IMPORTANT JUDGEMENTS for August 2010

IMPORTANT JUDGEMENTS

 While challenging the award of reinstatement, minimum wages payable if last drawn are less.
2010 LLR 785
DELHI HIGH COURT

 Reinstatement, when challenged, will entitle the workman for last drawn wages from the date of Award.
2010 LLR 785
DELHI HIGH COURT

 LTC under section 33-C (2) of I.D. Act can''t be claimed.
2010 LLR 791
BOMBAY HIGH COURT

 Gratuity can''t be withheld merely because enquiry is to be initiated against the employee.
2010 LLR 792
BOMBAY HIGH COURT

 An enquiry cannot be continued after retirement in the absence of Rules/Standing Orders.
2010 LLR 792
BOMBAY HIGH COURT

 Under section 33-C (2) of I.D. Act, Labour Court is not empowered to allow interest.
2010 LLR 795
BOMBAY HIGH COURT

 A decision of Provident Funds Authority can be challenged in appeal not writ.
2010 LLR 795
BOMBAY HIGH COURT

 VRS optee, after receiving the payment, will not be entitled to benefits of the new VRS.
2010 LLR 798
CHHATTISGARH HIGH COURT

 An embargo of section 53 of ESI Act will not apply for claim under MV Act.
2010 LLR 800
KARNATAKA HIGH COURT

 Modification of certified Standing Orders can be sought by Management or by the employees.
2010 LLR 801
KERALA HIGH COURT

 58 years, as retirement age, is generally followed by public and private sector industries.
2010 LLR 801
KERALA HIGH COURT

 Labour Court not to condone delay since the Limitation Act is not applicable.
2010 LLR 807
KERALA HIGH COURT

 Chartered Accountants are not to be covered by ESI Act.
2010 LLR 809
MADRAS HIGH COURT

 Last drawn wages will be from the date of filing of unemployment affidavit.
2010 LLR 813
MADRAS HIGH COURT

 Insurer can''t be absolved from payment of interest on the delayed payment of accident compensation.
2010 LLR 814
PUNJAB AND HARYANA HIGH COURT

 Abandonment is rightly presumed when absentee employee has failed to respond to notice.
2010 LLR 817
PUNJAB AND HARYANA HIGH COURT

 Acquittal of employer will not be set aside when provident funds contributions have been paid.
2010 LLR 819
RAJASTHAN HIGH COURT

 Validity of enquiry to be decided as preliminary issue by Labour Court .
2010 LLR 820
MADRAS HIGH COURT

 A draftsman, working under supervision of HoD, will be a workman.
2010 LLR 824
DELHI HIGH COURT

 Denial of representation in enquiry by an Advocate to a workman not justified when Management representative and Enquiry Officer were legally trained.
2010 LLR 827
BOMBAY HIGH COURT

 Provision for Standing Orders, debarring representation by outsider, cannot be absolute.
2010 LLR 827
BOMBAY HIGH COURT

 Bombay office employing 13/16 employees seeking to be clubbed with Madras Office for coverage under ESI Act is not legal.
2010 LLR 836
BOMBAY HIGH COURT

 Payment of ex-gratia made to claimant not to be adjusted in amount of accident compensation.
2010 LLR 839
GUJARAT HIGH COURT

 Object of direct payment of accident compensation to the legal heirs is to avoid exploitation.
2010 LLR 839
GUJARAT HIGH COURT

 Mother of the deceased, on re-marriage, will not be deemed to be dependent on son for claiming compensation.
2010 LLR 845
KARNATAKA HIGH COURT

 Employee''s Insurance Court has rightly waived damages in the absence of mens rea
2010 LLR 846
KERALA HIGH COURT

 Reinstatement is not a rule when retrenchment compensation is not paid on termination.
2010 LLR 847
MADHYA PRADESH HIGH COURT

 Back-wages will not be awarded merely for non-compliance of section 25 F of I.D. Act.
2010 LLR 847
MADHYA PRADESH HIGH COURT

 An enquiry is rightly proceeded ex-parte when employee failed to produce evidence.
2010 LLR 850
MADHYA PRADESH HIGH COURT

