IMPORTANT JUDGEMENTS for July 2016

IMPORTANT JUDGEMENTS

 List of employees signed by engineer sufficient evidence to prove the number for coverage of establishment under provident fund.
2016 LLR 771
ORISSA HIGH COURT

 Employer giving canteen premises to third party can't be accountable for its provident fund dues.
2016 LLR 765
KERALA HIGH COURT

 Contractor's employees can't claim benefits of regular employees.
2016 LLR 757
CALCUTTA HIGH COURT

 No fault can be found in enquiry when delinquent admitted charges.
2016 LLR 754
BOMBAY HIGH COURT

 'Employer-employee' relationship not established when the person so claiming fails to call for employer's record.
2016 LLR 752
PUNJAB AND HARYANA HIGH COURT

 A time barred complaint under Minimum Wages Act is to be rejected.
2016 LLR 751
KARNATAKA HIGH COURT

 Dependent of a loader, dies of chest pain going towards lorry, will get accident compensation.
2016 LLR 750
KARNATAKA HIGH COURT

 Delay of two years without explanation is fatal for admission of writ petition.
2016 LLR 746
KARNATAKA HIGH COURT

 Dismissal sans enquiry not legal if delinquent is acquitted in criminal case.
2016 LLR 744
PUNJAB AND HARYANA HIGH COURT

 Receipt of letter can't be presumed when posted at incomplete address.
2016 LLR 743
PUNJAB AND HARYANA HIGH COURT

 Non-compliance of section 25F of ID Act will render the termination illegal.
2016 LLR 741
PUNJAB AND HARYANA HIGH COURT

 Auction purchaser can't be held liable for EPF dues payable by seller.
2016 LLR 738
MADRAS HIGH COURT

 Protection of section 2(oo)(bb) of the ID Act is available only for fixed-term employee, that too, for a short period.
2016 LLR 736
MADRAS HIGH COURT

 Presiding Officer of ICC under the law has to be a senior rank woman. and Enquiry under section 13 of Sexual Harassment (PPR) Act is full-fledged finding of facts.
2016 LLR 732
KERALA HIGH COURT

 Transfer will be mala fide and illegal in absence of rebuttal by employer.
2016 LLR 724
ALLAHABAD HIGH COURT

 Dismissal is appropriate for an employee guilty of misappropriation. And Dismissal of conductor justified for issuing ticket of lower amount as received All.
2016 LLR 719
ALLAHABAD HIGH COURT

 Misappropriation by bank employee from customers' account justifies dismissal. and Interference by the Court in enquiry proceedings is not appropriate. And Dismissal not to be quashed for non-payment of subsistence allowance.
2016 LLR 730
KERALA HIGH COURT

 Complaint to be quashed if stolen property did not belong to complainant. and Non supply of relevant documents would vitiate the enquiry.
2016 LLR 715
ALLAHABAD HIGH COURT

 No relief to a daily wager with less than 240 days' service.
2016 LLR 713
HIMACHAL PRADESH HIGH COURT

 Accident compensation can't be denied on not filing of FIR.
2016 LLR 712
GUJARAT HIGH COURT

  Abusing the superior would justify dismissal from service. and Labour Court has to be cautions on modifying the punishment.
2016 LLR 708
GUJARAT HIGH COURT

 Denial of cross-examination amounts to violation of natural justice. and High Court to interfere in an order if violative of principles of natural justice.
2016 LLR 700
BOMBAY HIGH COURT

 Transfer, not illegal when in accordance with service conditions. and Complaint under section 33A of ID Act, by union without authorization, to be set aside. And Transfer does not amount to change in conditions of service. and Transfer order is not illegal if it is purely an administrative one.
2016 LLR 695
BOMBAY HIGH COURT

 High Court in writ jurisdiction will quash the charge-sheet.
2016 LLR 694
BOMBAY HIGH COURT

 Causing physical assault and abusing superior officer amounts to 'moral turpitude'.
2016 LLR 687
DELHI HIGH COURT

 Reinstatement with back-wages appropriate when approval for termination is not obtained during pendency of dispute. and Non-issue of tickets after receiving the fare justifies dismissal from service. and An enquiry not to be vitiated merely non examination of Enquiry Officer.
2016 LLR 683
DELHI HIGH COURT

 Misappropriation by an employee justifies his dismissal. And Mere acquittal does not lead to effacement of the findings of enquiry.
2016 LLR 678
DELHI HIGH COURT

 Supreme Court can pass any order for achieving justice.
2016 LLR 677
SUPREME COURT OF INDIA