IMPORTANT JUDGEMENTS for January 2015

IMPORTANT JUDGEMENTS

 Dismissal for misconduct of abusing and threatening superior may not justified in all cases.
2015 LLR 1
SUPREME COURT OF INDIA

 Termination to be set aside when order is not issued by prescribed authority.
2015 LLR 13
BOMBAY HIGH COURT

 Removal of driver even for causing heavy loss without enquiry would be illegal.
2015 LLR 95
SUPREME COURT OF INDIA

 Contractual appointment amounts to unfair labour practice.
2015 LLR 95
SUPREME COURT OF INDIA

 Gratuity has to be paid within 30 days of cessation of employment.
2015 LLR 34
JHARKHAND HIGH COURT

 Performance allowance will be wages under ESI Act.
2015 LLR 50
KERALA HIGH COURT

 Contract employees are also covered under Provident Fund Act.
2015 LLR 74
MADRAS HIGH COURT

 Enquiry Officer can also summon the witness to determine the truth.
2015 LLR 86
ANDHRA PRADESH HIGH COURT

 Any short fall of notice pay would violate section 33(2)(b) of the Industrial Disputes Act to justify reinstatement.
2015 LLR 71
MADRAS HIGH COURT

 Reinstatement not appropriate when loss of confidence is proved.
2015 LLR 64
MADHYA PRADESH HIGH COURT

 A disabled bus driver is to be provided alternative job.
2015 LLR 95
SUPREME COURT OF INDIA

 Termination, not retrenchment, when worker fails to prove working for 240 days.
2015 LLR 92
KARNATAKA HIGH COURT

 Admission by an employee can justify return of findings of enquiry. 
2015 LLR 40
JAMMU AND KASHMIR HIGH COURT

 Any act of Director without authority can be ratified by the Board of Directors.
2015 LLR 16
DELHI HIGH COURT

 Labour Court should modify the punishment with care and caution.
2015 LLR 1
SUPREME COURT OF INDIA

 Dismissal justified when causing death of three passengers in an accident.
2015 LLR 10
BOMBAY HIGH COURT

 For accident compensation victim need not be a ''worker'' of the factory.
2015 LLR 37
TRIPURA HIGH COURT

 A club maintaining kitchen with refrigerator, geyser, etc. is covered by ESI Act.
2015 LLR 4
SUPREME COURT OF INDIA

 Compensation is appropriate when workman is near superannuation after litigation of 20 years.
2015 LLR 1
SUPREME COURT OF INDIA

 Gratuity is not a charity, but is payable for the service rendered by employee.
2015 LLR 34
JHARKHAND HIGH COURT

 A cook in a school hostel can also claim accident compensation.
2015 LLR 37
TRIPURA HIGH COURT

 Noble activities of employer would not justify delayed payments of EPF contributions.
2015 LLR 74
MADRAS HIGH COURT

 Approval for dismissal, when declined, would justify reinstatement.
2015 LLR 71
MADRAS HIGH COURT

 Labour Court not to sit in on employer''s decision about punishment when the enquiry is fair and proper.
2015 LLR 64
MADHYA PRADESH HIGH COURT

 Relationship of employer - employee can be proved by pay slip, wages register, etc.
2015 LLR 92
KARNATAKA HIGH COURT

 Reversing Award of the Labout Court based on actual facts is not proper.
2015 LLR 95
SUPREME COURT OF INDIA

 Profit by an establishment is not relevant for applicability of ESI Act.
2015 LLR 4
SUPREME COURT OF INDIA

 Dismissal not justified for throwing of cotton waste balls on superior by mistake.
2015 LLR 1
SUPREME COURT OF INDIA

 Mere applying for exemption does not exonerate an employer for depositing EPF contribution.
2015 LLR 74
MADRAS HIGH COURT

 Accident not occurring during working hours would not justify compensation.
2015 LLR 84
ORISSA HIGH COURT

 Merely acquittal of delinquent would not exonerate him for the charge as levied.
2015 LLR 40
JAMMU AND KASHMIR HIGH COURT

 Death resulting on falling down would justify accident compensation.
2015 LLR 32
JHARKHAND HIGH COURT

 Manufacturing of Rusks would come under the coverage of Provident Fund Act.
2015 LLR 31
ALLAHABAD HIGH COURT

 Strict rules of evidence are not applicable in domestic enquiries.
2015 LLR 64
MADHYA PRADESH HIGH COURT

 Testing of cylinders by third party would be construed as principal to principal basis.
2015 LLR 57
KERALA HIGH COURT

 Dismissal justified by driving bus unauthorisedly and causing accident. 
2015 LLR 36
GUJARAT HIGH COURT

 Social welfare legislation should receive liberal interpretation.
2015 LLR 50
KERALA HIGH COURT

 Object of second show-cause notice should be to inform delinquent the outcome of enquiry and tentative penalty.
2015 LLR 40
JAMMU AND KASHMIR HIGH COURT

 Sympathetic view by Labour Court not justified when workman has committed serious misconduct.
2015 LLR 36
GUJARAT HIGH COURT

 Neither designation nor salary is the criterion to determine the ''workman''.
2015 LLR 60
GAUHATI HIGH COURT

 Clean past record not relevant when employee is guilty of serious misconduct.\
2015 LLR 10
BOMBAY HIGH COURT

 Misplaced sympathy, generosity and benevolence are no grounds to interfere with the quantum of punishment.
2015 LLR 21
MADRAS HIGH COURT

 Industrial dispute raised after 11 years not tenable.
2015 LLR 36
GUJARAT HIGH COURT

 Coverage of establishment under Provident Fund Act only when there are 20 or more employees.
2015 LLR 57
KERALA HIGH COURT

 Removal justified when delinquent fails to establish prejudice against him.
2015 LLR 40
JAMMU AND KASHMIR HIGH COURT