 High Court will not interfere with coverage of establishment as upheld by EPF Tribunal.
2010 LLR 851
DELHI HIGH COURT

 Reinstatement of illegally appointed workman is to be set aside.
2010 LLR 854
DELHI HIGH COURT

 Dismissal of watchman, in unauthorised possession of one oil tin, not to be interfered.
2010 LLR 859
BOMBAY HIGH COURT

 ESI Act to apply on an establishment using gas lighter for melting/joining gold.
2010 LLR 863
BOMBAY HIGH COURT

 67% disability of a driver is rightly assessed as cent per cent loss of earning capacity by Compensation Commissioner.
2010 LLR 867
KARNATAKA HIGH COURT

 Gratuity of an employee can''t be forfeited merely because a criminal case is pending.
2010 LLR 869
GUJARAT HIGH COURT

 Reinstatement is to be set aside when workman has worked only for 145 days.
2010 LLR 875
MADRAS HIGH COURT

 Introducing computerised time attendance system will not be a change in service conditions.
2010 LLR 878
MADRAS HIGH COURT

 Dismissal of workman for his participation in stoppage of work will not be disproportionate.
2010 LLR 881
KARNATAKA HIGH COURT

 Trainees, engaged under Standing Orders are excluded from coverage by Provident Funds Act.
2010 LLR 882
ALLAHABAD HIGH COURT

 Commissioner under Workmen'' Compensation Act is vested with the powers of civil court.
2010 LLR 883
MADRAS HIGH COURT

 Waiver of damages for delayed payment of provident fund contributions for ''industrial companies''.
2010 LLR 884
MADRAS HIGH COURT

 An enquiry is vitiated when delinquent is not communicated with time, date and venue.
2010 LLR 887
ALLAHABAD HIGH COURT

 Interest will be payable on delayed gratuity even when not claimed by employee.
2010 LLR 887
ALLAHABAD HIGH COURT

 Excess amount, as paid, cannot be recovered under I.D. Act.
2010 LLR 889
PUNJAB AND HARYANA HIGH COURT

 School in Delhi is not required to seek approval of Director of Education for removal of an employee.
2010 LLR 891
SUPREME COURT OF INDIA

 Removal from service for overstaying of leave will be against doctrine of proportionality.
2010 LLR 891
SUPREME COURT OF INDIA

 Reversion of an employee, provisionally promoted, not to be interfered.
2010 LLR 892
DELHI HIGH COURT

 While imposing penalty for delayed payment of accident compensation, opportunity must be given to defaulter.
2010 LLR 892
PUNJAB AND HARYANA HIGH COURT

 Daily wagers cannot claim regular pay scales as a matter of right.
2010 LLR 893
SUPREME COURT OF INDIA

 High Court will exercise limited powers in findings as upheld by EPF Appellate Authority.
2010 LLR 893
DELHI HIGH COURT

 Earned/privilege leave is intended for rest and recuperation and is available only after working.
2010 LLR 893
DELHI HIGH COURT

 Coverage of establishment under Provident Fund Act is proper when petitioner fails to rebut not engaged in a particular activity.
2010 LLR 893
DELHI HIGH COURT

 An employee, under suspension, will not be entitled to earned leave.
2010 LLR 893
DELHI HIGH COURT

 Transfer of a daily-wager will not be justified since his appointment is on day-to-day basis.
2010 LLR 894
MADHYA PRADESH HIGH COURT

 Transfer is normally an incident of service and consent of employee is not required.
2010 LLR 894
MADHYA PRADESH HIGH COURT

 Labour Court is empowered, by section 11-A of the I.D. Act, to modify the punishment of dismissal.
2010 LLR 894
GUJARAT HIGH COURT

 Service of driver was rightly restored since no medical certificate was produced by employer that he had consumed liquor.
2010 LLR 894
GUJARAT HIGH COURT

 240 days working, when not rebutted, will justify reinstatement of workman.
2010 LLR 895
GUJARAT HIGH COURT

 Nursing allowance will be available to nurses working not only in the hospitals but also in dispensaries.
2010 LLR 896
DELHI HIGH COURT

 Stipulation for deposit of awarded amount for filing appeal under WC Act is not ultra vires .
2010 LLR 896
MADHYA PRADESH HIGH COURT