IMPORTANT JUDGEMENTS for July 2014

IMPORTANT JUDGEMENTS

 UP Industrial Disputes Act has no parallel to section 2(oo)(bb) of Central Act.
2014 LLR 673
SUPREME COURT OF INDIA

 Artificial breaks in service tantamount to ''unfair labour practice
2014 LLR 673
SUPREME COURT OF INDIA

 Central Industrial Disputes Act overrides U.P. Industrial Disputes Act.
2014 LLR 673
SUPREME COURT OF INDIA

 Termination after repeated artificial breaks is not protected by I.D. Act.
2014 LLR 673
SUPREME COURT OF INDIA

 Date of birth stated in Civil Court would prevail all other records.
2014 LLR 687
SUPREME COURT OF INDIA

 Territorial jurisdiction of reference can be challenged in the High Court.
2014 LLR 691
DELHI HIGH COURT

 Industrial Tribunal not to decide territorial jurisdiction in reference case
2014 LLR 691
DELHI HIGH COURT

 Rs.5 lakhs compensation is justified when workman did not comply with transfer order.
2014 LLR 696
DELHI HIGH COURT

 Plea of abandonment in absence of domestic enquiry is untenable.
2014 LLR 696
DELHI HIGH COURT

 Government can refer dispute of transferred employee, if not allowed to resume duty.
2014 LLR 696
DELHI HIGH COURT

 When Commissioner takes a different view, the High Court can interfere.
2014 LLR 701
DELHI HIGH COURT

 Compensation Commissioner holding cause of death stress and strain untenable when medical records state ''malaria''.
2014 LLR 701
DELHI HIGH COURT

 An employee employed even for one day is to be counted for coverage under Provident Fund Act.
2014 LLR 702
DELHI HIGH COURT

 Limitation of two years for filing accident claim starts from the date of accident.
2014 LLR 707
DELHI HIGH COURT

 Punishment disproportionate to misconduct is to be substituted by compensation.
2014 LLR 708
DELHI HIGH COURT

 EPF Appellate Tribunal can''t condone delay in filing appeal beyond 120 days.
2014 LLR 712
DELHI HIGH COURT

 Limitation Act not applicable in appeals before EPF Appellate Tribunal.
2014 LLR 712
DELHI HIGH COURT

 Construction activity cannot be treated as regular business.
2014 LLR 717
BOMBAY HIGH COURT

 A contractor is liable to pay accident compensation to the claimant.
2014 LLR 717
BOMBAY HIGH COURT

 Principal employer can be liable for accident compensation if contractor fails to pay.
2014 LLR 717
BOMBAY HIGH COURT

 Divorced wife cannot claim accident compensation.
2014 LLR 720
BOMBAY HIGH COURT

 Dispute regarding wages and other benefits cannot be resolved under section 33-C(2) of I.D. Act.
2014 LLR 722
ANDHRA PRADESH HIGH COURT

 Gratuity Act does not contemplate distinction among permanent, temporary or substitute employee.
2014 LLR 728
MADRAS HIGH COURT

 Apprentices not engaged under the Apprentices Act are entitled to gratuity.
2014 LLR 728
MADRAS HIGH COURT

 Gratuity Act over-rides all other enactments.
2014 LLR 728
MADRAS HIGH COURT

 Apprentices under the Apprentices Act are exempt by Gratuity Act.
2014 LLR 728
MADRAS HIGH COURT

 Death due to occupational stress of employee would entail compensation.
2014 LLR 729
MADRAS HIGH COURT

 Mental stress during employment to be considered as employment injury attracting compensation.
2014 LLR 729
MADRAS HIGH COURT

 Lesser pay is to aggravate the injury resulting heart attack for accident compensation.
2014 LLR 729
MADRAS HIGH COURT

 Death of a driver due to heart attack caused by stress will be an injury by accident.
2014 LLR 733
MADRAS HIGH COURT

 Labour Court is empowered to interfere with penalty imposed by employer. 
2014 LLR 735
MADRAS HIGH COURT

 High Court to interfere when there is perversity in the Award.
2014 LLR 735
MADRAS HIGH COURT

 Probationary services can be terminated without notice.
2014 LLR 737
PUNJAB AND HARYANA HIGH COURT

 Termination of a probationer is not retrenchment.
2014 LLR 737
PUNJAB AND HARYANA HIGH COURT

 Termination of a workman, appointed for a fixed-term, is not illegal
2014 LLR 738
PUNJAB AND HARYANA HIGH COURT

 Compensation in lieu of reinstatement is to be based on nature and length of service and ground of termination, etc.
2014 LLR 740
PUNJAB AND HARYANA HIGH COURT

 An industrial dispute can be raised any time
2014 LLR 743
PUNJAB AND HARYANA HIGH COURT

 Employee of licensed contractor cannot raise claim upon principal employer.
2014 LLR 747
PUNJAB AND HARYANA HIGH COURT

 High Court can interfere in an Award when it is illegal.
2014 LLR 747
PUNJAB AND HARYANA HIGH COURT

 A claim is to be quashed if employer-employee relationship is not proved.
2014 LLR 747
PUNJAB AND HARYANA HIGH COURT

 Only dependant, not the legal heir is entitled to the compensation.
2014 LLR 749
RAJASTHAN HIGH COURT

 Quantum of punishment not to be interfered after holding of enquiry as proper.
2014 LLR 751
RAJASTHAN HIGH COURT

 Non-issuance of tickets to passengers by conductor is a serious misconduct.
2014 LLR 751
RAJASTHAN HIGH COURT

 Award without any convincing or cogent reason is not sustainable.
2014 LLR 751
RAJASTHAN HIGH COURT

 Payment for medical expenses by principal employer would not establish employer-employee relationship.
2014 LLR 753
RAJASTHAN HIGH COURT

 Workman has to prove that the principal employer employed him.
2014 LLR 753
RAJASTHAN HIGH COURT

 Acting as Enquiry Officer and imposing punishment will violate natural justice.
2014 LLR 757
ORISSA HIGH COURT

 Non-supply of documents would vitiate enquiry.
2014 LLR 757
ORISSA HIGH COURT

 When enquiry is vitiated, workman would be entitled to reinstatement with back-wages.
2014 LLR 757
ORISSA HIGH COURT

 Apprehension of bias is a disqualification for an adjudicator
2014 LLR 762
MADHYA PRADESH HIGH COURT

 Disciplinary action, initiated with biased mind, is not tenable.
2014 LLR 764
CALCUTTA HIGH COURT

 Punishment is unsustainable when disciplinary proceedings are against natural justice.
2014 LLR 764
CALCUTTA HIGH COURT

 An ex-parte Award will not be set aside in absence of sufficient cause.
2014 LLR 769
CALCUTTA HIGH COURT

 While levying damages, EPF Authorities must consider severe financial constraints for delay in deposit of dues.
2014 LLR 771
KERALA HIGH COURT

 Default in deposit of provident fund dues to be condoned when not wilful.
2014 LLR 771
KERALA HIGH COURT