by removing deficiency.
2016 LLR 673
SUPREME COURT OF INDIA