IMPORTANT JUDGEMENTS for July 2011

IMPORTANT JUDGEMENTS

 Ex-parte enquiry will be proper when delinquent failed to participate despite notice.
2011 LLR 673
SUPREME COURT OF INDIA

 Onus to prove Mala fide is on the person who alleges.
2011 LLR 673
SUPREME COURT OF INDIA

 Disciplinary Authority should give supporting reasons for initiating an enquiry.
2011 LLR 673
SUPREME COURT OF INDIA

 Initial action when not legal, subsequent proceedings will not be sanctified.
2011 LLR 673
SUPREME COURT OF INDIA

 It is always for employer to take steps to lead evidence first against delinquent workman in enquiry.
2011 LLR 680
RAJASTHAN HIGH COURT

 In a dispute for regularization, Tribunal can''t direct the principal employer not to terminate services of contract labour.
2011 LLR 682
DELHI HIGH COURT

 Consultancy services will be covered under ESI Act as a ''shop''.
2011 LLR 687
DELHI HIGH COURT

 Under ESI Act, a shop is given extended meaning.
2011 LLR 687
DELHI HIGH COURT

 Payment of last drawn wages during pendency of proceedings in the higher court is like unrecoverable suspension allowance.
2011 LLR 693
MADHYA PRADESH HIGH COURT

 Government can refer a dispute; but cannot adjudicate it.
2011 LLR 695
MADHYA PRADESH HIGH COURT

 Compensation will be proper for non-compliance of section 25-F of the I.D. Act.
2011 LLR 697
ALLAHABAD HIGH COURT

 Back-wages, instead of reinstatement, will be appropriate when the workman has only three more years to serve.
2011 LLR 701
ALLAHABAD HIGH COURT

 An enquiry cannot be held to be unfair on trivial points.
2011 LLR 701
ALLAHABAD HIGH COURT

 For a daily-wager, weekly offs and public holidays will not be counted for 240 days. 
2011 LLR 704
GUJARAT HIGH COURT

 When transfer of an employee affects his financial entitlement, Courts interference would be called for.
2011 LLR 706
ORISSA HIGH COURT

 Transferring an employee, after 21 days of earlier transfer, not justified.
2011 LLR 706
ORISSA HIGH COURT

 Abandonment will be presumed when employee fails to comply with the transfer.
2011 LLR 708
DELHI HIGH COURT

 Employer can suspend an employee during pendency of disciplinary proceedings.
2011 LLR 708
DELHI HIGH COURT

 Reinstatement of a bank employee, who failed to comply with transfer order, is not proper.
2011 LLR 708
DELHI HIGH COURT

 Canteen subsidy paid is not food concession to attract provident fund contribution.
2011 LLR 717
GUJARAT HIGH COURT

 Clubbing of establishments is proper if there is functional and geographical proximity.
2011 LLR 726
MADRAS HIGH COURT

 Mere designation of apprentice or trainee will not deprive the status of a ''workman''.
2011 LLR 731
MADRAS HIGH COURT

 Reinstatement will not be denied merely because a long time has elapsed.
2011 LLR 731
MADRAS HIGH COURT

 Back-wages, on reinstatement, will not be proper in the absence of gainful employment.
2011 LLR 731
MADRAS HIGH COURT

 A dispute pertaining to dismissal of a workman need not be through the Union.
2011 LLR 731
MADRAS HIGH COURT

 Transfer will not be interfered by the court unless it is mala fide.
2011 LLR 735
GAUHATI HIGH COURT

 Regularisation of canteen employees not proper; when it was run by an independent establishment.
2011 LLR 739
DELHI HIGH COURT

 A driver, with one eye, cannot drive the heavy vehicle properly.
2011 LLR 748
KERALA HIGH COURT

 Reinstatement will be quashed when a temporary employee could be terminated without notice.
2011 LLR 750
BOMBAY HIGH COURT

 Daily-wagers would get payment for six days if there is five-days a week in the establishment
2011 LLR 752
BOMBAY HIGH COURT

 Staying of enquiry during pendency of the criminal trial is not proper.
2011 LLR 754
DELHI HIGH COURT

 Burden of proof in an enquiry is not as stringent as in criminal trial.
2011 LLR 754
DELHI HIGH COURT

 Last drawn wages will be payable to a workman during pendency of proceedings in higher court even after superannuation.
2011 LLR 762
DELHI HIGH COURT

 A Sub Division Officer is not empowered to act as Commissioner under the amended Employees'' Compensation Act.
2011 LLR 766
HIMACHAL PRADESH HIGH COURT

 50% instead of full back-wages appropriate; since no able-bodied person can remain unemployed.
2011 LLR 768
PUNJAB AND HARYANA HIGH COURT

 Confirmation of punishment, without opportunity to delinquent, is to be set aside
2011 LLR 770
BOMBAY HIGH COURT

 Mere payment of bonus by the principal employer to the contract workers would not make them former''s employees.
2011 LLR 771
CALCUTTA HIGH COURT

 Workers of non-licensed contractor cannot be thrusted upon principal employer.
2011 LLR 771
CALCUTTA HIGH COURT

 Control over contract labour is the determining factor for relationship of employee with principal employer.
2011 LLR 771
CALCUTTA HIGH COURT

 Reinstatement of contract labour, without finding that the contract was sham, to be set aside.
2011 LLR 771
CALCUTTA HIGH COURT

 Conveyance allowance will not attract ESI contribution.
2011 LLR 776
ANDHRA PRADESH HIGH COURT

 If a workman is called upon first to produce evidence, it will render the enquiry illegal.
2011 LLR 780
BOMBAY HIGH COURT