IMPORTANT JUDGEMENTS for July 2015

IMPORTANT JUDGEMENTS

 Non supply of list of documents and witnesses would vitiate enquiry.
2015 LLR 673
SUPREME COURT OF INDIA

 Financial problems not relevant for waiver of damages for delayed payment of EPF dues.
2015 LLR 675
DELHI HIGH COURT

 No limitation for claiming damages for delayed payment for EPF contributions.
2015 LLR 675
DELHI HIGH COURT

 A trainee would not be a ''workman'' under Industrial Disputes Act.
2015 LLR 682
DELHI HIGH COURT

 Absenteeism proved when workman stated that he could not go to factory.
2015 LLR 682
DELHI HIGH COURT

 Dismissal of bank employee not proper merely because he stood guarantor for sanction of small loan.
2015 LLR 687
DELHI HIGH COURT

 An ex-parte award liable to be set aside when summons are not served upon management.
2015 LLR 691
DELHI HIGH COURT

 Right to regularisation of contract workers only when the contract is sham
2015 LLR 693
DELHI HIGH COURT

 Levy of damages under provident fund are aimed to act as deterrent.
2015 LLR 697
DELHI HIGH COURT

 No appeal lies in the EPF Tribunal against levy of interest for delayed payment of provident fund dues.
2015 LLR 697
DELHI HIGH COURT

 A circular can act as an aid but cannot override the statute.
2015 LLR 697
DELHI HIGH COURT

 Blemish past record, would have sufficient force to justify punishment.
2015 LLR 705
DELHI HIGH COURT

 Non-examination of complainants in an enquiry not to be fatal.
2015 LLR 705
DELHI HIGH COURT

 Strict rules are not applicable in departmental enquiries.
2015 LLR 705
DELHI HIGH COURT

 Unauthorised entries on withdrawal of money from accounts of customers by bank employee are serious misconducts.
2015 LLR 705
DELHI HIGH COURT

 An employee to continue in employment till (s)he is fit when no retirement age is prescribed.
2015 LLR 708
BOMBAY HIGH COURT

 ESI Act not applicable unless there are 10 workers in a factory.
2015 LLR 714
GAUHATI HIGH COURT

 No violation of EPF&MP Act when some employees'' contribution is in excess and for others restricted to wages ceiling.
2015 LLR 716
JHARKHAND HIGH COURT

 Dismissal for unauthorised absence for 78 days of a workman with 20 year service is not justified.
2015 LLR 718
MADRAS HIGH COURT

 Both interest and damages to be paid when employer not disputed for delayed deposit of EPF contribution.
2015 LLR 719
ORISSA HIGH COURT

 Abandonment of an employee due of absenteeism can''t be presumed in the absence of enquiry.
2015 LLR 725
PUNJAB AND HARYANA HIGH COURT

 Reinstatement with back wages justified on termination of unauthorised absence without conducting enquiry.
2015 LLR 725
PUNJAB AND HARYANA HIGH COURT

 No employer-employee relationship between principal employer and workers of licenced contactor holding EPF code number.
2015 LLR 726
PUNJAB AND HARYANA HIGH COURT

 Merely on self-servicing/depositing of a person would not create employer-employee relationship.
2015 LLR 726
PUNJAB AND HARYANA HIGH COURT

 A third party is not liable to pay EPF contribution dues in respect of drivers of the transporter(s).
2015 LLR 727
PUNJAB AND HARYANA HIGH COURT

 Abandonment rightly presumed for unauthorised absence and on failure to participate in the enquiry. 
2015 LLR 731
PUNJAB AND HARYANA HIGH COURT

 No relief by the Labour Court to an unauthroised absentee failing to respond show cause notice or participating in the enquiry.
2015 LLR 731
PUNJAB AND HARYANA HIGH COURT

 A trainee would not be a ''workman'' under Industrial Disputes Act.
2015 LLR 733
BOMBAY HIGH COURT

 Declining to refer dispute of a trainee not improper.
2015 LLR 733
BOMBAY HIGH COURT

 Automatic termination of fix period of service not to be treated illegal.
2015 LLR 738
DELHI HIGH COURT

 While granting approval the Labour Court has limited jurisdiction whether enquiry is proper or not.
2015 LLR 741
DELHI HIGH COURT

 Issue of espousal must be decided at first Instance.
2015 LLR 747
DELHI HIGH COURT

 Disputing VRS must be supported by substantial number of workmen.
2015 LLR 747
DELHI HIGH COURT

 Sub-section 4 of section 36 of the Industrial Disputes Act, 1947 could be considered as a restrictive right.
2015 LLR 752
KERALA HIGH COURT

 Trainees from Educational Institutions not under Apprentices Act would be treated as ''employees'' under ESI Act.
2015 LLR 759
KERALA HIGH COURT

 Issuance of used tickets is a grave misconduct.
2015 LLR 761
PUNJAB AND HARYANA HIGH COURT

 Issuance of used tickets is a grave misconduct by a bus conductor deserving no leniency.
2015 LLR 761
PUNJAB AND HARYANA HIGH COURT

 Dismissal not proper for 8 days of absenteeism when enquiry is not fair.
2015 LLR 766
MADRAS HIGH COURT

 New grounds raised in writ appeal are not permissible.
2015 LLR 766
MADRAS HIGH COURT

 Delay in raising industrial dispute is not fatal.
2015 LLR 767
HIMACHAL PRADESH HIGH COURT

 Illegal termination would attract relief of reinstatement with back-wages.
2015 LLR 770
GUJARAT HIGH COURT

 Reduction of damages to 5% in the absence of wilful default is right.
2015 LLR 772
KARNATAKA HIGH COURT

 Damages for delayed payment of EPF contribution is to be waived for a declared sick company.
2015 LLR 773
KARNATAKA HIGH COURT

 Non-payment of retrenchment compensation would render the termination illegal.
2015 LLR 775
PUNJAB AND HARYANA HIGH COURT

 Non-payment of retrenchment compensation would render the termination illegal.
2015 LLR 778
DELHI HIGH COURT