IMPORTANT JUDGEMENTS for September 2013

IMPORTANT JUDGEMENTS

 Disciplinary Authority must record reasons for disagreeing with Enquiry Officer.
2013 LLR 897
SUPREME COURT OF INDIA

 Termination of probationer does not tantamount to illegal retrenchment.
2013 LLR 899
DELHI HIGH COURT

 Engagement of Casuals or Temporary does not amount to unfair Labour Practice.
2013 LLR 899
DELHI HIGH COURT

 Termination during probationary period without stigma is covered under section 2(oo)(bb) of the ID Act.
2013 LLR 909
ALLAHABAD HIGH COURT

 Compensation appropriate when retrenchment compensation not paid.
2013 LLR 909
ALLAHABAD HIGH COURT

 Termination Can''t invoke section 33C(2) of ID Act.
2013 LLR 910
KERALA HIGH COURT

 A Personnel Manager of a Company is not a ''workman'' under I.D. Act.
2013 LLR 912
DELHI HIGH COURT

 25% towards labour for ESI contribution when payment includes material also is justified.
2013 LLR 916
BOMBAY HIGH COURT

 Loaders/unloaders in regular activity are coverable under ESI Act.
2013 LLR 916
BOMBAY HIGH COURT

 Performing work of regular nature is to be covered by ESI Act
2013 LLR 916
BOMBAY HIGH COURT

 A claim rejected in Civil Court can''t be raised under Industrial Disputes Act.
2013 LLR 919
PUNJAB AND HARYANA HIGH COURT

 Area Sales Manager will not be a ''workman'' under I.D. Act.
2013 LLR 922
ALLAHABAD HIGH COURT

 Enquiry issue must be decided at first instance.
2013 LLR 924
ALLAHABAD HIGH COURT

 Reinstatement not appropriate for a workman caught stealing property of establishment.
2013 LLR 925
ALLAHABAD HIGH COURT

 An enquiry is not vitiated merely one copy of the order sheet was not provided.
2013 LLR 925
ALLAHABAD HIGH COURT

 Evidence Act not applicable in industrial proceedings.
2013 LLR 927
ALLAHABAD HIGH COURT

 Reinstatement is to be set aside in the absence of evidence.
2013 LLR 927
ALLAHABAD HIGH COURT

 Employer-employee relationship can be established by documentary evidence.
2013 LLR 927
ALLAHABAD HIGH COURT

 Claimant has to prove his case.
2013 LLR 927
ALLAHABAD HIGH COURT

 Prosecution for provident fund can''t be quashed at initial stage.
2013 LLR 934
CALCUTTA HIGH COURT

 Temporary misappropriation amounts to breach of trust.
2013 LLR 934
CALCUTTA HIGH COURT

 A Director can escape from prosecution for non-deposit of EPF if he proves to be not concerned.
2013 LLR 934
CALCUTTA HIGH COURT

 Enquiry proceeding sans prescribed procedure will be vitiated
2013 LLR 938
CALCUTTA HIGH COURT

 Enquiry Committee cannot act as Presenting Officer in enquiry
2013 LLR 938
CALCUTTA HIGH COURT

 Employer not employee has to lead evidence first in the enquiry
2013 LLR 942
CALCUTTA HIGH COURT

 It is employer to prove charges against the employee in enquiry.
2013 LLR 942
CALCUTTA HIGH COURT

 Normal death even during the course of employment will not attract accident compensation.
2013 LLR 946
GAUHATI HIGH COURT

 Compensation only when death caused in accident
2013 LLR 946
GAUHATI HIGH COURT

 Criminal trial and enquiry proceedings are entirely different.
2013 LLR 952
GUJARAT HIGH COURT

 Additional gratuity out of settlement not payable to an employee already retired. 
2013 LLR 954
GUJARAT HIGH COURT

 Enquiry will not vitiate for non-supply of enquiry report to the delinquent.
2013 LLR 956
JHARKHAND HIGH COURT

 Reasons are necessary if Labour Court modifies punishment.
2013 LLR 960
MADRAS HIGH COURT

 Reinstatement is not proper on dismissal for unauthorized absence.
2013 LLR 960
MADRAS HIGH COURT

 Workers & Management will be bound by Award of Labour Court.
2013 LLR 962
MADRAS HIGH COURT

 Termination of service can be challenged in Labour Court only after raising dispute before Conciliation Officer.
2013 LLR 962
MADRAS HIGH COURT

 Opinion of hand-writing expert can prove the forgery.
2013 LLR 962
MADRAS HIGH COURT

 Raising industrial dispute after 29 years is rightly to be rejected.
2013 LLR 962
MADRAS HIGH COURT

 Compensation not reinstatement is appropriate relief to a daily wager.
2013 LLR 967
ORISSA HIGH COURT

 Reinstatement with back-wages will not be appropriate when termination is held illegal.
2013 LLR 967
ORISSA HIGH COURT

 Compensation will depend on nature of employment, length of service etc.
2013 LLR 967
ORISSA HIGH COURT

 Unauthorised & habitual absence is a serious misconduct to justify dismissal.
2013 LLR 970
KARNATAKA HIGH COURT

 Interference by Labour Court in dismissal after enquiry not justified.
2013 LLR 970
KARNATAKA HIGH COURT

 Reinstatement who has just worked for 240 days not justified.
2013 LLR 973
PUNJAB AND HARYANA HIGH COURT

 Tribunal justified in granting status quo to bus drivers/conductors engaged through contractor.
2013 LLR 974
GUJARAT HIGH COURT

 Reference for determination of ''employer-employee'' relationship is not to be interfered.
2013 LLR 974
GUJARAT HIGH COURT

 Partners are not to be included in a firm for coverage under Provident Fund Act.
2013 LLR 981
ALLAHABAD HIGH COURT

 Dismissal justified for fraud and misappropriation, etc.
2013 LLR 986
JHARKHAND HIGH COURT

 No interference by High Court in absence of allegations about violation of natural justice.
2013 LLR 986
JHARKHAND HIGH COURT

 Principal employer has primary duty to pay ESI contribution.
2013 LLR 991
KARNATAKA HIGH COURT

 Existence of employer-employee relationship to be decided as preliminary issue.
2013 LLR 993
KERALA HIGH COURT

 A workman may be temporary, permanent employee or even a probationer.
2013 LLR 993
KERALA HIGH COURT

 Assaulting passenger by bus driver will justify dismissal.
2013 LLR 995
DELHI HIGH COURT

 Prosecution for non-implementation of the Award is untenable when reinstated workman never reported to join.
2013 LLR 999
JHARKHAND HIGH COURT