IMPORTANT JUDGEMENTS for April 2009

IMPORTANT JUDGEMENTS

 Freight, coolie account, ironing charges, labour charges etc. are rightly excluded from ''wages'' for ESI contributions.
2009 LLR 401
RAJASTHAN HIGH COURT

 Onus lies on claimant of compensation that the death resulted due to strenuous work
2009 LLR 350
SUPREME COURT OF INDIA

 Non-payment of retrenchment compensation will render the termination illegal.
2009 LLR 443
ALLAHABAD HIGH COURT

 Failure to prove to have worked for 240 days will not entitle reinstatement.
2009 LLR 425
PUNJAB AND HARYANA HIGH COURT

 Once settlement is signed by majority Union , it will be binding on all.
2009 LLR 375
KARNATAKA HIGH COURT

 Reduction of damages by Insurance Court , without any supporting reasons, will be set aside
2009 LLR 392
MADHYA PRADESH HIGH COURT

 Trade mark owner will also be an employer under Payment of Gratuity Act.
2009 LLR 420
MADRAS HIGH COURT

 When theft took place during duty hours of watchman, negligence stands proved
2009 LLR 383
MADRAS HIGH COURT

 A dispute by contract workers for regularisation cannot be referred for adjudication
2009 LLR 356
DELHI HIGH COURT

 A hotel, employing even above 10 workers using freezer and cooler, not to be covered under ESI Act.
2009 LLR 361
BOMBAY HIGH COURT

 Acceptance of payments after resignation will debar an employee alleging it to be under duress.
2009 LLR 427
DELHI HIGH COURT

 Dismissal for not achieving norms of productivity is justified
2009 LLR 366
MADRAS HIGH COURT

 Interim injunction, merely on apprehension about removing raw material and the machinery, liable to be vacated.
2009 LLR 416
MADRAS HIGH COURT

 Non-Governmental educational institutions are bound to pay gratuity to its employees
2009 LLR 401
RAJASTHAN HIGH COURT

 A delinquent employee, who fails to participate in the enquiry, can''t allege that the notice was not published in newspaper.
2009 LLR 344
SUPREME COURT OF INDIA

 A settlement with the Union of workers, will be binding upon all members
2009 LLR 366
MADRAS HIGH COURT

 An employer, aggrieved with the findings of the ESI Authorities, can approach Insurance Court .
2009 LLR 404
JHARKHAND HIGH COURT

 Merely by registration, a trade union does not become an Authority under Article 12 of Constitution of India
2009 LLR 414
MADRAS HIGH COURT

 Compensation to the dependents of watchman who died by falling from chair will be quashed.
2009 LLR 390
ORISSA HIGH COURT

 Freezer and cooler, run with power in a hotel, don''t come within ''manufacturing processes'' of the Factories Act.
2009 LLR 361
BOMBAY HIGH COURT

 High Court is not to interfere with justifiability of an enquiry.
2009 LLR 426
GUJARAT HIGH COURT

 No compensation to the claimant of deceased died due to electrocution but not during the course of employment.
2009 LLR 370
MADRAS HIGH COURT

 Reinstatement without back wages appropriate when employer declined to take workman after sickness
2009 LLR 418
RAJASTHAN HIGH COURT

 Disputes relating to election of trade unions can be challenged only in Civil Court
2009 LLR 414
MADRAS HIGH COURT

 A dispute, raised after 13 years by a casual worker, is rightly rejected.
2009 LLR 398
ALLAHABAD HIGH COURT

 For extending benefits of settlement with majority Union , other members can''t be insisted for signing.
2009 LLR 375
KARNATAKA HIGH COURT

 High Court will interfere with Award of Labour Court only when it is perverse.
2009 LLR 366
MADRAS HIGH COURT

 Reinstatement with full back-wages is appropriate when termination is without permission.
2009 LLR 410
RAJASTHAN HIGH COURT

 Regulation of Bank of Baroda contemplates voluntary retirement only after having completed 15 years of service. (SN)
2009 LLR 438
SUPREME COURT OF INDIA

 Insurer cannot be liable for accident compensation when policy excludes contractor''s employees.(SN
2009 LLR 438
KERALA HIGH COURT

 High Court will interfere only when punishment is totally disproportionate and unconscionable.
2009 LLR 443
ANDHRA PRADESH HIGH COURT

 No earned leave on reinstatement with back wages unless specifically granted
2009 LLR 363
BOMBAY HIGH COURT

 A decent balance needs to be maintained for protecting the interest of the employees and the Bank.
2009 LLR 443
ALLAHABAD HIGH COURT

 Workmen''s Compensation Act does not provide for review of Commissioner''s order. (SN)
2009 LLR 443
ALLAHABAD HIGH COURT

 A vehicle when insured, the insurer is liable to indemnify the accident compensation. (SN)
2009 LLR 442
KARNATAKA HIGH COURT

 Compensation Commissioner can award interest after 30 days of adjudication.
2009 LLR 442
KARNATAKA HIGH COURT

 For denying compensation, burden lies on the employer to prove that accident has no connection with employment.
2009 LLR 444
KERALA HIGH COURT

 Reinstatement with back wages can be substituted into damages
2009 LLR 442
ALLAHABAD HIGH COURT