IMPORTANT JUDGEMENTS for July 2008

IMPORTANT JUDGEMENTS

 Setting aside dismissal of bus conductor guilty of misappropriation is wrong.
2008 LLR 673
SUPREME COURT OF INDIA

 Sympathy to a dishonest conductor is misplaced in setting his dismissal.
2008 LLR 673
SUPREME COURT OF INDIA

 Refer or not to refer a dispute for adjudication is for the government, not the Court
2008 LLR 676
SUPREME COURT OF INDIA

 Ten times penalty for short payment than minimum wages is to be modified to the equivalent to the amount.
2008 LLR 677
Delhi High Court

 High Court not to interfere with termination when workmen were appointed for fixed period.
2008 LLR 681
DELHI HIGH COURT

 Last drawn wages during pendency of the proceedings in higher court as initiated by the employer can't be denied when gainful employment not proved.
2008 LLR 686
DELHI HIGH COURT

 Levy of damages for late payment of provident fund contributions without holding enquiry under section 7-A is liable to be quashed.
2008 LLR 696
DELHI HIGH COURT

 Compensation claim for occupational disease of '˜allergy of diesel and diesel fumes' is to be rejected when no other workman has ever so contracted.
2008 LLR 697
BOMBAY HIGH COURT

 While deputing employees to another place reference to appointment letter is not necessary.
2008 LLR 701
BOMBAY HIGH COURT

 An employer can depute its employees to meet specific exigencies and Industrial Courts should not grant stay.
2008 LLR 701
BOMBAY HIGH COURT

 Stoppage of work and gheraoing the senior executives will justify dismissal.
2008 LLR 704
BOMBAY HIGH COURT

 After upholding the validity of enquiry for charges as proved, no compensation is to be granted.
2008 LLR 704
BOMBAY HIGH COURT

 High Court is not to interfere with the administrative function of the government in making reference of a dispute for adjudication.
2008 LLR 706
BOMBAY HIGH COURT

 Adjudication of an industrial dispute is different from deciding a civil suit.
2008 LLR 706
BOMBAY HIGH COURT

 Discontinuation of employment of a daily-wager not amounted to an industrial dispute.
2008 LLR 711
BOMBAY HIGH COURT

 Dismissal of a workman for habitual absence has been wrongly set aside.
2008 LLR 715
SUPREME COURT OF INDIA

 Anmployee failing to participate in enquiry cannot complain violation of natural justice.
2008 LLR 715
SUPREME COURT OF INDIA

 Courts have limited powers in punishments and should not show any sentiment.
2008 LLR 715
SUPREME COURT OF INDIA

 In the absence of proof for performance of supervisory and managerial capacity, an employee will be a '˜workman'.
2008 LLR 718
BOMBAY HIGH COURT

 Reinstatement with back-wages is justified if no retrenchment compensation was paid.
2008 LLR 718
BOMBAY HIGH COURT

 Non-payment of retrenchment compensation will render the termination illegal.
2008 LLR 718
BOMBAY HIGH COURT

 Dismissal of the bus conductor guilty of collecting fare but not issuing tickets is justified.
2008 LLR 723
GUJARAT HIGH COURT

 Insurance Company cannot be held liable for payment of interest on compensation.
2008 LLR 727
KERALA HIGH COURT

 Reimbursement for treatment to a non-recognised hospital, is to be allowed under the Payment of Wages Act.
2008 LLR 729
ALLAHABAD HIGH COURT

 Except leave encashment and bonus, the stitching and washing allowance will not be included in consequential benefits on reinstatement.
2008 LLR 731
KARNATAKA HIGH COURT

 Consequential benefits for interregnum on reinstatement will include fixed medical allowance being paid on fixed rate.
2008 LLR 731
KARNATAKA HIGH COURT

 Declining adjustment of housing loan against the gratuity, on employee's request, is not justified.
2008 LLR 735
PUNJAB AND HARYANA HIGH COURT

 Controlling Authority erred in rejecting claim for gratuity as barred by limitation.
2008 LLR 737
MADRAS HIGH COURT

