IMPORTANT JUDGEMENTS for July 2010

IMPORTANT JUDGEMENTS

 Civil court cannot grant reinstatement to a bus conductor who is a ''workman''.
2010 LLR 673
SUPREME COURT OF INDIA

 In the matter of employer-employee relations, the jurisdiction of civil court is barred.
2010 LLR 673
SUPREME COURT OF INDIA

 Reinstatement, that too by civil court, is liable to be quashed when the workman has worked only for three months.
2010 LLR 673
SUPREME COURT OF INDIA

 Reinstatement with back-wages is not automatic even when there is violation of section 25 F of the Industrial Disputes Act.
2010 LLR 677
SUPREME COURT OF INDIA

 Monetary compensation would be adequate relief when there is illegal termination.
2010 LLR 677
SUPREME COURT OF INDIA

 Last drawn wages will be payable to a workman whose dismissal has not been approved and Management has filed a writ petition.
2010 LLR 682
DELHI HIGH COURT

 In the absence of proper rebuttal, coverage of establishment under Provident Funds Act will not be interfered.
2010 LLR 684
DELHI HIGH COURT

 Applicability of provident fund can be rebutted by producing record showing that 20 or more persons are not employees.
2010 LLR 684
DELHI HIGH COURT

 Employees'' Provident Funds Act is a social welfare legislation intended to protect interest of the weaker section of Society.
2010 LLR 684
DELHI HIGH COURT

 Class IV employees, not being supervisors, will be entitled to overtime under Factories Act.
2010 LLR 689
BOMBAY HIGH COURT

 Completion of enquiry in 1 hours will not to be vitiated when charges were admitted.
2010 LLR 694
BOMBAY HIGH COURT

 Dismissal of Senior Security Guards, consuming liquor during office hours, is rightly upheld.
2010 LLR 694
BOMBAY HIGH COURT

 Confession for consuming liquor at workplace can''t be wriggled out by assurance.
2010 LLR 694
BOMBAY HIGH COURT

 Labour Court should not have directed engagement of the workman despite holding termination as valid.
2010 LLR 699
ALLAHABAD HIGH COURT

 Reinstatement of canteen workers engaged by contractor but working under control of principal employer not to be interfered.
2010 LLR 700
ALLAHABAD HIGH COURT

 Abandonment of job by a workman can''t be presumed when he has been sending medical certificates and no enquiry has been held.
2010 LLR 700
ALLAHABAD HIGH COURT

 The principles of natural justice being essence of fair adjudication are deeply rooted in tradition and conscience.
2010 LLR 703
ALLAHABAD HIGH COURT

 Merely because the principal employer has been depositing EPF/ESI contributions of contract workers, will not be construed that the contract was camouflage.
2010 LLR 704
PUNJAB AND HARYANA HIGH COURT

 Holding the contract between principal employer and the contractor as sham is extraneous to terms of reference.
2010 LLR 704
PUNJAB AND HARYANA HIGH COURT

 Labour Court has to confine its powers to the terms of reference.
2010 LLR 704
PUNJAB AND HARYANA HIGH COURT

 Extending facilities of supplying shoes and uniform to the contract workers under the Factories Act/Award would not render the contract as sham.
2010 LLR 704
PUNJAB AND HARYANA HIGH COURT

 Even a daily-wager will be entitled to gratuity under the Payment of Gratuity Act.
2010 LLR 712
GUJARAT HIGH COURT

 Stoppage of increments not being dismissal, section 33-A of the I.D. Act, pertaining to approval, will not be applicable.
2010 LLR 713
GUJARAT HIGH COURT

 No interference with Award of the Labour Court , judicially exercising the powers under section 11-A of the I.D. Act.
2010 LLR 715
MADRAS HIGH COURT

 Insurance Company will not be saddled with interest and penalty for delayed payment of employee''s compensation.
2010 LLR 720
RAJASTHAN HIGH COURT

 Belated appeal, without explanation filed by the ESIC, will not be tenable.
2010 LLR 722
RAJASTHAN HIGH COURT

 An employee cannot be reverted to a post lower than the post he was appointed.
2010 LLR 723
SUPREME COURT OF INDIA

