IMPORTANT JUDGEMENTS for September 2011

IMPORTANT JUDGEMENTS

 Dismissal is rendered void ab initio when its approval is declined.
2011 LLR 897
DELHI HIGH COURT

 Wages to be payable to a workman when not permitted to resume duties after acquittal.
2011 LLR 901
DELHI HIGH COURT

 Even when the punishment of dismissal or discharge is quashed, grant of back-wages is not automatic but subject to the discretion of the Labour Court.
2011 LLR 903
GUJARAT HIGH COURT

 Reinstatement has been erroneously awarded to a workman remaining un-intimated and unauthorized absence.
2011 LLR 905
GUJARAT HIGH COURT

 On differing with Enquiry Officer, Disciplinary Authority has to ask for show cause to delinquent.
2011 LLR 910
ORISSA HIGH COURT

 Doctor''s evidence not necessary when Compensation Commissioner is satisfied with Certificate.
2011 LLR 912
GUJARAT HIGH COURT

 Transfer of petitioner, that too on temporary basis, not to be interfered by court.
2011 LLR 916
MADHYA PRADESH HIGH COURT

 Principle of ''no work, no wages'' not applicable if reinstated workman was not allowed to join.
2011 LLR 918
PUNJAB AND HARYANA HIGH COURT

 Minimum and not last drawn wages is to be paid in terms of section 17B of I.D. Act.
2011 LLR 921
ALLAHABAD HIGH COURT

 Vitiating enquiry on ground of delinquent being unaware of its technicalities is wrong.
2011 LLR 923
ALLAHABAD HIGH COURT

 Condoning embezzlement of bus conductor would encourage others to indulge in such activities.
2011 LLR 923
ALLAHABAD HIGH COURT

 No gratuity unless official quarter is vacated by the retired employee.
2011 LLR 924
ALLAHABAD HIGH COURT

 Penal rent to be charged for not vacating official quarter.
2011 LLR 924
ALLAHABAD HIGH COURT

 1% Cess under Cess Act is payable after 4.2.2009 in U.P.
2011 LLR 925
ALLAHABAD HIGH COURT

 Concluding enquiry in one day without recording material evidence not proper.
2011 LLR 926
ALLAHABAD HIGH COURT

 Termination of the workman for misappropriation not to be set aside.
2011 LLR 930
ALLAHABAD HIGH COURT

 Labour Court has erroneously inferred that manipulation could be negligence due to over work.
2011 LLR 930
ALLAHABAD HIGH COURT

 Award of compensation not proper when fixation of electricity fuse was not allowed by deceased.
2011 LLR 931
ANDHRA PRADESH HIGH COURT

 Accident compensation is to be determined on minimum wages.
2011 LLR 934
KARNATAKA HIGH COURT

 Dismissal for misbehaving and abusing the superior is not improper.
2011 LLR 934
KARNATAKA HIGH COURT

 Insurer liable for payment of compensation only for injury caused in course of employment.
2011 LLR 939
KARNATAKA HIGH COURT

 Back-wages on reinstatement till superannuation without unemployment evidence is not proper.
2011 LLR 941
MADHYA PRADESH HIGH COURT

 Delinquent to be heard when Disciplinary Authority differs with the findings of Enquiry Officer.
2011 LLR 941
MADHYA PRADESH HIGH COURT

 Prosecution of factory officials other than Occupier and Manager to be quashed.
2011 LLR 945
HIMACHAL PRADESH HIGH COURT

 Transfer of suspended bank employee not proper.
2011 LLR 947
CALCUTTA HIGH COURT

 Withdrawal of relaxation by RPFC during pendency of exemption is liable to be set aside.
2011 LLR 950
DELHI HIGH COURT

 Casual workers not entitled to ''equal pay for equal work''.
2011 LLR 951
DELHI HIGH COURT

 No provident fund contributions on allowances even when forming part of minimum wages.
2011 LLR 953
BOMBAY HIGH COURT

 No provident fund contributions attracted on payment made to contractor for karigars for knitting and printing.
2011 LLR 953
BOMBAY HIGH COURT

 For determining a person as an employee, it is to be seen whether he has an obligation to report for duty every day.
2011 LLR 953
BOMBAY HIGH COURT

 Trainees are to be covered under Provident Fund Act.
2011 LLR 959
MADRAS HIGH COURT

 Coverage under ESI Act to be quashed when there are only eight employees.
2011 LLR 963
MADRAS HIGH COURT

 Employees'' Insurance Court erred in discarding attendance registers scrutinized by ESI Inspector.
2011 LLR 963
MADRAS HIGH COURT

 Abandonment rightly presumed by Bank when employee remained on unauthorized absence for two years.
2011 LLR 967
ANDHRA PRADESH HIGH COURT

 30% back-wages, on reinstatement when workman not paid retrenchment compensation, is proper.
2011 LLR 969
ALLAHABAD HIGH COURT

 Termination of a bus conductor allowing 20 passengers without ticket but transferred from an accidental bus is wrongly upheld.
2011 LLR 971
ALLAHABAD HIGH COURT

 Compensation, instead of reinstatement, is proper to a muster roll employee.
2011 LLR 973
ALLAHABAD HIGH COURT

 Termination for a few days of absence not justified.
2011 LLR 975
ALLAHABAD HIGH COURT

 Compensation appropriate when over 24 years elapsed from the termination.
2011 LLR 975
ALLAHABAD HIGH COURT

 Labour Court is not empowered to review its own Award.
2011 LLR 975
ALLAHABAD HIGH COURT

 Non cooperation with the Enquiry Officer will not amount to misconduct.
2011 LLR 975
ALLAHABAD HIGH COURT

 Reinstated driver will be paid wages which are being paid to others.
2011 LLR 979
MADRAS HIGH COURT

 A teacher being entitled to gratuity can get it w.e.f. 3.4.1997.
2011 LLR 980
MADHYA PRADESH HIGH COURT

 Disciplinary proceedings after acceptance of voluntary retirement are untenable.
2011 LLR 986
ANDHRA PRADESH HIGH COURT

 Insurer can''t escape to pay compensation when the workman died at the spot.
2011 LLR 987
HIMACHAL PRADESH HIGH COURT

 Establishments providing financial services come within purview of E P F Schemes.
2011 LLR 989
MADRAS HIGH COURT

 Agents getting commission will be coverable employees under provident fund.
2011 LLR 989
MADRAS HIGH COURT

 Non-intimation by workman that he was admitted in the hospital not a serious misconduct calling for dismissal.
2011 LLR 993
ANDHRA PRADESH HIGH COURT

 Gratuity Act provides for entitlement of gratuity even prior to the enactment of Act.
2011 LLR 995
BOMBAY HIGH COURT

 Any misappropriation, even temporary, by a bank employee has to be viewed seriously.
2011 LLR 998
PATNA HIGH COURT