 Non-supply of documents to the employee will vitiate the enquiry and dismissal.
2008 LLR 739
ALLAHABAD HIGH COURT

 Dismissal of driver for not stopping the bus when asked by the checking staff is to be set aside when no action was taken against conductor.
2008 LLR 740
ALLAHABAD HIGH COURT

 Dismissal for theft of Company's property will not be disproportionate.
2008 LLR 741
JHARKHAND HIGH COURT

 An industrial dispute need not be raised by or through recognised or majority union.
2008 LLR 742
KERALA HIGH COURT

 Provident Funds Act once applicable will continue even when the number falls prescribed limit
2008 LLR 744
KERALA HIGH COURT

 Holding of enquiry is not necessary when employee has admitted the charges.
2008 LLR 747
PUNJAB AND HARYANA HIGH COURT

 Award of Compensation is justified when workman died while crossing railway track.
2008 LLR 748
RAJASTHAN HIGH COURT

 Condonation of delay by Compensation Commissioner does not involve question of law in appeal.
2008 LLR 748
RAJASTHAN HIGH COURT

 Compensation, in lieu of reinstatement, will be appropriate in dispute pending for 13 years.
2008 LLR 749
GUJARAT HIGH COURT

 Probationer has no right to hold the post hence termination for unsatisfactory work is legal.
2008 LLR 752
ALLAHABAD HIGH COURT

 Merely stating unsatisfactory work will not vitiate the termination of a probationer.
2008 LLR 752
ALLAHABAD HIGH COURT

 Awarding compensation in lieu of reinstatement and back wages will not be interfered.
2008 LLR 756
DELHI HIGH COURT

 While setting aside punishment, the Labour Court should also consider industrial peace and power of Management to run the establishment.
2008 LLR 758
KERALA HIGH COURT

 Reinstatement cannot to be awarded to an employee, claiming false travelling allowance.
2008 LLR 758
KERALA HIGH COURT

 Normally the Labour Court cannot grant reinstatement in cases of proved misconduct involving dishonesty & misappropriation etc.
2008 LLR 758
KERALA HIGH COURT

 Labour Court is empowered to modify the punishment but can't act as a benevolent dictator in granting relief.
2008 LLR 758
KERALA HIGH COURT

 Habitual absence is a serious misconduct and deserves no sympathy for granting relief.
2008 LLR 763
HIMACHAL PRADESH HIGH COURT

 A workman neither participating in enquiry nor reporting for verification of sickness cannot allege the violation of natural justice.
2008 LLR 763
HIMACHAL PRADESH HIGH COURT

 In disciplinary matters, the High Court has limited powers to interfere.
2008 LLR 763
HIMACHAL PRADESH HIGH COURT

 Even daily-wagers having worked for more than 240 days are entitled to job security.
2008 LLR 763
HIMACHAL PRADESH HIGH COURT

 A dispute about bonus is to be decided by the Industrial Tribunal not the Labour Court
2008 LLR 765
SUPREME COURT OF INDIA

 ESIC will not be liable to pay compensation for injuries suffered by the employee, having crossed salary ceiling.
2008 LLR 768
SUPREME COURT OF INDIA

 An agreement restraining the employee from accepting any employment after cessation of employment will be illegal.
2008 LLR 771
BOMBAY HIGH COURT

 An employee can be prohibited to disclose commercial or trade secrets only during the tenure of employment.
2008 LLR 771
BOMBAY HIGH COURT

 To obstruct an employee from leaving services is not fair.
2008 LLR 771
BOMBAY HIGH COURT

 Gone are the days when reinstatement with back-wages was a golden rule if termination of a workman was held to be illegal.
2008 LLR 775
ANDHRA PRADESH HIGH COURT

 It is rightly held that the daily-rated workman having worked a little more than 240 days is not entitled to any relief.
2008 LLR 775
ANDHRA PRADESH HIGH COURT

 Courts should desist from granting reinstatement due to illegal employment in public services.
2008 LLR 775
ANDHRA PRADESH HIGH COURT

 Denial of relief to petitioner challenging termination after 27 years is right.
LLR 2008 690
DELHI HIGH COURT