IMPORTANT JUDGEMENTS for December 2012

IMPORTANT JUDGEMENTS

 Dismissal of drunken bus driver misbehaving with passengers is justified.
2012 LLR 1245
KARNATAKA HIGH COURT

 Coverage of hotel under Provident Fund Act with over 20 employees can''t be quashed.
2012 LLR 1238
KARNATAKA HIGH COURT

 No reinstatement of a workman guilty of temporary misappropriation.
2012 LLR 1267
BOMBAY HIGH COURT

 It is for contractor, not principal employer, to terminate services of contract workers.
2012 LLR 1249
ALLAHABAD HIGH COURT

 Furnishing of EPF Enforcement Officer report is imperative.
2012 LLR 1268
BOMBAY HIGH COURT

 Reinstatement is not always followed by full-back wages.
2012 LLR 1267
BOMBAY HIGH COURT

 A resignation can be withdrawn before acceptance
2012 LLR 1276
ALLAHABAD HIGH COURT

 A teacher lacking character, will be like salt without its savour.
2012 LLR 1260
DELHI HIGH COURT

 Limitation Act is not applicable to the proceedings under Industrial Disputes Act.
2012 LLR 1233
DELHI HIGH COURT

 18 years unblemished service is relevant for imposing punishment.
2012 LLR 1265
BOMBAY HIGH COURT

 Refusal of duties amounts to termination of workmen.
2012 LLR 1257
DELHI HIGH COURT

 Reinstatement appropriate if termination sans natural justice.
2012 LLR 1233
DELHI HIGH COURT

 Termination on illegal allegation of obtaining employment on forged papers would be unjustified.
2012 LLR 1233
DELHI HIGH COURT

 Tests to determine an employer are who pays the salary and supervises the work.
2012 LLR 1249
ALLAHABAD HIGH COURT

 No increment on reinstatement without back-wages.
2012 LLR 1241
KARNATAKA HIGH COURT

 Appeal, not writ, is appropriate for challenging EPF Order.
2012 LLR 1248
UTTARAKHAND HIGH COURT

 Extension of limitation for EPF appeal not beyond 60 days.
2012 LLR 1248
UTTARAKHAND HIGH COURT

 Claim for overtime needs adjudication.
2012 LLR 1242
KARNATAKA HIGH COURT

 ''No work, no pay'' formula also applies for awarding back wages on reinstatement.
2012 LLR 1267
BOMBAY HIGH COURT

 Self employment in agriculture would be gainful employment.
2012 LLR 1276
ALLAHABAD HIGH COURT

 Termination notice can be inferred from correspondence.
2012 LLR 1269
BOMBAY HIGH COURT

 Concept of ''continuous service'' of 240 days is not relevant in contract labour system.
2012 LLR 1249
ALLAHABAD HIGH COURT

 High Court should not interfere with the interim orders.
2012 LLR 1269
BOMBAY HIGH COURT

 Girl students, should not be exposed to tardy process of cross-examination if charges pertain to modesty.
2012 LLR 1260
DELHI HIGH COURT

 Retrenchment compensation imperative on termination on 240 days service.
2012 LLR 1233
DELHI HIGH COURT

 Lesser punishment awarded to others is no ground to interfere.
2012 LLR 1246
GUJARAT HIGH COURT

 Burden of proof lies on the party who pleads something.
2012 LLR 1249
ALLAHABAD HIGH COURT

 Judicial or quasi judicial bodies should pass a speaking order.
2012 LLR 1274
ORISSA HIGH COURT

 Only decision-making process to be reviewed under Article 226.
2012 LLR 1272
JHARKHAND HIGH COURT

 Mere pendency of writ petition for ten years is not a ground for its acceptance.
2012 LLR 1260
DELHI HIGH COURT

 Unauthorised and/or unintentional absenteeism cannot be equated.
2012 LLR 1265
BOMBAY HIGH COURT

 No presumption of service when letter sent through UPC.
2012 LLR 1276
ALLAHABAD HIGH COURT

 Dismissal disproportionate to the misconduct can be set aside.
2012 LLR 1265
BOMBAY HIGH COURT

 Termination for disablement is illegal when employee has so worked for 10 years
2012 LLR 1255
DELHI HIGH COURT

 ompensation instead of reinstatement appropriate when establishment is closed.
2012 LLR 1257
DELHI HIGH COURT

 No abandonment unless the employer calls back the workmen.
2012 LLR 1257
DELHI HIGH COURT

 Failure to prove charges would render termination as illegal.
2012 LLR 1233
DELHI HIGH COURT

 High Court would not interfere with punishment as upheld by Reviewing Authority.
2012 LLR 1246
GUJARAT HIGH COURT

 Severe punishment justified for drunk driving endangering lives of passengers.
2012 LLR 1245
KARNATAKA HIGH COURT

 PF order can be reviewed only within 45 days.
2012 LLR 1248
UTTARAKHAND HIGH COURT

 Writ instead of appeal before the EPF Tribunal untenable.
2012 LLR 1272
JHARKHAND HIGH COURT

 Division Bench not to interfere with dismissal of a workman upheld by Single Judge.
2012 LLR 1245
KARNATAKA HIGH COURT

 Compensation in lieu of reinstatement will be proper.
2012 LLR 1255
DELHI HIGH COURT

 High Court to interfere with an Award when perverse.
2012 LLR 1257
DELHI HIGH COURT

 Contract workers can get relief only when the system is sham.
2012 LLR 1249
ALLAHABAD HIGH COURT

 Success of educational process depends on the teachers.
2012 LLR 1260
DELHI HIGH COURT

 Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act not applicable to private sector.
2012 LLR 1255
DELHI HIGH COURT