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JUDGMENTS OF DEC 2011


  • Dismissal of bank employee for proved charges will not be interfered.
    LLR Supreme Court 1233
  • Lock-out legal when workers admitted violence.
    LLR P&H HC 1277
  • Dismissal even after retirement is not illegal when rules permit.
    LLR Supreme Court 1233
  • No mercy for embezzler deserves dismissal.
    LLR All. HC 1236
  • Dismissal of habitual absentee is not too harsh.
    LLR Karn. HC 1243
  • Major penalty cannot be imposed without enquiry.
    LLR All. HC 1247
  • Withdrawal of VRS option only before effective date.
    LLR Guj. HC 1251
  • Abandonment can be presumed when daily wager fails to respond repeated offer.
    LLR Del. HC 1256
  • Conciliation Officer can record settlement but can’t adjudicate upon it.
    LLR Bom. HC 1262
  • Reinstatement justified when resignation not unconditional.
    LLR Guj. HC 1259
  • Acceptance of VRS after withdrawal request is not legal.
    LLR Karn. HC 1267
  • A daily wager is also entitled to protection under I.D. Act.
    LLR P&H HC 1240
  • Accident claim against auto owner, who is wife of the injured driver, not tenable.
    LLR AP HC 1245
  • Denial of back-wages, on reinstatement to a workman needs re-consideration.
    LLR MP HC 1242
  • No presumption for admission of charges can be drawn on non submission of explanation to charge-sheet.
    LLR All. HC 1247
  • Back-wages on reinstatement justified when conviction of workman is set aside.
    LLR Mad. HC 1237
  • No fresh claim can be made after settlement of all dues.
    LLR Mad. HC 1265
  • Evidence can’t be re-appraised by High Court in writ jurisdiction.
    LLR Supreme Court 1233
  • Contractual employees are not entitled to regularisation.
    LLR Supreme Court 1235
  • Full relief through an interim order is illegal.
    LLR Supreme Court 1235
  • Punishment, without enquiry, will be violative of principles of natural justice.
    LLR All. HC 1247
  • Levy of damages by ESIC, without show cause notice to employer, is illegal.
    LLR P&H HC 1248
  • Delay beyond 120 days for filing appeal against Controlling Authority under Gratuity Act can’t be condoned.
    LLR Guj. HC 1250
  • Reinstatement is proper when withdrawal of VRS before effective date was not accepted.
    LLR Guj. HC 1251
  • Assaulting superior will stand proved when endorsed by several people.
    LLR All. HC 1257
  • Labour Court erred in disbelieving the evidence in rejecting the claim of bus conductor.
    LLR Del. HC 1273
  • Only specified remedy can be availed by the aggrieved.
    LLR P&H HC 1254
  • No reinstatement for daily wager even if he has worked for one year.
    LLR Del. HC 1256
  • ESIC will pay compensation when its member dies of heart attack in a private hospital.
    LLR Karn. HC 1271
  • Reinstatement is proper when employer failed to prove rash driving by bus driver.
    LLR AP HC 1264
  • Resignation, when ambiguous, can’t be acted upon.
    LLR Guj. HC 1259
  • Delayed appeal, without justification, can’t be condoned.
    LLR Karn. HC 1267
  • An employee not respecting his superiors, can’t be retained.
    LLR All. HC 1257
  • ‘Equal pay for equal work’ will not to apply when two units are in different parts of India.
    LLR Jhar. HC 1269
  • Jurisdiction of civil court when barred, can’ be invoked.
    LLR P&H HC 1254
  • 50% back-wages appropriate when no effort made for finding job.
    LLR Del. HC 1273
  • Unemployment affidavit is must for claiming the last drawn wages during pendency of proceedings in the higher Court.
    LLR All. HC 1275
  • Principle of ‘no work, no-pay’ not applicable when the employee is willing to work.
    LLR All. HC 1247
  • Workman to refund 50% of the wages received on false affidavit.
    LLR All. HC 1275
  • No interference in dismissal of bus driver guilty of drunk driving.
    LLR Karn. HC 1277
  • Reinstatement is proper when retrenchment compensation not paid to workman.
    LLR MP HC 1280
  • Enquiry is not vitiated merely because the Enquiry Officer could not prove his report before the Labour Court.
    LLR All. HC 1257
  • When Rs. 8.50/- was found short, bus conductor can’t be punished for receiving fare and not issuing tickets.
    LLR Del. HC 1273
 

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  • 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.
 
         

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