IMPORTANT JUDGEMENTS for February 2012

IMPORTANT JUDGEMENTS

 240 days'' service in a calendar year by a bank employee should be in one branch.
2012 LLR 113
SUPREME COURT OF INDIA

 Only occupier, not all Directors, are to be prosecuted for factory offence.
2012 LLR 186
PATNA HIGH COURT

 A Director, who had resigned, can''t be held liable for provident fund dues.
2012 LLR 158
KARNATAKA HIGH COURT

 ''Calendar year'' and ''block of twelve months'' are interchangeable.
2012 LLR 113
SUPREME COURT OF INDIA

 On judicial review, High Court should not sit as Appellate Authority.
2012 LLR 176
SUPREME COURT OF INDIA

 Dismissal of a Bank Officer should not have been interfered by the learned Single Judge.
2012 LLR 172
SUPREME COURT OF INDIA

 An interim order by Tribunal, can''t be challenged.
2012 LLR 115
SUPREME COURT OF INDIA

 Challenging coverage under Provident Funds without impleading employees not legal.
2012 LLR 126
MADRAS HIGH COURT

 Provident Fund contributions not attracted on compensation to a reinstated employee.
2012 LLR 133
MADRAS HIGH COURT

 Declaring ''protected workmen'' is not automatic process.
2012 LLR 166
KERALA HIGH COURT

 Recovering Provident Fund dues without prescribed procedure is set aside.
2012 LLR 122
BOMBAY HIGH COURT

 An enquiry not necessary when removal as per conditions of appointment.
2012 LLR 151
HIMACHAL PRADESH HIGH COURT

 A bank employee abandons job for his absence more than prescribed period.
2012 LLR 140
RAJASTHAN HIGH COURT

 Adjudicator, not High Court, to decide disputed ''employer-employee'' relationship.
2012 LLR 148
CALCUTTA HIGH COURT

 Industrial dispute, without espousal, not maintainable.
2012 LLR 148
CALCUTTA HIGH COURT

 No place, for generosity, while imposing punishment.
2012 LLR 143
RAJASTHAN HIGH COURT

 Gratuity cannot be withheld for want of no-objection certificate and for non-vacating of quarter.
2012 LLR 187
MADHYA PRADESH HIGH COURT

 Gratuity could not be withheld subject to conditions laid down in the statute.
2012 LLR 187
MADHYA PRADESH HIGH COURT

 Back-wages not proper when the workman did not make any effort to find employment during interregnum.
2012 LLR 200
GUJARAT HIGH COURT

 Enquiry to be interfered only when it is perverse.
2012 LLR 201
GAUHATI HIGH COURT

 Labour Court can''t travel beyond terms of reference.
2012 LLR 191
DELHI HIGH COURT

 Consultant doctors providing services for some hours not to be covered under Provident Funds Act.
2012 LLR 165
KERALA HIGH COURT

 Taking cognizance of factory inspector''s complaint by a Magistrate in filling up blanks to be quashed.
2012 LLR 154
JHARKHAND HIGH COURT

 Dismissal of workman for prolonged absence is proper.
2012 LLR 161
KARNATAKA HIGH COURT

 Reinstatement appropriate when transfer is illegal.
2012 LLR 130
MADRAS HIGH COURT

 Supervisor, exercising control upon other employees, not a ''workman''.
2012 LLR 123
GUJARAT HIGH COURT

 Enquiry by biased Enquiry Officer to be vitiated.
2012 LLR 138
PUNJAB AND HARYANA HIGH COURT

 Recovering EPF dues be only by adopting prescribed procedure.
2012 LLR 158
KARNATAKA HIGH COURT

 Abandonment rightly presumed on 22 months'' absence.
2012 LLR 178
DELHI HIGH COURT

 Holding of enquiry for long absence not imperative.
2012 LLR 178
DELHI HIGH COURT

 Reinstatement for a long absentee not justified.
2012 LLR 178
DELHI HIGH COURT

 Rejection of review application by the EPF Authority not proper merely because it is in the prescribed form.
2012 LLR 181
BOMBAY HIGH COURT

 It is for employer to decide as to when and where an employee should be transferred
2012 LLR 183
MADRAS HIGH COURT

 Assaulting and abusing a superior will amount to serious misconduct.
2012 LLR 116
ALLAHABAD HIGH COURT

 Development Officer, in an Insurance Company, will be a ''workman''.
2012 LLR 182
MADHYA PRADESH HIGH COURT

 Conveyance allowance is rightly held not ''wages'' to attract ESI contribution.
2012 LLR 172
MADRAS HIGH COURT

 Transfer to new employer without employee''s consent not proper.
2012 LLR 130
MADRAS HIGH COURT

 A contractor, employing less than 20 workmen, has not to obtain licence.
2012 LLR 148
CALCUTTA HIGH COURT

 Holding enquiry, without prescribed procedure, not legal.
2012 LLR 138
PUNJAB AND HARYANA HIGH COURT

 Non-disclosure of material information in the application for employment is a serious dereliction.
2012 LLR 143
RAJASTHAN HIGH COURT

 Apprentices under uncertified standing orders to be covered under Provident Fund Act.
2012 LLR 126
MADRAS HIGH COURT

 Mere submission of a list of "protected workmen" is not enough for declaration.
2012 LLR 166
KERALA HIGH COURT

 Evidence for proving misconduct can be produced if there is a request by employer.
2012 LLR 138
PUNJAB AND HARYANA HIGH COURT

 Reducing punishment by Labour Court must have reasons.
2012 LLR 143
RAJASTHAN HIGH COURT

 Termination of a daily wager, who completed 240 days'' service will be illegal if retrenchment compensation not offered.
2012 LLR 136
PUNJAB AND HARYANA HIGH COURT

 Court interferes with transfer only when tainted with malafide.
2012 LLR 183
MADRAS HIGH COURT

 For coverage under ''Chemical Industry'', as enumerated in Schedule I of EPF&MP Act, no notification is required.
2012 LLR 197
GUJARAT HIGH COURT

 Claim for gratuity upheld when employer failed to issue form ''M''.
2012 LLR 203
MADRAS HIGH COURT