IMPORTANT JUDGEMENTS for November 2012

IMPORTANT JUDGEMENTS

 Back-wages on reinstatement is not a rule
2012 LLR 1200
DELHI HIGH COURT

 Rs.5 lakh cost to be paid by Provident Fund officials for harassing the employer.
2012 LLR 1221
ALLAHABAD HIGH COURT

 Transferring low paid employee far away not justified.
2012 LLR 1146
PUNJAB AND HARYANA HIGH COURT

 Gratuity, if not paid by contractor, principal employer will pay. 
2012 LLR 1160
MADRAS HIGH COURT

 Prosecution under CLRA Act, not launched within three months, to be quashed.
2012 LLR 1192
PATNA HIGH COURT

 A lawyer can appear before adjudicator as an office-bearer of a Union or an Association.
2012 LLR 1203
BOMBAY HIGH COURT

 Trade union activities, not justified while on duty.
2012 LLR 1162
ANDHRA PRADESH HIGH COURT

 Dismissal of Association''s President for going to press in support of demands is shockingly disproportionate.
2012 LLR 1196
ORISSA HIGH COURT

 It is for workman to prove 240 days of working.
2012 LLR 1125
DELHI HIGH COURT

 Refusal of representation by lawyer not justified when employer is represented by legal person.
2012 LLR 1128
DELHI HIGH COURT

 Deliberate refusal to obey the lawful orders is a serious misconduct.
2012 LLR 1176
DELHI HIGH COURT

 Habitual absence of a bus driver would justify dismissal.
2012 LLR 1171
DELHI HIGH COURT

 Tribunal erred in declining to grant approval for dismissal of bus driver absenting frequently.
2012 LLR 1171
DELHI HIGH COURT

 Retrenchment compensation has to be paid before or simultaneously with termination.
2012 LLR 1205
ANDHRA PRADESH HIGH COURT

 Writ pertaining to show-cause notice by EPFO cancelling exemption is not to be interfered.
2012 LLR 1214
CALCUTTA HIGH COURT

 Upholding dismissal after 24 years is not proper.
2012 LLR 1162
ANDHRA PRADESH HIGH COURT

 Loaders working long for one principal employer are to be covered by Provident Fund Act.
2012 LLR 1121
DELHI HIGH COURT

 BOCW Act provides safety, health and welfare measures for workers.
2012 LLR 1193
MADHYA PRADESH HIGH COURT

 Deliberate refusal of work results into loss of confidence.
2012 LLR 1176
DELHI HIGH COURT

 Unsatisfactory past conduct of a workman adds to the gravity of charge.
2012 LLR 1171
DELHI HIGH COURT

 Staying away from work, without availing leave, not justified.
2012 LLR 1162
ANDHRA PRADESH HIGH COURT

 Technical flaws are, by amendment, curable
2012 LLR 1139
BOMBAY HIGH COURT

 elf serving statements for 240 days working are not sufficient.
2012 LLR 1125
DELHI HIGH COURT

 Reinstatement appropriate when transfer is illegal.
2012 LLR 1146
PUNJAB AND HARYANA HIGH COURT

 Disablement of workman for work he was capable to perform before accident would be total.
2012 LLR 1184
DELHI HIGH COURT

 Dismissal for insubordination is not disproportionate punishment.
2012 LLR 1176
DELHI HIGH COURT

 A charge-sheet is not vague when the details of absence are provided.
2012 LLR 1171
DELHI HIGH COURT

 Absence even when treated as leave without pay, will not absolve the workman.
2012 LLR 1171
DELHI HIGH COURT

 Non- payment of retrenchment compensation will render the termination illegal.
2012 LLR 1205
ANDHRA PRADESH HIGH COURT

 Document(s) not produced in Labour Court can''t be allowed in High Court.
2012 LLR 1128
DELHI HIGH COURT

 Declining offer for resumption of duty will vitiate claim for reinstatement.
2012 LLR 1125
DELHI HIGH COURT

 Enquiry is vitiated for issuing charge-sheet after 8/9 years.
2012 LLR 1131
DELHI HIGH COURT

 A plea not in appeal cannot be allowed in review.
2012 LLR 1131
DELHI HIGH COURT

 Self employment would disentitle workman to receive full wages during pendency.
2012 LLR 1135
DELHI HIGH COURT

 Employing of less than 20 employees for Provident Fund Act is for the employer to prove.
2012 LLR 1168
KARNATAKA HIGH COURT

 75% deposit on EPF appeal is imperative only on challenging order under section 7A of the Act.
2012 LLR 1154
PUNJAB AND HARYANA HIGH COURT

 No functional integrality can be inferred merely for carrying same business.
2012 LLR 1139
PUNJAB AND HARYANA HIGH COURT

 Duties not designation are decisive whether an employee is a workman or not.
2012 LLR 1146
PUNJAB AND HARYANA HIGH COURT

 Non-compliance of illegal transfer is not abandonment.
2012 LLR 1146
PUNJAB AND HARYANA HIGH COURT

 Reinstatement is proper on non compliance of section 25F of I.D. Act.
2012 LLR 1152
PUNJAB AND HARYANA HIGH COURT

 Full compensation is justified for accident on total disablement.
2012 LLR 1184
DELHI HIGH COURT

 Reinstatement is improper after affirming the enquiry.
2012 LLR 1187
DELHI HIGH COURT

 Tribunals not bound by the strict rules of evidence.
2012 LLR 1181
DELHI HIGH COURT

 ''Building and other construction work'' includes cost of construction.
2012 LLR 1193
MADHYA PRADESH HIGH COURT

 Mere reliance on the report of EPF Enforcement Officer is not sufficient for coverage.
2012 LLR 1190
BOMBAY HIGH COURT

 No automatic reinstatement when enquiry is affirmed.
2012 LLR 1187
DELHI HIGH COURT

 Management can prove misconduct before Labour Court
2012 LLR 1176
DELHI HIGH COURT

 Award is to be interfered only when it is perverse.
2012 LLR 1176
DELHI HIGH COURT

 Asstt. PF Commissioner is not empowered to waive damages or interest.
2012 LLR 1212
CALCUTTA HIGH COURT

 Minimum Wages Act is Authority empowered to decide claim for lesser wages.
2012 LLR 1211
JHARKHAND HIGH COURT

 Dismissal of bank employee will not be interfered.
2012 LLR 1165
CALCUTTA HIGH COURT

 EPF Appellate Tribunal can correct only procedural mistakes in review.
2012 LLR 1131
DELHI HIGH COURT

 Only government can prohibit contract labour system.
2012 LLR 1156
MADRAS HIGH COURT

 Functional integrality only when there is inter-dependence.
2012 LLR 1139
PUNJAB AND HARYANA HIGH COURT

 Full back-wages on reinstatement not imperative when punishment is reduced.
2012 LLR 1187
DELHI HIGH COURT

 A cess is leviable on total cost of construction.
2012 LLR 1193
MADHYA PRADESH HIGH COURT

 A dispute relating to promotion cannot be covered by section 2-A of the I.D. Act.
2012 LLR 1219
MADRAS HIGH COURT

 An individual dispute becomes an industrial dispute if sponsored by the body of workers.
2012 LLR 1219
MADRAS HIGH COURT