IMPORTANT JUDGEMENTS for May 2016

IMPORTANT JUDGEMENTS

 Deduction for union contribution not justified when employee is not a member. and Deduction of wages only on written authorisation of employee.
2016 LLR 512
PUNJAB AND HARYANA HIGH COURT

 A Pujari in a temple is not a 'workman' under ID Act. and Burden to prove a plea is upon the party who pleaded before the court.
2016 LLR 511
PUNJAB AND HARYANA HIGH COURT

 Non-compliance of section 25F of ID Act renders termination illegal. and Compensation not reinstatement appropriate when post was abolished.
2016 LLR 513
PUNJAB AND HARYANA HIGH COURT

 Misappropriation by bank officer is a grave and serious misconduct justifying dismissal. and Quantum of punishment is within jurisdiction of disciplinary authority.
2016 LLR 556
GAUHATI HIGH COURT

 Mere denial of employer-employee relationship is not enough to oust the jurisdiction of the Labour Court.
2016 LLR 549
BOMBAY HIGH COURT

 Appeal against Compensation Commissioner lies only on perversity.
2016 LLR 546
KARNATAKA HIGH COURT

 There is no prohibition for blood relatives to be employer and employee.
2016 LLR 543
KARNATAKA HIGH COURT

 An ex-parte Award to be set aside when employer not served summons.
2016 LLR 542
PUNJAB AND HARYANA HIGH COURT

 Mere designation of Branch Manager not to exclude her being 'workman' when she was working as a clerk.
2016 LLR 535
KERALA HIGH COURT

 Death by sun stroke will be 'accident' under Compensation Act.
2016 LLR 532
JHARKHAND HIGH COURT

 Reinstatement not compensation appropriate when employer gives breaks in service to the part-time workman. and Even a part-time employee can't be dismissed without complying section 25F of the ID Act. and Issuing appointment letter showing repeated breaks amounts to unfair labour practice.
2016 LLR 537
PUNJAB AND HARYANA HIGH COURT

 Contract labour system can be carried on until prohibited by notification. and Only industrial adjudicator to decide whether contract labour system is ruse/camouflage. and Contract labour can be sham when workers were performing jobs of perennial nature and contractors were changed.
2016 LLR 515
KARNATAKA HIGH COURT

 Unless controverted unemployment, employer has to pay wages during pendency of proceedings.
2016 LLR 501
GUJARAT HIGH COURT

 Transfer of an employee is justified when not mala fide.
2016 LLR 498
BOMBAY HIGH COURT

 Accident compensation by an ESI member can't be claimed from employer.
2016 LLR 496
BOMBAY HIGH COURT

 Dismissal is justified for misappropriation and theft by an employee. and Enquiry to be vitiated when instead of allowing opportunity for cross-examination to the delinquent, Enquiry Officer himself asked questions. and No misplaced sympathy when misappropriation and theft is proved.
2016 LLR 492
DELHI HIGH COURT

 Adverse inference appropriate when employer fails to produce attendance/ wages register and other service record. and Burden of proof lies on who has knowledge in support of his pleading. and Burden of proof lies on person who so pleads.
2016 LLR 487
DELHI HIGH COURT

 Dismissal for fraud not justified when other three accomplices were not punished.
2016 LLR 485
SUPREME COURT OF INDIA

 Forfeiture of gratuity for moral turpitude only on conviction.
2016 LLR 484
KARNATAKA HIGH COURT

 Appeal against Controlling Authority lies only on deposit of decreed amount.
2016 LLR 483
KARNATAKA HIGH COURT

 Limitation Act not applicable to industrial disputes.
2016 LLR 477
KARNATAKA HIGH COURT

 Employees engaged by contractor are covered under provident fund.
2016 LLR 473
ORISSA HIGH COURT

 Reinstatement with back-wages appropriate when enquiry is vitiated.
2016 LLR 471
CALCUTTA HIGH COURT

 Artificial break in service amounts to unfair labour practice.
2016 LLR 469
CHHATTISGARH HIGH COURT

 Act of misappropriation not dissolved-making by deposit of money later on. and Termination for misappropriation by employee is justified. and Employee guilty of embezzlement loses confidence of employer.
2016 LLR 463
PUNJAB AND HARYANA HIGH COURT

 Pleas of abandonment untenable when workman has sent a demand notice immediately on her termination. and Reinstatement appropriate when termination is violative of ID Act. and Termination of employee without charge-sheet and enquiry is illegal.
2016 LLR 461
PUNJAB AND HARYANA HIGH COURT

 Transfer of an employee of transferable post is an incident of service. and It is prerogative of the employer as to who should be transferred. and No relief to be granted if transferred employee fails to report for duty. and Asking employee to work from one machine to other is no change in conditions of service.
2016 LLR 456
DELHI HIGH COURT

 No provident fund contributions by school for contractor's bus staff. and Employees receiving wages from contractor not entitled to be employees of principal employer i.e. the school.
2016 LLR 451
DELHI HIGH COURT

 Court can't reduce quantum of fine prescribed for violation of ESI Act.
2016 LLR 449
SUPREME COURT OF INDIA