Termination of workmen for theft of employer's property should not be set aside.
2008 LLR 231
SUPREME COURT OF INDIA
Reinstatement of a bus conductor allowing ticket-less passengers is to be set aside.
2008 LLR 225
SUPREME COURT OF INDIA
Benefits of a settlement arrived subsequent to VRS, will not be available to a person who has opted for VRS and received the package.
2008 LLR 227
SUPREME COURT OF INDIA
Termination of a bus conductor, not issuing tickets to 20 out of 48 passengers should not be interfered by courts.
2008 LLR 230
SUPREME COURT OF INDIA
In domestic enquiry, hearsay can be believed when it has reasonable nexus and credibility.
2008 LLR 231
SUPREME COURT OF INDIA
Full back-wages on reinstatement is not a natural consequence when termination is on procedural lapses.
2008 LLR 247
MADRAS HIGH COURT
No deemed confirmation of a probationer merely on lapse of prescribed period.
2008 LLR 240
ORISSA HIGH COURT
Loss of confidence by employer in employee can't be presumed by simple assertion.
2008 LLR 238
GUJARAT HIGH COURT
Abandonment of service is rightly presumed when the workman did not respond to offer of taking him back.
2008 LLR 256
DELHI HIGH COURT
A temple will be an '˜establishment' to be covered under the Payment of Gratuity Act.
2008 LLR 263
KARNATAKA HIGH COURT
Termination without conducting of enquiry or statutory compensation is liable to be set aside.
2008 LLR 284
HIMACHAL PRADESH HIGH COURT
A probationer appointed for one year which was extendable further, cannot attain permanency on completion of 850 days.
2008 LLR 300
MADRAS HIGH COURT
Mere affidavit will not be sufficient to prove 240 days of working in preceding twelve months.
2008 LLR 332
MADHYA PRADESH HIGH COURT
Merely because the order of dismissal is served at Bangalore, it will not create territorial jurisdiction for raising dispute.
2008 LLR 249
KARNATAKA HIGH COURT
Prosecution of an employer for non-payment of gratuity will not be quashed.
2008 LLR 243
JHARKHAND HIGH COURT
Award of Labour Court in setting aside punishment on cogent reasons will not be interfered.
2008 LLR 238
GUJARAT HIGH COURT
Continuous service of 240 days preceding twelve months of termination will be presumed if Management failed to produce record.
2008 LLR 265
MADRAS HIGH COURT
When witness of employer has accepted the claim for overtime, the order of Labour Court allowing it is not erroneous.
2008 LLR 269
GUJARAT HIGH COURT
Gratuity, leave encashment and bonus of an employee cannot be withheld by employer.
2008 LLR 259
DELHI HIGH COURT
In the absence of employer and employee relationship, complaint for unfair labour practice will not be tenable.
2008 LLR 261
BOMBAY HIGH COURT
Termination without approval even alleging to be non-stigmatic during pendency of an industrial dispute is to be set aside.
2008 LLR 275
RAJASTHAN HIGH COURT
Reinstatement with full back-wages would not be appropriate for a daily-wager.
2008 LLR 272
ALLAHABAD HIGH COURT
Issuing of tickets by conductor on instruction of checking staff cannot legalise the irregularity.
2008 LLR 230
SUPREME COURT OF INDIA
Assessment of evidence in a domestic enquiry is not required by applying the yardstick of Civil Court.
2008 LLR 231
SUPREME COURT OF INDIA
When the accident has occurred in the course of employment, employer has to pay compensation.
2008 LLR 276
CHHATTISGARH HIGH COURT
Dependents will be entitled to compensation when the workman died on duty.
2008 LLR 276
CHHATTISGARH HIGH COURT
In a dispute, government can't conclude that workman has not completed 240 days' continuous service.
2008 LLR 309
HIMACHAL PRADESH HIGH COURT
An ex-parte Award will not be set aside on the plea that the employer was not well to attend the Court.
2008 LLR 279
CALCUTTA HIGH COURT
When termination of a bus driver has been set aside, denial of back-wages would not be proper.
2008 LLR 293
ANDHRA PRADESH HIGH COURT
Removal of bus driver causing fatal accident and injuries to few others should not have been interfered.
