IMPORTANT JUDGEMENTS for September 2014

IMPORTANT JUDGEMENTS

 Prosecution of Occupier/Manager for an accident, in factory, is to be quashed if launched after 3 months.
2014 LLR 897
SUPREME COURT OF INDIA

 Termination for long absence, due to illness, supported with genuine medical certificates is not justified.
2014 LLR 901
SUPREME COURT OF INDIA

 Declining to call witnesses without reason would vitiate enquiry.
2014 LLR 901
SUPREME COURT OF INDIA

 Reinstatement appropriate when the medical certificates, during absence, not contradicted by the employer.
2014 LLR 901
SUPREME COURT OF INDIA

 Criminal liability for violation of PF Act remains upon perpetrator. 
2014 LLR 905
SUPREME COURT OF INDIA

 Damages for delayed deposit of provident fund dues can be recovered from transferor and transferee of establishment.
2014 LLR 905
SUPREME COURT OF INDIA

 Taking Rs.1,000 from a guest, by a hotel employee, to procure a floozy would justify his dismissal. 
2014 LLR 911
DELHI HIGH COURT

 Reinstatement of hotel employee quashed when he acted as a pimp. 
2014 LLR 911
DELHI HIGH COURT

 Senior Stores Officer, in the managerial cadre, will not be a ''workman''.
2014 LLR 916
DELHI HIGH COURT

 Demand notice, not replied by employer, will support the claim of workman.
2014 LLR 920
DELHI HIGH COURT

 Averments of workman when not rebutted would justify his claim.
2014 LLR 920
DELHI HIGH COURT

 Limitation not applicable, for restoration of appeal, before EPF Appellate Tribunal.
2014 LLR 923
DELHI HIGH COURT

 Claimant for compensation must prove that the accident arose out of employment.
2014 LLR 925
DELHI HIGH COURT

 Newspaper report is not evidence for proving employment.
2014 LLR 925
DELHI HIGH COURT

 Accident compensation, when wrongly paid, can be recovered.
2014 LLR 925
DELHI HIGH COURT

 Employee is to prove his employment to receive accident compensation.
2014 LLR 928
DELHI HIGH COURT

 Belated claim for compensation would not justify the claim.
2014 LLR 928
DELHI HIGH COURT

 Reinstatement would follow the non-compliance of section 25F of ID Act.
2014 LLR 930
PUNJAB AND HARYANA HIGH COURT

 Labour Court is empowered to examine correctness of enquiry findings
2014 LLR 931
PUNJAB AND HARYANA HIGH COURT

 Employer can adduce evidence before labour court in support of application.
2014 LLR 931
PUNJAB AND HARYANA HIGH COURT

 Employee, not the employer, has to prove 240 days of working.
2014 LLR 934
PUNJAB AND HARYANA HIGH COURT

 Adverse inference will be drawn when employer fails to produce records.
2014 LLR 934
PUNJAB AND HARYANA HIGH COURT

 Belated dispute, without justifiable delay, would not be ''industrial dispute''.
2014 LLR 936
PUNJAB AND HARYANA HIGH COURT

 Solitary statement of workman not sufficient to prove 240 days of working.
2014 LLR 936
PUNJAB AND HARYANA HIGH COURT

 Compliance of section 25F of ID Act is not required when 240 days working not proved.
2014 LLR 936
PUNJAB AND HARYANA HIGH COURT

 EPF Authority under section 7-A is vested with powers of a civil court.
2014 LLR 940
PUNJAB AND HARYANA HIGH COURT

 Determining provident fund dues without summoning the relevant documents is to be set aside.
2014 LLR 940
PUNJAB AND HARYANA HIGH COURT

 Whether an establishment is new for applicability of Provident Funds Act is to be decided in appeal.
2014 LLR 949
CALCUTTA HIGH COURT

 Reinstatement and back-wages are not automatic.
2014 LLR 950
ALLAHABAD HIGH COURT

 Compensation is appropriate when termination was before 30 years.
2014 LLR 950
ALLAHABAD HIGH COURT

 Death of an employee even from pre-existing decease would justify accident compensation.
2014 LLR 952
KARNATAKA HIGH COURT

 EPF Authority not to challenge the quashing of order by EPF Provident Fund Commissioner.
2014 LLR 956
KARNATAKA HIGH COURT

 Clubbing for coverage under provident fund can be done when one unit cannot exist without the other
2014 LLR 958
CALCUTTA HIGH COURT

 Insisting for separate code number for Provident Fund for different unit of establishment not justified.
2014 LLR 958
CALCUTTA HIGH COURT

 Back-wages rightly denied when the employees refuse to work at other place after their place of work was gutted.
2014 LLR 962
CALCUTTA HIGH COURT

 PFC is bound by order of EPF Appellate Tribunal and not entitled to challenge.
2014 LLR 963
CALCUTTA HIGH COURT

 Gratuity and retiral benefits cannot be withheld
2014 LLR 964
SUPREME COURT OF INDIA

 Gratuity rightly withheld when, despite undertaking, the employee did not vacate the accommodation.
2014 LLR 966
JHARKHAND HIGH COURT

 Rs.5 lakhs towards compensation, in lieu of reinstatement, would be appropriate.
2014 LLR 967
PUNJAB AND HARYANA HIGH COURT

 While challenging the applicability of ESI upon an establishment, affected employees are to be impleaded in appeal.
2014 LLR 970
KERALA HIGH COURT

 Office bearers of a trade union have no privilege for misconduct.
2014 LLR 972
MADRAS HIGH COURT

 Dismissal for go slow and frequent strikes, when proved, would be justified. 
2014 LLR 972
MADRAS HIGH COURT

 Compensation Commissioner can direct deposit of compensation when he comes to know about accidental death from any source.
2014 LLR 978
BOMBAY HIGH COURT

 Deposit of compensation by employer cannot be insisted when he denies the relationship of employer and employee.
2014 LLR 978
BOMBAY HIGH COURT

 Signature on appointment letter is conclusive proof of date of appointment.
2014 LLR 981
DELHI HIGH COURT

 Workman will be debarred from challenging termination if notice was only for bonus.
2014 LLR 981
DELHI HIGH COURT

 Writ petition filed after 32 months not tenable. 
2014 LLR 981
DELHI HIGH COURT

 No enquiry is required for termination of a probationer.
2014 LLR 985
PUNJAB AND HARYANA HIGH COURT

 Probationer can be terminated without any reason during probation period.
2014 LLR 985
PUNJAB AND HARYANA HIGH COURT

 No retrenchment compensation payable on termination of a probationer.
2014 LLR 985
PUNJAB AND HARYANA HIGH COURT

 Termination without retrenchment compensation would be illegal. 
2014 LLR 990
HIMACHAL PRADESH HIGH COURT