IMPORTANT JUDGEMENTS for August 2011

IMPORTANT JUDGEMENTS

 Ex-parte proceedings under Payment of Wages Act can be set aside within 30 days
2011 LLR 791
DELHI HIGH COURT

 An ex-parte Award cannot be set aside after 30 days of its publication.
2011 LLR 792
DELHI HIGH COURT

 Compensation is appropriate when the workman has worked only for 3 years.
2011 LLR 794
PUNJAB AND HARYANA HIGH COURT

 Employees'' Provident Funds Act will be applicable on establishment employing 23 employees.
2011 LLR 807
PATNA HIGH COURT

 Interpretation of statute should tilt in favour of whom it is enacted.
2011 LLR 807
PATNA HIGH COURT

 Many factors to be considered for grant of back wages on reinstatement.
2011 LLR 811
GUJARAT HIGH COURT

 Back-wages on reinstatement are discretionary.
2011 LLR 811
GUJARAT HIGH COURT

 Contract Labour (R&A) Act not applicable upon National Physical Laboratory not being an industry.
2011 LLR 813
GUJARAT HIGH COURT

 Reduction in wages, without notice will not be proper.
2011 LLR 818
PUNJAB AND HARYANA HIGH COURT

 Back-wages on reinstatement are not automatic.
2011 LLR 820
PUNJAB AND HARYANA HIGH COURT

 Division Bench will not interfere with the order of reinstatement.
2011 LLR 820
PUNJAB AND HARYANA HIGH COURT

 Dismissal for retaining key of the power house will be too harsh.
2011 LLR 822
BOMBAY HIGH COURT

 A person has to produce appointment letter or other supporting documents to prove to be an employee.
2011 LLR 824
DELHI HIGH COURT

 Every employer has to pay wages in conformity with the minimum wages.
2011 LLR 827
DELHI HIGH COURT

 Minimum wages are guaranteed irrespective of paying capacity of the employer.
2011 LLR 827
DELHI HIGH COURT

 A Government body can''t contend its inability to pay minimum wages.
2011 LLR 827
DELHI HIGH COURT

 Reinstatement is not automatic for non-compliance of section 25-F of the I.D. Act.
2011 LLR 830
PATNA HIGH COURT

 An employee unauthorisedly retaining employer''s accommodation can''t have gratuity.
2011 LLR 834
ALLAHABAD HIGH COURT

 Gratuity is a valuable right of an employee under the Payment of Gratuity Act.
2011 LLR 834
ALLAHABAD HIGH COURT

 Transfer of a Technician in the same category not illegal.
2011 LLR 834
MADRAS HIGH COURT

 Ex-parte proceedings under Payment of Wages Act can be set aside within 30 days
2011 LLR 841
PUNJAB AND HARYANA HIGH COURT

 Construction of residential house will be covered by Payment of Wages Act.
2011 LLR 841
PUNJAB AND HARYANA HIGH COURT

 Labour Court will not interfere in stoppage of increments.
2011 LLR 844
KARNATAKA HIGH COURT

 Striking off name is proper if the workman was habitually absenting.
2011 LLR 846
JHARKHAND HIGH COURT

 Reinstatement is erroneous when workman''s service was terminated for habitual absence.
2011 LLR 847
JHARKHAND HIGH COURT

 An aggrieved party under B&OCW Cess Act can file appeal, not writ in High Court.
2011 LLR 849
ALLAHABAD HIGH COURT

 Ex-parte order by PF Commissioner, without hearing, is not proper. 
2011 LLR 851
BOMBAY HIGH COURT

 Removal of bank employee is proper when found guilty of financial irregularities.
2011 LLR 857
SUPREME COURT OF INDIA

 Government can''t adjudicate but only refer a dispute.
2011 LLR 859
PUNJAB AND HARYANA HIGH COURT

 Setting of establishment by purchasing machines only will be the new one for provident fund purpose.
2011 LLR 863
MADRAS HIGH COURT

 Conveyance and special allowance to attract provident fund contributions.
2011 LLR 867
MADHYA PRADESH HIGH COURT

 Insurer will not be liable to pay compensation on death of auto rickshaw driver not having driving licence.
2011 LLR 872
ANDHRA PRADESH HIGH COURT

 Conveyance, Education, Medical, City Compensatory and Special Allowances, Food Concessions, Special Holidays, Night Shift Incentive will attract provident fund contributions.
2011 LLR 876
MADRAS HIGH COURT

 In writ jurisdiction, the High Court will not set aside/alter the findings of the EPF Appellate Tribunal.
2011 LLR 876
MADRAS HIGH COURT