IMPORTANT JUDGEMENTS for September 2012

IMPORTANT JUDGEMENTS

 Mere negligence does not justify punishment of dismissal.
2012 LLR 1001
ORISSA HIGH COURT

 Settlement for compensation with dependents of deceased employee will be illegal.
2012 LLR 1003
KERALA HIGH COURT

 Senior can''t be denied benefit extended to juniors.
2012 LLR 1007
ANDHRA PRADESH HIGH COURT

 Compensation for accident is payable from date of accident.
2012 LLR 897
SUPREME COURT OF INDIA

 Penalty and interest payable on delayed payment of accident compensation. 
2012 LLR 897
SUPREME COURT OF INDIA

 Absence can''t be presumed when workman applied for leave with medical certificate.
2012 LLR 902
DELHI HIGH COURT

 Reinstatement with back-wages is not a rule on illegal termination.
2012 LLR 908
DELHI HIGH COURT

 Labour Courts can modify punishment only by giving supporting reasons.
2012 LLR 908
DELHI HIGH COURT

 Wages under section 17-B of the I.D. Act are like subsistence allowance hence non-refundable.
2012 LLR 918
DELHI HIGH COURT

 Wages during pendency of proceedings in higher court can''t be denied because of self employment.
2012 LLR 918
DELHI HIGH COURT

 Claims not based on admitted documents are untenable u/s 33C(2) of I.D. Act.
2012 LLR 924
BOMBAY HIGH COURT

 Conciliation Officer can''t stay transfers.
2012 LLR 925
BOMBAY HIGH COURT

 Courts can''t interfere in quantum of punishment.
2012 LLR 929
BOMBAY HIGH COURT

 No interference in an enquiry when conducted in accordance with the principles of natural justice.
2012 LLR 929
BOMBAY HIGH COURT

 Contractual employees are entitled to gratuity.
2012 LLR 933
MADRAS HIGH COURT

 Compensation instead of reinstatement appropriate when the workman has worked only for one year.
2012 LLR 934
RAJASTHAN HIGH COURT

 Dismissal justified for recovering premiums from the policy holders and depositing in his own account.
2012 LLR 937
ALLAHABAD HIGH COURT

 Employer can not be responsible to provide housing accommodation to workers.
2012 LLR 940
ALLAHABAD HIGH COURT

 Termination order can also be challenged where it has been sent.
2012 LLR 944
CALCUTTA HIGH COURT

 Unreasonable clause in a contract with the employee will be violative of Constitution of India.
2012 LLR 944
CALCUTTA HIGH COURT

 A supervisor not to be a ''workman'' even if not empowered to issue charge-sheet
2012 LLR 949
CALCUTTA HIGH COURT

 Last drawn wages are given during interregnum only on reinstatement.
2012 LLR 954
JHARKHAND HIGH COURT

 Forfeiture of gratuity for riotous and disorderly behaviour is not proper when misconduct was committed 5 years back.
2012 LLR 955
KERALA HIGH COURT

 Gratuity Act also protects higher gratuity.
2012 LLR 955
KERALA HIGH COURT

 Reinstatement is proper when retrenchment is violative of section 25N of I.D. Act
2012 LLR 957
MADRAS HIGH COURT

 Keeping trainees, temporaries or probationers, for long years would be contrary to the Standing Orders.
2012 LLR 957
MADRAS HIGH COURT

 Termination for general recession will be retrenchment.
2012 LLR 957
MADRAS HIGH COURT

 Employees of licenced contractor are not employees of principal employer.
2012 LLR 962
MADRAS HIGH COURT

 Appeal not the writ is remedy against the order of Authority under Gratuity Act.
2012 LLR 967
ORISSA HIGH COURT

 Retrenchment is illegal when juniors are retained.
2012 LLR 969
RAJASTHAN HIGH COURT

 Reinstatement for prolonged absence not justified.
2012 LLR 971
DELHI HIGH COURT

 Dismissal after enquiry for continuous absence justified.
2012 LLR 971
DELHI HIGH COURT

 Interference by Labour Court not proper in dismissal for continuous absence.
2012 LLR 971
DELHI HIGH COURT

 No enquiry is necessary on termination for a probationer.
2012 LLR 973
DELHI HIGH COURT

 Section 25F of I.D. Act is not to be complied for termination simplicitor.
2012 LLR 973
DELHI HIGH COURT

 Transfer sans condition is to be set aside.
2012 LLR 978
DELHI HIGH COURT

 Overweight can''t be the ground for non renewal of contract for a cabin crew employee.
2012 LLR 980
DELHI HIGH COURT

 Employer can''t escape from payment when not contradicting claim for last drawn wages.
2012 LLR 986
DELHI HIGH COURT

 Workman is to be heard if Disciplinary Authority disagrees with findings of Enquiry Officer.
2012 LLR 987
DELHI HIGH COURT

 Workman not worked for 240 days don''t have statutory protection.
2012 LLR 989
DELHI HIGH COURT

 ''Last come, first go'' is not applicable in case of termination for habitual absence. 
2012 LLR 989
DELHI HIGH COURT

 Workman has to prove that his absence was not wilful.
2012 LLR 989
DELHI HIGH COURT

 Adjudication to be quashed when contrary to reference.
2012 LLR 992
DELHI HIGH COURT

 Revision against order of Authority under the Payment of Wages Act, when frivolous, is liable to be dismissed.
2012 LLR 994
PUNJAB AND HARYANA HIGH COURT

 Reinstatement proper when termination not covered by section 2(oo) (bb) of I.D. Act.
2012 LLR 995
GUJARAT HIGH COURT