Reinstatement not proper even when the dismissal of the workman is set aside.
2009 LLR 1281
SUPREME COURT OF INDIA
Under section 25 FF of Industrial Disputes Act, transferor has to pay compensation.
2009 LLR 1320
SUPREME COURT OF INDIA
Termination of a doctor for unauthorised absence, without holding enquiry, would not be sustainable.
2009 LLR 1318
SUPREME COURT OF INDIA
Full back wages not automatic when termination is set aside hence, 50% back-wages.
2009 LLR 1318
SUPREME COURT OF INDIA
When a workman is guilty of serious lapses, he will not be posted on sensitive nature job.
2009 LLR 1296
BOMBAY HIGH COURT
25% to 50% disability of a workman in an accident will be treated as total disablement.
2009 LLR 1293
ANDHRA PRADESH HIGH COURT
When the employee establishes his working prior to his letter of appointment, termination of his probationary services liable to be set aside.
2009 LLR 1284
DELHI HIGH COURT
Granting relief to bus conductor for not issuing tickets, amounts to misplaced sympathy.
2009 LLR 1299
KARNATAKA HIGH COURT
Merely because the workman is gravely ill or is suffering from a chronic disease, it would not ipso-facto be ''continued ill-health''.
2009 LLR 1304
PUNJAB AND HARYANA HIGH COURT
There will be no ceiling for the employees of SAIL for gratuity since they are having an agreement with the Management to this effect.
2009 LLR 1312
BOMBAY HIGH COURT
Reinstatement is liable to be set aside when the workman has worked only for six months.
2009 LLR 1311
BOMBAY HIGH COURT
No regularisation of a ward boy can be made by the Court.
2009 LLR 1308
BOMBAY HIGH COURT
Labour Court should not have declined to grant approval for dismissal of a driver guilty of causing fatal accident.
2009 LLR 1287
DELHI HIGH COURT
Compensation, in lieu of reinstatement, would be appropriate as decided by the Labour Court.
2009 LLR 1284
DELHI HIGH COURT
Reinstatement with full back-wages is not the rule of thumb when there is violation of section 25-F of the I.D. Act.
2009 LLR 1294
MADHYA PRADESH HIGH COURT
Death of an employee due to heart attack can''t be construed as an accident under the Workmen''s Compensation Act.
2009 LLR 1303
CALCUTTA HIGH COURT
Dismissal of a bus conductor, for not issuing tickets, is justified.
2009 LLR 1299
KARNATAKA HIGH COURT
An employer, who in auction buys an establishment covered under the EPF Act, would not be liable for payment of arrears, along with the transferor.
2009 LLR 1289
BOMBAY HIGH COURT
Remaining on leave or remaining absent by a workman does not prove that he is incapable of performing his duties.
2009 LLR 1304
PUNJAB AND HARYANA HIGH COURT
Payment of Gratuity Act, in its section 4 (5), protects the gratuity if it happens to be better.
2009 LLR 1312
BOMBAY HIGH COURT
Reinstatement should not have been granted to a habitual absentee
2009 LLR 1326
JHARKHAND HIGH COURT
No full back-wages, when workmen did not plead that they were not gainfully employed.
2009 LLR 1322
ALLAHABAD HIGH COURT
For recovery of money, stoppage of an increment with cumulative effect is appropriate punishment.
2009 LLR 1296
BOMBAY HIGH COURT
In the absence of any perversity in punishment, High Court will not interfere.
2009 LLR 1296
BOMBAY HIGH COURT
Personal hearing is redundant when the workman stated that he did not want any such hearing.
2009 LLR 1296
BOMBAY HIGH COURT
Expression "being carried on in the vehicle" would include activity of loading and unloading also hence the insurer cannot avoid liability of compensation.
2009 LLR 1291
KARNATAKA HIGH COURT
Mere acquittal should not have led the Labour Court to refuse to grant approval for dismissal.
2009 LLR 1287
DELHI HIGH COURT
Termination is rightly set aside when the employer failed to prove that the employee was engaged on probation.
2009 LLR 1284
DELHI HIGH COURT
When the doctor is not examined, it can''t be believed that the workman died of heart attack.
2009 LLR 1303
CALCUTTA HIGH COURT
Non-confirmation of a driver amounted to victimisation and discrimination when juniors are promoted.
2009 LLR 1301
ALLAHABAD HIGH COURT
Calculation of dues as made by Dy. Labour Commissioner will not be interfered.
2009 LLR 1301
ALLAHABAD HIGH COURT
Imposition of punishment is the right of employer and courts rarely interfere.
2009 LLR 1299
KARNATAKA HIGH COURT
''Continued ill-health'' of a workman is not the disordered physical condition to pass the test of its definition.
2009 LLR 1304
PUNJAB AND HARYANA HIGH COURT
Non-executive employees of SAIL will be entitled to higher gratuity by virtue of agreement than that available under the Act.
2009 LLR 1312
BOMBAY HIGH COURT
An Award cannot be passed by launching of prosecution against the employer unless the workman supplies details of employer''s assets.
2009 LLR 1316
DELHI HIGH COURT
Ex-parte enquiry rightly held when the workman failed to participate.
2009 LLR 1296
BOMBAY HIGH COURT
When an Award is based on record, High Court will not interfere.
2009 LLR 1301
ALLAHABAD HIGH COURT
Employees'' Provident Fund Act has been enacted for the benefit of workers.
2009 LLR 1289
BOMBAY HIGH COURT
SAIL is neither the government department nor its employees are government employees.
2009 LLR 1312
BOMBAY HIGH COURT
Non-production of eye witness in an accident resulting into death of a cyclist will not absolve the bus driver.
2009 LLR 1287
DELHI HIGH COURT
Unless findings are based on no material or perversity, Labour Courts are the final courts pertaining to fact finding.
2009 LLR 1284
DELHI HIGH COURT
Differential treatment based on intelligible differentia is permissible under the Constitution of India.
2009 LLR 1312
BOMBAY HIGH COURT
High Court will not interfere in clear findings of Labour Court.
2009 LLR 1322
ALLAHABAD HIGH COURT
Labour Court should not have upheld the punishment of workman against whom the charges were not properly proved.
2009 LLR 1324
PUNJAB AND HARYANA HIGH COURT
