IMPORTANT JUDGEMENTS for March 2014

IMPORTANT JUDGEMENTS

 Reinstatement with back-wages is not automatic even when termination is illegal.
2014 LLR 239
DELHI HIGH COURT

 Irresponsible government officials, in contesting the trivial labour disputes, will be liable to pay the expenditure personally.
2014 LLR 225
SUPREME COURT OF INDIA

 Neither Labour Court/Industrial Tribunal nor High Court is empowered to abolish contract labour system.
2014 LLR 244
CALCUTTA HIGH COURT

 Enquiry during pendency of identical legal proceeding, if stayed, is likely to be prolonged.
2014 LLR 226
SUPREME COURT OF INDIA

 ompensation payable to the dependents of a driver who was murdered by a co-driver in a quarrel.
2014 LLR 288
UTTARAKHAND HIGH COURT

 Acquittal by criminal court would not debar punishing an employee after holding an enquiry.
2014 LLR 319
SUPREME COURT OF INDIA

 District Manager, without managerial power, held to be a ''workman''.
2014 LLR 256
CALCUTTA HIGH COURT

 No limitation prescribed for raising an industrial dispute.
2014 LLR 305
ALLAHABAD HIGH COURT

 Industrial Tribunal cannot travel beyond terms of reference
2014 LLR 290
CALCUTTA HIGH COURT

 Reinstatement appropriate when retrenchment compensation not paid to a workman.
2014 LLR 282
ALLAHABAD HIGH COURT

 Provident Fund Authority cannot challenge order.
2014 LLR 255
CALCUTTA HIGH COURT

 Back-wages on reinstatement only when unemployment is pleaded.
2014 LLR 256
CALCUTTA HIGH COURT

 Rescinding exemption under Employees'' Provident Fund Act can be challenged in the EPF Appellate Tribunal.
2014 LLR 274
ALLAHABAD HIGH COURT

 Past conduct is relevant for imposing major penalty.
2014 LLR 267
JHARKHAND HIGH COURT

 Non supply of relevant documents can vitiate enquiry.
2014 LLR 275
ALLAHABAD HIGH COURT

 Several irregularities by bank officer would justify his dismissal.
2014 LLR 249
CALCUTTA HIGH COURT

 Documents as produced must be proved.
2014 LLR 275
ALLAHABAD HIGH COURT

 A writ petition is untenable due to unexplained inordinate delay.
2014 LLR 265
PUNJAB AND HARYANA HIGH COURT

 An enquiry must be held with open mind.
2014 LLR 275
ALLAHABAD HIGH COURT

 High Court to interfere when findings of lower court are perverse.
2014 LLR 249
CALCUTTA HIGH COURT

 Second show cause notice is imperative before imposing punishment.
2014 LLR 267
JHARKHAND HIGH COURT

 High Court can''t examine findings of facts in writ jurisdiction
2014 LLR 269
JHARKHAND HIGH COURT

 It is for workman to prove 240 days'' working in preceding 12 months
2014 LLR 265
PUNJAB AND HARYANA HIGH COURT

 Imposition of damages for delayed payment of ESI dues justified with supporting reasons.
2014 LLR 236
DELHI HIGH COURT

 Employment when proved, would justify compensation for accident.
2014 LLR 231
DELHI HIGH COURT

 Reinstatement appropriate when termination is prima facie illegal.
2014 LLR 270
MADHYA PRADESH HIGH COURT

 Labour Court/Tribunal can interfere if enquiry is violative of principles of natural justice.
2014 LLR 275
ALLAHABAD HIGH COURT

 Termination sans domestic enquiry or retrenchment compensation will be illegal.
2014 LLR 270
MADHYA PRADESH HIGH COURT

 High Court can reduce back-wages in case of no proof of unemployment.
2014 LLR 267
JHARKHAND HIGH COURT

 Nature of duties, not designation, will determine the status of ''workman''.
2014 LLR 256
CALCUTTA HIGH COURT

 It is for the workman to prove unemployment during interregnum.
2014 LLR 270
MADHYA PRADESH HIGH COURT

 Appointment letter is decisive to determine as to who is employer
2014 LLR 244
CALCUTTA HIGH COURT

 Contractor''s employees for milk transportation not covered under ESI Act.
2014 LLR 289
KARNATAKA HIGH COURT

 According consent for territorial jurisdiction would not be decisive factor.
2014 LLR 256
CALCUTTA HIGH COURT

 Quantum of compensation, in lieu of reinstatement, depends upon duration of service, paying capacity of employer and period of litigation etc.
2014 LLR 264
PUNJAB AND HARYANA HIGH COURT

 Quantum of compensation, in lieu of reinstatement, depends upon duration of service, paying capacity of employer and period of litigation etc.
2014 LLR 294
DELHI HIGH COURT

 Back-wages only when unemployment is proved by workman.
2014 LLR 305
ALLAHABAD HIGH COURT

 ack-wages in a belated dispute would be from the date of Award and not termination. 
2014 LLR 292
DELHI HIGH COURT

 An order of reference is quashed if made without application of mind.
2014 LLR 290
CALCUTTA HIGH COURT

 Provident Fund Authority cannot compel an employer to pay contribution to above prescribed ceiling.
2014 LLR 301
CALCUTTA HIGH COURT

 Resignation is initiated by employee and termination by employer.
2014 LLR 290
CALCUTTA HIGH COURT

 Resignation is initiated by employee and termination by employer.
2014 LLR 290
CALCUTTA HIGH COURT

 Setting aside dismissal of a driver guilty of rash driving and killing persons would be a misplaced sympathy
2014 LLR 308
MADRAS HIGH COURT

 Back-wages justified when termination is unjustified.
2014 LLR 270
MADHYA PRADESH HIGH COURT

 Defendant must know in advance as to what is to be defended.
2014 LLR 314
CALCUTTA HIGH COURT

 Compensation on accident, under ESI, is substantial than under Employees'' Compensation Act.
2014 LLR 315
MADRAS HIGH COURT

 Amendments of pleading are necessary to decide real controversy.
2014 LLR 323
DELHI HIGH COURT

 Compensation justified when there is nexus between accidental death and the employment.
2014 LLR 285
ANDHRA PRADESH HIGH COURT

 Burden of proof lies upon one who pleads the facts.
2014 LLR 282
ALLAHABAD HIGH COURT