 Minimum wages will be payable by a Society covered by the Delhi Shops & Establishments Act.
2010 LLR 728
DELHI HIGH COURT

 Dismissal of an Airlines employee for fraudulently availing free tickets is proper.
2010 LLR 732
DELHI HIGH COURT

 An enquiry not unfair when the findings are based on the evidence and proper opportunity has been given to the delinquent.
2010 LLR 732
DELHI HIGH COURT

 A claim u/s 33C(2) of the I.D. Act not tenable when employee is a licensee.
2010 LLR 740
BOMBAY HIGH COURT

 A watchman, who mishandled his superior, is rightly dismissed.
2010 LLR 744
BOMBAY HIGH COURT

 Enquiry, held in accordance with principles of natural justice, will not be vitiated.
2010 LLR 744
BOMBAY HIGH COURT

 No retrenchment compensation will be payable to a workman who did not join duty.
2010 LLR 747
ALLAHABAD HIGH COURT

 Adjournment for enquiry has to be given by the Enquiry Officer and not the Disciplinary Authority.
2010 LLR 749
KERALA HIGH COURT

 Enquiry Officer not justified in proceeding ex parte when the employee was advised for medical test.
2010 LLR 749
KERALA HIGH COURT

 Discarding the medical certificate of an employee for participation in the enquiry is not justified.
2010 LLR 749
KERALA HIGH COURT

 Fresh enquiry will not be desirable when over 12 years have elapsed after the incident.
2010 LLR 749
KERALA HIGH COURT

 A writ will be maintainable when a private bank has merged with the nationalized bank.
2010 LLR 749
KERALA HIGH COURT

 Cess under the Welfare Act, it is to be paid by the owner and not the contractor.
2010 LLR 752
PUNJAB AND HARYANA HIGH COURT

 Government has to decide revision of pay scales for the casual farm workers.
2010 LLR 757
KARNATAKA HIGH COURT

 Enquiry against a delinquent for clearing medical bills of 600 persons sans procedure will not be stayed.
2010 LLR 758
MADHYA PRADESH HIGH COURT

 Proceedings in criminal trial and departmental enquiry can go simultaneously and separately.
2010 LLR 758
MADHYA PRADESH HIGH COURT

 High Court should not have set aside dismissal of a dishonest conductor.
2010 LLR 760
SUPREME COURT OF INDIA

 There can''t be any punishment lesser than dismissal for misappropriation.
2010 LLR 760
SUPREME COURT OF INDIA

 Dismissal of bus conductor, receiving fare and not depositing, is right.
2010 LLR 760
SUPREME COURT OF INDIA

 A personal driver of the General Manager is wrongly held to be company''s employee.
2010 LLR 763
DELHI HIGH COURT

 High Court not to issue directions to Government to abolish contract labour system.
2010 LLR 770
KARNATAKA HIGH COURT

 Reinstatement of a workman appointed for fixed period is to be set aside .
2010 LLR 776
BOMBAY HIGH COURT

 Government is empowered to prohibit lock-out under Industrial Disputes Act.
2010 LLR 777
SUPREME COURT OF INDIA

 Continuous absence for a long time will justify the termination even without enquiry.
2010 LLR 778
BOMBAY HIGH COURT

 High Court not to interfere in the permission for prosecution of the employer violating provisions of sections 25 N and 25 Q of the I.D. Act.
2010 LLR 779
KARNATAKA HIGH COURT

 Provident Fund Authority can''t ask to furnish security or bank guarantee.
2010 LLR 779
CALCUTTA HIGH COURT

 Injuries suffered by driver, due to attack, would be treated as caused in accident arising during his employment.
2010 LLR 780
KERALA HIGH COURT

 An appeal, beyond limitation, would not be quashed when the order was not timely served.
2010 LLR 780
JHARKHAND HIGH COURT

 Coverage of an establishment under ESI Act on the basis of unsigned survey report by ESIC Inspectors is rightly quashed.
2010 LLR 781
DELHI HIGH COURT

 Delay in deposit of provident fund contributions would justify interest and damages to be levied.
2010 LLR 781
MADRAS HIGH COURT

 Claim for gratuity lies before the Controlling Authority under Gratuity Act.
2010 LLR 781
MADRAS HIGH COURT