IMPORTANT JUDGEMENTS for August 2013

IMPORTANT JUDGEMENTS

 VRS benefit cannot be claimed as of right.
2013 LLR 785
SUPREME COURT OF INDIA

 VRS aims at weeding out the deadwood.
2013 LLR 785
SUPREME COURT OF INDIA

 Approval is not necessary for dismissal of workman with less than 240 days service
2013 LLR 787
SUPREME COURT OF INDIA

 An employee is not entitled to back-wages for the contingent period.
2013 LLR 793
DELHI HIGH COURT

 Principal employer is liable to pay accident compensation.
2013 LLR 799
BOMBAY HIGH COURT

 A plea not taken at first instance will not be permitted at belated stage.
2013 LLR 800
GUJARAT HIGH COURT

 Scope of writ is restricted on factual finding.
2013 LLR 800
GUJARAT HIGH COURT

 Travelling allowance included for calculation of gratuity
2013 LLR 803
GUJARAT HIGH COURT

 Lump sum compensation, in lieu of reinstatement, not debars right to gratuity.
2013 LLR 803
GUJARAT HIGH COURT

 Delayed payment of gratuity will attract interest.
2013 LLR 803
GUJARAT HIGH COURT

 Employer''s share to EPF contribution can be reduced to Rs.6,500.
2013 LLR 806
GUJARAT HIGH COURT

 Section 9A of I D Act, 1947 not warrants reduction of employer''s share of provident fund to Rs.6500.
2013 LLR 806
GUJARAT HIGH COURT

 Gratuity Act, 1972 is not restricted to only commercial establishments.
2013 LLR 810
ORISSA HIGH COURT

 Employers'' rules can''t be for lesser gratuity than in the Act.
2013 LLR 810
ORISSA HIGH COURT

 Statutory entitlements cannot be curtailed by framing Rules.
2013 LLR 810
ORISSA HIGH COURT

 Scarcity of fund not justify for paying gratuity.
2013 LLR 817
GAUHATI HIGH COURT

 Delayed payment of gratuity will attract interest.
2013 LLR 817
GAUHATI HIGH COURT

 Adjudicator is empowered with ancillary or incidental matters.
2013 LLR 819
KARNATAKA HIGH COURT

 Judicial Authorities should be sympathetic when litigants appear in person.
2013 LLR 819
KARNATAKA HIGH COURT

 Labour Court should decide all the points together.
2013 LLR 820
ALLAHABAD HIGH COURT

 Tribunal justified in rejecting to decide preliminary issue.
2013 LLR 820
ALLAHABAD HIGH COURT

 Registrar of Trade Unions can cancel the registration of a union.
2013 LLR 823
ALLAHABAD HIGH COURT

 Difference of pay to workers can be granted under section 33-C (i) of the ID Act.
2013 LLR 826
CHHATTISGARH HIGH COURT

 Insurance Company, receiving premium for a package policy, cannot escape liability of a loader.
2013 LLR 832
KARNATAKA HIGH COURT

 Financial crunch will justify reduction of damages for delayed deposit of EPF dues.
2013 LLR 833
KERALA HIGH COURT

 Damage for delayed deposit of provident fund dues is not mandatory.
2013 LLR 833
KERALA HIGH COURT

 Damages depend upon discretion of officer by reasoned order.
2013 LLR 833
KERALA HIGH COURT

 Even after completing 240 days service, a probationer has no right of permanency.
2013 LLR 839
DELHI HIGH COURT

 Even if a worker has worked beyond period of probation, it would not justify confirmation.
2013 LLR 839
DELHI HIGH COURT

 Termination of probationary services before confirmation would not amount to retrenchment.
2013 LLR 839
DELHI HIGH COURT

 Probationary services can be terminated before or after expiry of initial or extended period.
2013 LLR 839
DELHI HIGH COURT

 Unless confirmed in writing, a probationer continues to be on probation.
2013 LLR 839
DELHI HIGH COURT

 Dismissal of bank employee will not be modified under section 11A of ID Act.
2013 LLR 843
MADRAS HIGH COURT

 When a bank employee loses confidence, his dismissal cannot be set aside.
2013 LLR 843
MADRAS HIGH COURT

 Standard of evidence in criminal trial and the enquiries is entirely different.
2013 LLR 843
MADRAS HIGH COURT

 Apprentices on regular work would be ''employees'' to be covered under Provident Fund Act.
2013 LLR 849
MADRAS HIGH COURT

 Qualification(s) for promotion cannot be introduced as a fresh requirement.
2013 LLR 854
SUPREME COURT OF INDIA

 Labour Court is empowered to grant relief even when not demanded by an employee.
2013 LLR 856
ALLAHABAD HIGH COURT

 Unless confirmed in writing, a probationer continues to be on probation.
2013 LLR 856
ALLAHABAD HIGH COURT

 Adverse inference will be drawn when Management failed to produce attendance register.
2013 LLR 858
ALLAHABAD HIGH COURT

 Reference for adjudication for a dispute raised after 22 years is to be quashed.
2013 LLR 864
ALLAHABAD HIGH COURT

 Compensation Commissioner can''t review its own order.
2013 LLR 872
ALLAHABAD HIGH COURT

 Restoration of an ex-parte order can be allowed by Compensation Commissioner
2013 LLR 876
ALLAHABAD HIGH COURT

 Assistant Chemist, not exercising the supervisory powers, would be a workman.
2013 LLR 879
ALLAHABAD HIGH COURT

 Nature of duties not designation is the criterion to determine the status of ''workman''
2013 LLR 879
ALLAHABAD HIGH COURT

 Person responsible for the company''s business is to be prosecuted for non-payment of ESI contributions.
2013 LLR 885
KERALA HIGH COURT

 Insurance Court will not decide a criminal offence.
2013 LLR 885
KERALA HIGH COURT