IMPORTANT JUDGEMENTS for September 2008

IMPORTANT JUDGEMENTS

 Interest on delayed payment of ESI contributions, unlike damages, cannot be legally waived.
2008 LLR 1001
KERALA HIGH COURT

 Penal damages for delayed payment of ESI contributions can be waived on justifiable grounds.
2008 LLR 1001
KERALA HIGH COURT

 Raising of industrial dispute will not be barred because an employee approached the forum under Societies Act.
2008 LLR 1002
PUNJAB AND HARYANA HIGH COURT

 Labour Court should not reject a dispute for adjudication merely that there was delay for raising the same.
2008 LLR 1002
PUNJAB AND HARYANA HIGH COURT

 Forfeiture of gratuity not to be interfered because no criminal proceedings were initiated against the workman by the employer for misappropriation.
2008 LLR 1008
ALLAHABAD HIGH COURT

 Interest on late payment of ESI contribution cannot be waived in absence of any such provision in the Act.
2008 LLR 897
SUPREME COURT OF INDIA

 Failing to prove 240 days'' working resulting into rejection of dispute by Labour Court will not be interfered.
2008 LLR 898
BOMBAY HIGH COURT

 A dispute pertaining to transfer of workman from one place to another need not be espoused by other workers.
2008 LLR 900
BOMBAY HIGH COURT

 Civil Court can interfere with the transfer of an employee only when it is malafide.
2008 LLR 900
BOMBAY HIGH COURT

 Transfer of an employee from one place to another is a normal incident of service.
2008 LLR 900
BOMBAY HIGH COURT

 When an employee was taking active part in a union for 10 years and no transfer was made, he cannot term his transfer as malafide.
2008 LLR 900
BOMBAY HIGH COURT

 When a contract provides for transfer of an employee, his inconvenience has no bearing for its stalling.
2008 LLR 900
BOMBAY HIGH COURT

 No malafide can be attributed to transfer of an office bearer of a union.
2008 LLR 900
BOMBAY HIGH COURT

 Compensation in lieu of reinstatement will be appropriate if there is no vacancy to be offered to the workman.
2008 LLR 908
ALLAHABAD HIGH COURT

 Depositing of compensation as awarded and not the interest will be imperative for filing an appeal.
2008 LLR 910
ALLAHABAD HIGH COURT

 An employee getting wages above prescribed ceiling cannot invoke the forum under Payment of Wages Act.
2008 LLR 911
ALLAHABAD HIGH COURT

 House rent allowance forms a part of wages, hence the claim under Payment of Wages Act will be tenable.
2008 LLR 911
ALLAHABAD HIGH COURT

 Writ petition against the Authority under Payment of Wages Act by a social organisation will be entertained.
2008 LLR 911
ALLAHABAD HIGH COURT

 Employer-employee contract comes to an end when an employee opts and accepts the benefits of VRS.
2008 LLR 915
DELHI HIGH COURT

 The terms and conditions of VRS are governed by a contract and not by statutory rules.
2008 LLR 915
DELHI HIGH COURT

 Condonation of delay for filing appeal after 120 days of order of Controlling Authority not permissible.
2008 LLR 921
BOMBAY HIGH COURT

 An ex-parte proceeding can be set aside by Court/Tribunal by giving reasonable opportunity for hearing.
2008 LLR 922
GUJARAT HIGH COURT

 An apprentice will not be a workman under Industrial Disputes Act, hence no reinstatement.
2008 LLR 927
GUJARAT HIGH COURT

 Gratuity Act will be applicable upon Kerala State Electricity Board even when the employees were getting pension benefits.
2008 LLR 931
KERALA HIGH COURT

 Forfeiture of gratuity causing loss to employer due to the negligence, cannot be faulted with.
2008 LLR 934
PUNJAB AND HARYANA HIGH COURT

 Withdrawal from VRS after receiving the benefits, that too after 2 years, will not be tenable.
2008 LLR 936
PUNJAB AND HARYANA HIGH COURT

 Compensation in lieu of reinstatement with back-wages will be appropriate when termination was made long back.
2008 LLR 938
ALLAHABAD HIGH COURT

 Employees of two establishments can be clubbed for coverage under ESI when there is functional integrality.
2008 LLR 941
SUPREME COURT OF INDIA

 Termination of bus conductor not to be set aside when ticketless passengers were not called for witness.
2008 LLR 946
SUPREME COURT OF INDIA

 Reinstatement and not the back-wages is rule when the termination of workman is held to be illegal.
2008 LLR 948
SUPREME COURT OF INDIA

