IMPORTANT JUDGEMENTS for July 2012

IMPORTANT JUDGEMENTS

 No demonstration by union/workers within 100 metres of the establishment.
2012 LLR 673
DELHI HIGH COURT

 Workers can''t shout abusive slogans.
2012 LLR 673
DELHI HIGH COURT

 A casual employee will also be a ''workman''.
2012 LLR 675
DELHI HIGH COURT

 Enquiry will be vitiated when adjournment sought with wife''s medical certificate and not granted.
2012 LLR 681
DELHI HIGH COURT

 Unreasonable delay has no rational in referring a dispute.
2012 LLR 683
DELHI HIGH COURT

 Termination, in violation of section 25-F of I.D. Act, is illegal.
2012 LLR 686
DELHI HIGH COURT

 Compensation, instead of reinstatement, would subserve the ends of justice.
2012 LLR 686
DELHI HIGH COURT

 Removal of a workman, without ''approval'', is not valid.
2012 LLR 690
RAJASTHAN HIGH COURT

 Mere coverage under Provident Fund & Bonus Acts, of trainees, will not make them regular employees.
2012 LLR 690
GUJARAT HIGH COURT

 Reinstatement is to be set aside when employer was ready to take the absentee on production of medical certificate.
2012 LLR 692
KERALA HIGH COURT

 No accident compensation in the absence of ''employer-employee'' relationship.
2012 LLR 696
MADRAS HIGH COURT

 Controlling Authority under Gratuity Act can''t enforce settlement between employer and employee.
2012 LLR 699
MADRAS HIGH COURT

 Controlling Authority can decide only claims specified under the Gratuity Act.
2012 LLR 699
MADRAS HIGH COURT

 Exempted establishments are not liable to pay EPF contributions for contractors having code numbers.
2012 LLR 702
MADRAS HIGH COURT

 For levying damages under section 14-B of the EPF&MP Act, there must be a mens rea.
2012 LLR 704
MADRAS HIGH COURT

 Validity of enquiry must be decided as preliminary issue.
2012 LLR 709
ALLAHABAD HIGH COURT

 Unexplained delay of six years, in raising a dispute, would disentitle any relief.
2012 LLR 713
DELHI HIGH COURT

 Writ of Certiorari to be issued for correcting errors of jurisdiction.
2012 LLR 713
DELHI HIGH COURT

 Compensation, instead of reinstatement, would subserve the ends of justice.
2012 LLR 718
DELHI HIGH COURT

 No mechanical reinstatement even when termination is illegal.
2012 LLR 718
DELHI HIGH COURT

 No bias can be inferred if an Advocate, as an Enquiry Officer, was paid by the Company.
2012 LLR 732
BOMBAY HIGH COURT

 Acquittal from criminal case will limit the scope and findings of enquiry.
2012 LLR 732
BOMBAY HIGH COURT

 Leave is to be earned by an employee while working.
2012 LLR 733
PUNJAB AND HARYANA HIGH COURT

 Last drawn wages under S.17-B of I.D. Act are not returnable even if employer succeeds.
2012 LLR 736
DELHI HIGH COURT

 Admission in cross-examination can certainly be used against the Management.
2012 LLR 738
DELHI HIGH COURT

 Striking of names of the absentees sans enquiry is not legal.
2012 LLR 738
DELHI HIGH COURT

 Trainee is not "employee" under Provident Fund Act.
2012 LLR 742
ALLAHABAD HIGH COURT

 Disciplinary proceedings would be vitiated due to absence of complainant, the vital witness.
2012 LLR 743
CALCUTTA HIGH COURT

 Disciplinary Authority has to deal with the objections as raised.
2012 LLR 743
CALCUTTA HIGH COURT

 Prosecution justified when the factory, employing 170 females, has no crèche.
2012 LLR 751
JHARKHAND HIGH COURT

 Occupier and manager of factory shall be liable for violation of Factories Act.
2012 LLR 751
JHARKHAND HIGH COURT

 When petitioner took over Management after commission of offence, prosecution under Factories Act to be quashed.
2012 LLR 754
JHARKHAND HIGH COURT

 Younger brother of deceased cannot claim compensation under the Act.
2012 LLR 755
MADHYA PRADESH HIGH COURT

 "Permanent total disablement" entitles pension to the member under Employees'' Pension Scheme.
2012 LLR 757
ORISSA HIGH COURT

 Compliance of S.25F of I.D. Act is mandatory on termination of workman having worked for 240 days.
2012 LLR 759
GUJARAT HIGH COURT

 Findings of the Insurance Court are not to be interfered with.
2012 LLR 763
MADRAS HIGH COURT

 Punishment to driver for unproved charges is not legal.
2012 LLR 768
GUJARAT HIGH COURT

 Reinstatement can''t be stalled on the pretext that the reference of dispute was belated.
2012 LLR 770
HIMACHAL PRADESH HIGH COURT

 Insurer can''t escape liability from compensation when accident resulted into death of an employee on thresher attached to the tractor.
2012 LLR 771
RAJASTHAN HIGH COURT

 A stale dispute should not be referred unless supported with reason for condonation.
2012 LLR 773
ALLAHABAD HIGH COURT

 Compensation deposit certificate is must for filing appeal in High Court.
2012 LLR 774
KERALA HIGH COURT

 Exemption of establishment from provident fund will not exclude workers of contractors.
2012 LLR 777
PATNA HIGH COURT

 Proceedings under S.7-A of the Act are of quasi judicial nature.
2012 LLR 779
PATNA HIGH COURT

 No EPF contribution of such employees payable when enquiry report does not mention their names.
2012 LLR 779
PATNA HIGH COURT

 No forfeiture of gratuity on pendency of criminal trial.
2012 LLR 782
ALLAHABAD HIGH COURT