IMPORTANT JUDGEMENTS for August 2012

IMPORTANT JUDGEMENTS

 Tribunal can't re-appreciate findings in enquiry.
2012 LLR 785
DELHI HIGH COURT

 Minimum wages for shops & establishments would also apply to unscheduled employments.
2012 LLR 789
DELHI HIGH COURT

 No back-wages when reinstatement is on technical reason.
2012 LLR 791
DELHI HIGH COURT

 Section 25FFF of ID Act speaks about closure of business of '˜undertaking' and not entire industry.
2012 LLR 792
DELHI HIGH COURT

 In absence of functional integrality, different units would be independent.
2012 LLR 792
DELHI HIGH COURT

 Simultaneous payment of closure compensation is not a condition precedent.
2012 LLR 792
DELHI HIGH COURT

 Section 25FFA of ID Act not applicable if less than 50 workmen are employed.
2012 LLR 792
DELHI HIGH COURT

 An institution imparting religious education is an '˜industry'.
2012 LLR 796
ALLAHABAD HIGH COURT

 After 30 days of publication of an Award, the Labour Court becomes functus officio.
2012 LLR 798
ALLAHABAD HIGH COURT

 Undetermined amount can't be claimed under section 33-C (2) of I.D. Act
2012 LLR 798
ALLAHABAD HIGH COURT

 Only pre-existing benefit or flowing from a pre-existing right can be claimed under section 33-C(2 ) of the ID Act.
2012 LLR 799
ALLAHABAD HIGH COURT

 An enquiry will be vitiated when delinquent is denied reasonable opportunity.
2012 LLR 801
GUJARAT HIGH COURT

 Back-wages, if awarded mechanically, is to be set aside.
2012 LLR 805
GUJARAT HIGH COURT

 Territorial jurisdiction of Insurance Court is restricted to where insured workman was working.
2012 LLR 807
GUJARAT HIGH COURT

 On employer's failure to submit records, provident fund dues to be determined on available material.
2012 LLR 809
GUJARAT HIGH COURT

 No back-wages when workman fails to establish his unemployment.
2012 LLR 811
GUJARAT HIGH COURT

 An accountant, assigned for realization of amounts from other companies, is a '˜workman'.
2012 LLR 813
JHARKHAND HIGH COURT

 Dismissal for taking bribe not harsh.
2012 LLR 814
JHARKHAND HIGH COURT

 Compensation payable when deceased, after washing vehicle at river, went for a dip and drowned.
2012 LLR 815
KERALA HIGH COURT

 Generation, distribution of power and electric lines come within '˜building and other construction work' under BOCW Act.
2012 LLR 817
MADHYA PRADESH HIGH COURT

 For determining '˜workman', it is immaterial whether he is full-time, part-time, casual or contractual.
2012 LLR 820
MADRAS HIGH COURT

 Non-compliance of section 25-F of the ID Act would result in reinstatement of workman.
2012 LLR 824
MADRAS HIGH COURT

 For proving that workman was engaged through contractor, there must be a valid agreement.
2012 LLR 824
MADRAS HIGH COURT

 240 days continuous service insignificant when the termination is for misconduct.
2012 LLR 830
PUNJAB AND HARYANA HIGH COURT

 Reinstatement with back-wages to daily wager appropriate when section 25F of ID Act not complied.
2012 LLR 833
PUNJAB AND HARYANA HIGH COURT

 Order under section 7A of EPF Act is to be set aside when no witness is examined.
2012 LLR 835
CALCUTTA HIGH COURT

 Non-supply of report of Enforcement Officer will vitiate order under section 7A of Provident Fund Act.
2012 LLR 835
CALCUTTA HIGH COURT

 Limitation for filing gratuity appeal is to be counted from receipt of order.
2012 LLR 838
KARNATAKA HIGH COURT

 Controlling Authority has to notify the parties before passing the order under Gratuity Act.
2012 LLR 838
KARNATAKA HIGH COURT

 Demand of ESI contributions not tenable in absence of identification of employees and their wages.
2012 LLR 842
PATNA HIGH COURT

 Appeal against Insurance Court only when substantial question of law is involved.
2012 LLR 842
PATNA HIGH COURT

 Objection of jurisdiction, if not taken before the Labour Court, can't be allowed in writ appeal.
2012 LLR 844
RAJASTHAN HIGH COURT

 Dismissal quashed in the absence of second show cause notice.
2012 LLR 846
UTTARAKHAND HIGH COURT

 Awarding of back-wages with reinstatement not justified, when charges are serious and proved.
2012 LLR 846
UTTARAKHAND HIGH COURT

 Validity of enquiry to be decided as preliminary issue.
2012 LLR 849
ORISSA HIGH COURT

 Depriving representation by co-employee will vitiate enquiry when employer is represented by an expert.
2012 LLR 854
KARNATAKA HIGH COURT

 Proper opportunity to be given when, despite admission of charges, employer chooses to initiate enquiry.
2012 LLR 854
KARNATAKA HIGH COURT

 Reinstatement appropriate when enquiry is vitiated.
2012 LLR 854
KARNATAKA HIGH COURT

 Evidence/proof of transactions of corruption is rarely direct.
2012 LLR 861
DELHI HIGH COURT

 Proof of employment is necessary for back-wages.
2012 LLR 866
MADRAS HIGH COURT

 Validity of enquiry shall be decided as preliminary issue.
2012 LLR 866
MADRAS HIGH COURT

 Holding workman guilty without reference to any document or evidence is unfair.
2012 LLR 866
MADRAS HIGH COURT

 An objection, not raised before the Labour Court, cannot be taken in High Court.
2012 LLR 866
MADRAS HIGH COURT

 Whether petitioner is a '˜workman' or not is to be resolved by Labour Court.
2012 LLR 866
MADRAS HIGH COURT

 Higher Court to quash an Award when the Tribunal committed any error of law.
2012 LLR 872
MADRAS HIGH COURT

 Relationship of employer and employee, when disputed, is for workman to establish by evidence.
2012 LLR 878
ALLAHABAD HIGH COURT

 When procedure prescribed for termination not followed, workman would be reinstated.
2012 LLR 878
ALLAHABAD HIGH COURT

 Compensation rightly awarded when the employee was murdered by striking workers.
2012 LLR 886
CHHATTISGARH HIGH COURT