.
 

.

 

 

   

 
JUDGMENTS OF APR 2011

  • Even after crossing initial period, a casual employee can’t claim permanency.
    LLR Supreme Court 337
  • A Balsewika working for honourarium is not a ‘workman’.
    LLR P&H HC 357
  • Compensation, not reinstatement, when retrenchment compensation not paid on termination.
    LLR Guj. HC 345
  • Gratuity Act will be applicable upon a Library.
    LLR Mad. HC 351
  • Repeated breaks would amount to unfair labour practice under I.D. Act.
    LLR P&H HC 359
  • Health of the citizens is the wealth of the nation.
    LLR Del. HC 366
  • Dismissal of appeal by EPF Tribunal without supporting reasons not proper.
    LLR Bom. HC 380
  • Reinstatement with back-wages is not a rule when termination of workman is held to be illegal.
    LLR P&H HC 406
  • 100% disability will be construed for accident compensation to a driver, even if he sustained 20-25% physical disability.
    LLR Del. HC 428
  • Dominant test for an establishment an 'industry' will be its activity.
    LLR Mad. HC 438
  • Employer-employee relationship under Bombay Industrial Relations Act and MRTU&PULP Act need further elucidation.
    LLR Supreme Court 374
  • Termination of a probationer not proper when Management has issued a show-cause notice.
    LLR HP HC 346
  • Interference by Civil Court only in exceptional cases when the findings of the Enquiry Officer are perverse.
    LLR Del. HC 341
  • Right to receive gratuity is a statutory right and it cannot be forfeited in every type of termination.
    LLR Bom. HC 343
  • In the absence of specific order of dismissal for riotous behaviour, forfeiture of gratuity not proper.
    LLR Mad. HC 416
  • Strike by doctors, etc. in AIIMS is illegal.
    LLR Del. HC 366
  • Termination on abusive language towards superiors not sustainable in the absence of indication of the words or gestures.
    LLR All. HC 361
  • Dismissal of bus conductor for misappropriation not to be interfered.
    LLR Karn. HC 412
  • Prosecution for MD and Chief Regional Manager for ERA violation not proper when they were not directly responsible.
    LLR Karn. HC 410
  • Prosecution of ladies for violation of CLRA Act liable to be quashed when they were not involved in business transactions.
    LLR Jhar. HC 424
  • Daily wagers not entitled to invoke doctrine of ‘equal work, equal pay’.
    LLR HP HC 402
  • Recovering EPF without affording an opportunity is violative of natural justice.
    LLR Uttr. HC 418
  • No automatic reinstatement merely because retrenchment compensation not paid at the time of termination.
    LLR Uttr. HC 419
  • Summoning of Chairman & Managing Director not proper merely that company’s witness has not answered questions.
    LLR Bom. HC 395
  • Director or the Managing Director of a company, receiving salary are coverable under ESI Act.
    LLR P&H HC 433
  • Withdrawal of recognition of a Trade Union without opportunity of hearing not proper.
    LLR Del. HC 376
  • Working Journalists Act etc. will prevail over Gratuity Act for gratuity to newspaper employees.
    LLR Supreme Court 426
  • Industrial Tribunal is not under obligation to call a witness suo motto for cross-examination.
    LLR MP HC 347
  • While challenging retrenchment, it is for the workman to prove 240 days’ working.
    LLR MP HC 349
  • Gratuity Act is special enactment with over-riding effect over the Provident Fund Act.
    LLR Mad. HC 351
  • Gratuity can’t be forfeited in the absence of disciplinary proceedings holding the employee guilty of specified misconduct.
    LLR Bom. HC 343 and 397
  • No one can coerce the willing workers and the doctors not to attend to the patients in Hospital.
    LLR Del. HC 366
  • Regularization of daily-wagers liable to be quashed.
    LLR Guj. HC 422
  • Calculating compensation @ Rs.2,500 per month not proper when the deceased admittedly was getting Rs.4,000.
    LLR Bom. HC 385
  • Allowing wages for not providing work after reinstatement of workman not illegal.
    LLR MP HC 405
  • Insurance Court has rightly held a non-profit making organization to deposit 50% of the claimed amount.
    LLR P&H HC 435
  • Removal from service for assaulting co-worker cannot be overlooked merely that the victim has back-tracked.
    LLR Mad. HC 438
  • Compensation (60% back-wages) in lieu of reinstatement appropriate, till retirement.
    LLR Ori. HC 354
  • Court will not normally sit in appeal over the findings arrived of by the Enquiry Officer.
    LLR Del. HC 341
  • Gratuity can’t be forfeited in the absence of misappropriation by an employee.
    LLR Bom. HC 343
  • For filing appeal under Gratuity Act, no extention by such subsequent period of 60 days.
    LLR Mad. HC 351
  • Reference of a belated dispute is liable to be quashed.
    LLR Del. HC 398
  • On re-employment also, gratuity is payable.
    LLR Bom. HC 382
  • Issuance of summons without adopting the procedure would be contrary to the procedural law.
    LLR Jhar. HC 424
  • An error of fact or law can’t be corrected in supervisory jurisdiction of the High Court.
    LLR P&H HC 435
  • Back-wages not proper to daily wagers on setting aside their termination.
    LLR Guj. HC 421
  • When an enquiry is found to be defective, the employer can adduce supporting evidence.
    LLR Bom. HC 386
  • Employees recruited for integrated rural programme will not acquire permanent status.
    LLR (SN) MP HC 445
  • Controlling Authority can allow higher interest on unpaid gratuity.
    LLR (SN) Chhat. HC 444
  • Dismissal for absence and going abroad without permission; not to be interfered.
    LLR (SN) Bom. HC 446
  • Termination of not medically unfit is rightly set aside.
    LLR (SN) Bom. HC 447
  • Denial of appointment to a handicapped person merely that her name was not sponsored by the employment exchange not justified.
    LLR (SN) Supreme Court 448
  • A railway porter required to work for railways; to be paid higher wages than casual worker.
    LLR (SN) Jhar. HC 448
  • Claim for overtime by a workman under section 33C(2) of the I.D. Act will not be tenable.
    LLR (SN) Mad. HC 443
  • Prosecution, for non production of record under Minimum Wages Act, will be tenable.
    LLR (SN) Pat. HC 443
 

.


  • An employee cannot be retired in the absence of specific clause in the appointment letter.
  • If the terms and conditions are not specified in the appointment letter, an employee will note be bound to abide by subsequent conditions.
  • Before availing leave, an employee has to apply and get it sanctioned.
  • When an employee is appointed for a fixed period, no notice or compensation will be payable on his termination.
  • An employee cannot be transferred only when there is a specific clause in the appointment letter.
  • Once a benefit is extended to an employee, it cannot be withdrawn by the employer.
  • House Rent Allowance and overtime payment does not attract provident funds contributions.
  • Absence/late coming, when habitual will justify dismissal from service.
 
         

Copyright © 2006 Labour Law Reporter. All rights reserved
This Website is Mentained by Webnet International