 Non-payment of retrenchment compensation on termination of a workman having worked for 240 days will render his termination as illegal.
2008 LLR 948
SUPREME COURT OF INDIA

 Compensation will be appropriate when there is a long gap between the termination and the relief of reinstatement.
2008 LLR 948
SUPREME COURT OF INDIA

 Dismissal of bus conductor should not have been set aside merely because ticket-less passengers were not produced in enquiry.
2008 LLR 952
DELHI HIGH COURT

 A documentary evidence will override the oral evidence as a man may tell a lie but not the document.
2008 LLR 952
DELHI HIGH COURT

 A public servant has to be believed in the absence of enmity or hostility with the delinquent in enquiry.
2008 LLR 952
DELHI HIGH COURT

 Award of Compensation Commissioner, granting compensation to a casual worker, is not to be interfered.
2008 LLR 960
DELHI HIGH COURT

 Enquiry will be vitiated when the delinquent was not informed about its holding.
2008 LLR 961
ALLAHABAD HIGH COURT

 Bus conductor should not have been punished when the driver did not stop the bus for checking squad.
2008 LLR 961
ALLAHABAD HIGH COURT

 Merely on suspicion, dismissal of the bus conductor carrying ticketless passengers is to be set aside
2008 LLR 961
ALLAHABAD HIGH COURT

 Prosecution of Company Secretary/Director to be quashed when they were not responsible to implement the Award.
2008 LLR 964
JHARKHAND HIGH COURT

 Rigid rules of Evidence Act not applicable in the domestic enquiries.
2008 LLR 966
MADRAS HIGH COURT

 When the presenting officer in the enquiry is not an advocate, the delinquent employee is rightly denied to be represented by an advocate.
2008 LLR 966
MADRAS HIGH COURT

 An employee, failing to participate in an enquiry, cannot allege violation of principles of natural justice.
2008 LLR 966
MADRAS HIGH COURT

 Order of appropriate Government in declining to refer 8 years old dispute will not be interfered.
2008 LLR 969
GUJARAT HIGH COURT

 A domestic enquiry is different than a civil suit or criminal trial hence representation by an advocate or a friend of the delinquent will not be permissible
2008 LLR 973
SUPREME COURT OF INDIA

 Termination of a railway booking clerk for overcharging the amount of ticket will not be disproportionate
2008 LLR 974
BOMBAY HIGH COURT

 No appeal will lie against the Employees'' Insurance Court interlocutory order.
2008 LLR 977
BOMBAY HIGH COURT

 When there is long delay in determination of provident fund contributions, these are to be only for the employees who are identifiable.
2008 LLR 980
SUPREME COURT OF INDIA

 Provident fund contributions, when not determined for 14 years, the employer to produce only record which is statutorily maintainable and also available
2008 LLR 980
SUPREME COURT OF INDIA

 Writ petition should not have been rejected when the Award pertained to reinstatement of the workman who has raised the dispute after 5 years.
2008 LLR 982
SUPREME COURT OF INDIA

 Reinstatement should not have been granted to a rash driver causing fatal accident.
2008 LLR 984
BOMBAY HIGH COURT

 Dismissal of a rash and negligent driver killing a pedestrian, will not be disproportionate.
2008 LLR 984
BOMBAY HIGH COURT

 Dismissal of a workman, failing to adhere to the settled norms of production, will not be interfered.
2008 LLR 986
BOMBAY HIGH COURT

 When workers allege victimisation, they have to prove with cogent evidence.
2008 LLR 986
BOMBAY HIGH COURT

 Relief of back-wages liable to be set aside when the workman fails to join despite his reinstatement.
2008 LLR 990
BOMBAY HIGH COURT

 Approval for dismissal is rightly rejected when employer failed to comply with section 33(1)(a) of the Industrial Disputes Act.
2008 LLR 992
GUJARAT HIGH COURT

 Application for approval of dismissal by an employer rightly rejected when the amount of one month''s notice pay fell short.
2008 LLR 992
GUJARAT HIGH COURT

 Back-wages on rejection of approval for dismissal cannot be denied to the workman.
2008 LLR 992
GUJARAT HIGH COURT

 Despite limited powers in approval of application, the Tribunal can interfere in punishment.
2008 LLR 992
GUJARAT HIGH COURT

 Resignation by an illiterate person casts onerous obligation on the employer to ascertain that it is voluntary.
2008 LLR 998
ANDHRA PRADESH HIGH COURT

 High Court not to interfere with the reinstatement of a workman when resignation was not voluntary.
2008 LLR 998
ANDHRA PRADESH HIGH COURT