IMPORTANT JUDGEMENTS for April 2016

IMPORTANT JUDGEMENTS

 Casual employees to be covered under ESI. 
2016 LLR 437
SUPREME COURT OF INDIA

 Chairman not managing day-to-day affairs can''t be prosecuted for violation of Minimum Wages Act.
2016 LLR 349
GUJARAT HIGH COURT

 If residential accommodation is not a condition of service, employees have no right to continue.
2016 LLR 425
SUPREME COURT OF INDIA

 Continuous unauthorized absenteeism will justify termination.
2016 LLR 353
PUNJAB AND HARYANA HIGH COURT

 Court cannot reject the reference of dispute.
2016 LLR 338
SUPREME COURT OF INDIA

 Workman can choose the Court/Forum to sue the employer
2016 LLR 337
SUPREME COURT OF INDIA

 Dismissal justified for negligence resulting into loss to employer.
2016 LLR 403
GAUHATI HIGH COURT

 No perversity in directing Regional Provident Fund Commissioner for identification of workers.
2016 LLR 375
GUJARAT HIGH COURT

 Gratuity cannot be denied even if employee does not claim for past service.
2016 LLR 370
MADRAS HIGH COURT

 Reinstatement of a Dy. Manager (Security) holding managerial position to be quashed.
2016 LLR 372
JHARKHAND HIGH COURT

 Reviewing authority under Provident Fund Act must pass speaking order.
2016 LLR 413
ORISSA HIGH COURT

 Plea not taken before EPF Tribunal not tenable in Writ Court.
2016 LLR 409
PUNJAB AND HARYANA HIGH COURT

 Dismissal of conductor for receiving fare and not issuing tickets is justified.
2016 LLR 429
DELHI HIGH COURT

 An employee empowered to select/ appoint persons, not a ''workman''.
2016 LLR 431
DELHI HIGH COURT

 Ex-parte enquiry is justified on failure of delinquent to participate.
2016 LLR 353
PUNJAB AND HARYANA HIGH COURT

 Getting extensions without murmur, the probationer can''t justify performance.
2016 LLR 340
DELHI HIGH COURT

 Clubbing of Samithi and Trust for coverage under Provident Fund Act is proper.
2016 LLR 387
KERALA HIGH COURT

 Penalty not justified when enquiry is biased.
2016 LLR 398
GAUHATI HIGH COURT

 Misconduct being foundation, termination of probationer will be illegal.
2016 LLR 385
GUJARAT HIGH COURT

 Preliminary finding of enquiry not to be challenged in Writ Petition.
2016 LLR 355
PUNJAB AND HARYANA HIGH COURT

 A Company is responsible through its officer, having ultimate control over its affairs.
2016 LLR 362
KARNATAKA HIGH COURT

 Termination of probationer on overall performance does not amount to removal as punishment.
2016 LLR 340
DELHI HIGH COURT

 Reinstatement justified on termination sans compensation.
2016 LLR 360
KARNATAKA HIGH COURT

 In domestic enquiry, charges are to be proved on preponderance of probabilities.
2016 LLR 403
GAUHATI HIGH COURT

 An enquiry sticking to natural justice, not to be interfered.
2016 LLR 403
GAUHATI HIGH COURT

 Gratuity can be forfeited only on termination for specified misconducts.
2016 LLR 370
MADRAS HIGH COURT

 Govt. can transfer industrial dispute from one Court to another.
2016 LLR 365
PUNJAB AND HARYANA HIGH COURT

 Unless 240 days working is proved by a workman, compliance of section 25F of I.D. Act is not needed.
2016 LLR 364
PUNJAB AND HARYANA HIGH COURT

 Denial of approval for dismissal of bus conductor not proper since standard is not rigid in enquiries.
2016 LLR 394
RAJASTHAN HIGH COURT

 Fairness of enquiry depends upon procedure followed in enquiry.
2016 LLR 406
DELHI HIGH COURT

 Official car driven by driver, creates presumption of his doing official work.
2016 LLR 419
BOMBAY HIGH COURT

 Nature of Duty determines whether employee is a ''workman'' or not.
2016 LLR 431
DELHI HIGH COURT

 Court can''t direct government to refer a dispute for adjudication.
2016 LLR 338
SUPREME COURT OF INDIA

 Monetary claim on existing right is tenable u/s 33C (2) of the I.D. Act.
2016 LLR 358
PUNJAB AND HARYANA HIGH COURT

 Plea of illness without a medical record is not tenable.
2016 LLR 353
PUNJAB AND HARYANA HIGH COURT

 Order of reference to be adjudicated even if parties don''t appear.
2016 LLR 356
PUNJAB AND HARYANA HIGH COURT

 Lump sum amount paid towards ''basic wages'' would attract Provident Fund contributions.
2016 LLR 345
DELHI HIGH COURT

 ESI Act is to be interpreted for benefits of employees.
2016 LLR 337
SUPREME COURT OF INDIA

 School will be an ''industry'' under Industrial Disputes Act. 
2016 LLR 360
KARNATAKA HIGH COURT

 Payment of gratuity is employer''s responsibility.
2016 LLR 370
MADRAS HIGH COURT

 Inconvenience is not a decisive factor while interpreting a statute.
2016 LLR 367
PATNA HIGH COURT

 Labour Court is to consider only whether procedure of enquiry was proper or not.
2016 LLR 406
DELHI HIGH COURT

 Employer must obtain approval from competent authority stipulated by Industrial Disputes Act.
2016 LLR 411
MADRAS HIGH COURT

 Interference by writ jurisdiction permissible if inference of Labour Court is perverse.
2016 LLR 419
BOMBAY HIGH COURT

 In case of violation of terms of lease, lessee will have locus standi to protest.
2016 LLR 425
SUPREME COURT OF INDIA