IMPORTANT JUDGEMENTS for December 2011

IMPORTANT JUDGEMENTS

 Dismissal of bank employee for proved charges will not be interfered.
2011 LLR 1233
SUPREME COURT OF INDIA

 Lock-out legal when workers admitted violence.
2011 LLR 1277
KARNATAKA HIGH COURT

 Dismissal even after retirement is not illegal when rules permit.
2011 LLR 1233
SUPREME COURT OF INDIA

 No mercy for embezzler deserves dismissal.
2011 LLR 1236
ALLAHABAD HIGH COURT

 Dismissal of habitual absentee is not too harsh.
2011 LLR 1243
KARNATAKA HIGH COURT

 Major penalty cannot be imposed without enquiry.
2011 LLR 1247
ALLAHABAD HIGH COURT

 Withdrawal of VRS option only before effective date.
2011 LLR 1251
GUJARAT HIGH COURT

 Abandonment can be presumed when daily wager fails to respond repeated offer.
2011 LLR 1256
DELHI HIGH COURT

 Conciliation Officer can record settlement but can''t adjudicate upon it.
2011 LLR 1262
BOMBAY HIGH COURT

 Reinstatement justified when resignation not unconditional.
2011 LLR 1259
GUJARAT HIGH COURT

 Acceptance of VRS after withdrawal request is not legal.
2011 LLR 1267
KARNATAKA HIGH COURT

 A daily wager is also entitled to protection under I.D. Act.
2011 LLR 1240
PUNJAB AND HARYANA HIGH COURT

 Accident claim against auto owner, who is wife of the injured driver, not tenable.
2011 LLR 1245
ANDHRA PRADESH HIGH COURT

 Denial of back-wages, on reinstatement to a workman needs re-consideration.
2011 LLR 1242
MADHYA PRADESH HIGH COURT

 No presumption for admission of charges can be drawn on non submission of explanation to charge-sheet.
2011 LLR 1247
ALLAHABAD HIGH COURT

 Back-wages on reinstatement justified when conviction of workman is set aside.
2011 LLR 1237
MADRAS HIGH COURT

 No fresh claim can be made after settlement of all dues.
2011 LLR 1265
MADRAS HIGH COURT

 Evidence can''t be re-appraised by High Court in writ jurisdiction.
2011 LLR 1233
SUPREME COURT OF INDIA

 Contractual employees are not entitled to regularisation.
2011 LLR 1235
SUPREME COURT OF INDIA

 Full relief through an interim order is illegal.
2011 LLR 1235
SUPREME COURT OF INDIA

 Punishment, without enquiry, will be violative of principles of natural justice.
2011 LLR 1247
ALLAHABAD HIGH COURT

 Levy of damages by ESIC, without show cause notice to employer, is illegal.
2011 LLR 1248
PUNJAB AND HARYANA HIGH COURT

 Delay beyond 120 days for filing appeal against Controlling Authority under Gratuity Act can''t be condoned.
2011 LLR 1250
GUJARAT HIGH COURT

 Reinstatement is proper when withdrawal of VRS before effective date was not accepted.
2011 LLR 1251
GUJARAT HIGH COURT

 Assaulting superior will stand proved when endorsed by several people.
2011 LLR 1257
ALLAHABAD HIGH COURT

 Labour Court erred in disbelieving the evidence in rejecting the claim of bus conductor.
2011 LLR 1273
DELHI HIGH COURT

 Only specified remedy can be availed by the aggrieved.
2011 LLR 1254
PUNJAB AND HARYANA HIGH COURT

 No reinstatement for daily wager even if he has worked for one year.
2011 LLR 1256
DELHI HIGH COURT

 ESIC will pay compensation when its member dies of heart attack in a private hospital.
2011 LLR 1271
KARNATAKA HIGH COURT

 Reinstatement is proper when employer failed to prove rash driving by bus driver.
2011 LLR 1264
ANDHRA PRADESH HIGH COURT

 Resignation, when ambiguous, can''t be acted upon. 
2011 LLR 1259
GUJARAT HIGH COURT

 Delayed appeal, without justification, can''t be condoned.
2011 LLR 1267
KARNATAKA HIGH COURT

 An employee not respecting his superiors, can''t be retained.
2011 LLR 1257
ALLAHABAD HIGH COURT

 ''Equal pay for equal work'' will not to apply when two units are in different parts of India .
2011 LLR 1269
JHARKHAND HIGH COURT

 Jurisdiction of civil court when barred, can'' be invoked.
2011 LLR 1254
PUNJAB AND HARYANA HIGH COURT

 50% back-wages appropriate when no effort made for finding job.
2011 LLR 1273
DELHI HIGH COURT

 Unemployment affidavit is must for claiming the last drawn wages during pendency of proceedings in the higher Court.
2011 LLR 1275
ALLAHABAD HIGH COURT

 Principle of ''no work, no-pay'' not applicable when the employee is willing to work.
2011 LLR 1247
ALLAHABAD HIGH COURT

 Workman to refund 50% of the wages received on false affidavit.
2011 LLR 1275
ALLAHABAD HIGH COURT

 No interference in dismissal of bus driver guilty of drunk driving.
2011 LLR 1277
KARNATAKA HIGH COURT

 Reinstatement is proper when retrenchment compensation not paid to workman.
2011 LLR 1280
MADHYA PRADESH HIGH COURT

 Enquiry is not vitiated merely because the Enquiry Officer could not prove his report before the Labour Court .
2011 LLR 1257
ALLAHABAD HIGH COURT

 When Rs. 8.50/- was found short, bus conductor can''t be punished for receiving fare and not issuing tickets.
2011 LLR 1273
DELHI HIGH COURT