2008 LLR 295
ANDHRA PRADESH HIGH COURT
No compensation is to be granted when deceased was not entitled to drive the tractor.
2008 LLR 327
KARNATAKA HIGH COURT
When there was no protest from workman against the procedure adopted at the enquiry, no prejudice can be presumed.
2008 LLR 318
BOMBAY HIGH COURT
Employees' Insurance Court erred in holding that the appellant ought to have deposited contribution on its own when there was no coverage.
2008 LLR 316
ANDHRA PRADESH HIGH COURT
ESI contribution on amount spent for repairs/maintenance not justified since the work was carried on by skilled and technical workers.
2008 LLR 329
KERALA HIGH COURT
Workman''s affidavit on not being gainfully employed is enough to claim wages during pendency of proceedings in higher court.
2008 LLR 328
RAJASTHAN HIGH COURT
Non-payment of retrenchment compensation, when workman worked for 240 days, will render the termination illegal.
2008 LLR 265
MADRAS HIGH COURT
Chief Inspector of Factories is not empowered in exempting a factory/industrial establishment from payment of overtime.
2008 LLR 262
GAUHATI HIGH COURT
On compliance of statutory condition by employer for filing appeal, depositing of gratuity should be restored.
2008 LLR 270
MADRAS HIGH COURT
Reinstatement with back-wages is not to be awarded, even when payment of retrenchment compensation is not paid.
2008 LLR 251
ANDHRA PRADESH HIGH COURT
A 20-years belated industrial dispute should not be entertained by any court.
2008 LLR 253
ANDHRA PRADESH HIGH COURT
In a domestic enquiry, guilt may not be established beyond reasonable doubt.
2008 LLR 231
SUPREME COURT OF INDIA
Government is not bound to refer a dispute for adjudication whenever a failure report is submitted.
2008 LLR 287
RAJASTHAN HIGH COURT
Merely that date of announcement was not notified, will not mean that Award was not proper.
2008 LLR 279
CALCUTTA HIGH COURT
Termination of a probationer, whose probation period was extended earlier, would not be punitive or stigmatic.
2008 LLR 300
MADRAS HIGH COURT
Owner cannot escape the liability for compensation for accidental death of driver on the plea that car was gratiously given to an unknown person.
2008 LLR 322
BOMBAY HIGH COURT
A person, who has been assigning work to a workman as a loader, will be liable for payment of compensation in accident.
2008 LLR 321
KARNATAKA HIGH COURT
Vitiating enquiry is erroneous on the ground that mother tongue of Enquiry Officer was not Marathi.
2008 LLR 318
BOMBAY HIGH COURT
Additional remuneration in the nature of incentive will attract ESI contributions.
2008 LLR 329
KERALA HIGH COURT
Dismissal of bus conductor, allowing passengers to travel without ticket, should not have been interfered.
2008 LLR 225
SUPREME COURT OF INDIA
When nothing has been shown for inordinate delay of 16 years in raising the dispute, it is to be rejected.
2008 LLR 287
RAJASTHAN HIGH COURT
An act of God provides no excuse for payment of accident compensation unless it is so unexpected that no reasonable human foresight could be presumed.
2008 LLR 276
CHHATTISGARH HIGH COURT
When the workman is represented in enquiry by the one who is well-versed in the English language, no prejudice is caused.
2008 LLR 318
BOMBAY HIGH COURT
Dependants can claim compensation where they reside and not necessarily where the accident occurred.
2008 LLR 321
KARNATAKA HIGH COURT
In the typical background of a case, it would be proper to restore the Award by setting aside on special cost.
2008 LLR 234
GUJARAT HIGH COURT
It is for the workman to prove that he has worked for 240 days preceding 12 months.
2008 LLR 332
MADHYA PRADESH HIGH COURT
Prosecution of Managing Director residing in Kolkata, for non-submission of returns under Contract Labour (R&A) Act, is liable to be quashed.
2008 LLR 271
JHARKHAND HIGH COURT
Full back-wages rightly awarded on reinstatement when the assertion of workman for unemployment not rebutted.
2008 LLR 284
HIMACHAL PRADESH HIGH COURT
