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JUDGMENTS OF JUNE 2011

 

  • Even if termination of a workman is illegal, reinstatement with back-wages is not automatic.
    LLR Raj. HC 654
  • When partners and employees are not common, clubbing of two establishments for coverage under Provident Fund Act not proper.
    LLR Cal. HC 597
  • Forfeiture of gratuity rightly set aside when termination is not for prescribed misconduct.
    LLR Bom. HC 638
  • Transport, washing, special allowances and incentives to all the employees' are wages and to be accounted for provident fund contributions.
    LLR Mad. HC 568
  • Summoning witnesses and requisitioning of documents in an enquiry without stating supporting reasons not justified.
    LLR Supreme Court 561
  • Back-wages not proper if appellant-employer was not given an opportunity for hearing.
    LLR Supreme Court 613
  • In disciplinary proceedings, the Court cannot act as an appellate court.
    LLR Supreme Court 634
  • Appeal, not writ petition, appropriate when aggrieved by coverage under ESI Act.
    LLR Mad. HC 573
  • Compensation in lieu of reinstatement appropriate when the workman not paid retrenchment compensation.
    LLR Chhat. HC 581
  • IIT is employer when exercising control and supervision upon hostel employees.
    LLR Mad. HC 591
  • In matters of punishment after an enquiry, the Courts have restricted powers of interference.
    LLR Supreme Court 634
  • A settlement providing that during its operation the workers will not raise any demand involving financial burden is valid.
    LLR Karn. HC 584
  • Deduction of wages of an employee will not be legal when no loss to employer is established.
    LLR P&H HC 579
  • Engaging 229 out of 441 workers as apprentices is not proper to deprive them from provident fund coverage.
    LLR Mad. HC 604
  • Reinstatement is not a rule of thumb on non-compliance of section 25F of the Industrial Disputes Act.
    LLR All. HC 631
  • Appeal, not writ petition, maintainable against the order under section 7-A of Provident Fund Act.
    LLR Cal. HC 657
  • Reinstatement should not have been granted to a fixed-term employee.
    LLR Supreme Court 637
  • No wages to workman who failed to join duty after revocation of suspension.
    LLR P&H HC 577
  • Termination of concerned workman during pendency of proceedings of a dispute is violative of section 33(1) of the I.D. Act.
    LLR Ori. HC 627
  • Dispute of workman for falsely stating that no criminal prosecution was pending against him was rightly dismissed.
    LLR Bom. HC 619
  • Prosecution under Factories Act for obstructing the Factory Inspector is misuse of the process of court.
    LLR Jhar. HC 620
  • Granting provisional reinstatement with 75% back-wages as interim relief by the Labour Court without adjudication is not proper.
    LLR Bom. HC 644
  • A settlement arrived otherwise than in the course of conciliation proceedings will bind only the parties to the settlement.
    LLR Guj. HC 659
  • Nature of duties, not designation, of an employee is the criterion to determine whether an employee is a workman or not.
    LLR Bom. HC 662
  • Explanation, not writ, will be appropriate to show cause notice from ESIC.
    LLR Mad. HC 573
  • Death due to insecticide poisoning on duty will be an industrial accident.
    LLR Karn. HC 588
  • Writ, instead of appeal, will be appropriate when two independent establishments are clubbed for applicability of Provident Fund Act.
    LLR Cal. HC 597
  • Stay of enquiry not proper for its delayed initiation.
    LLR Del. HC 614
  • Provident Fund Recovery Officers should wait for appeal period in recovery of dues against employers.
    LLR Guj. HC 602
  • Exemption application rightly rejected by the Provident Fund Authority when records, as directed, not produced.
    LLR Pat. HC 624
  • Asking for refund after 15 years of the amount as paid to the workman will be cruel.
    LLR All. HC 629
  • The words ‘riotous or disorderly’ mean that such acts must be tinged with violence, which causes a major disruption of the work.
    LLR Bom. HC 638
  • Common part-time Accountant for two establishments is not a factor for clubbing for coverage under Provident Funds.
    LLR Cal. HC 597
  • Overtime claim of the work under section 33-C (2) of the ID Act is rightly allowed.
    LLR Mad. HC 591
  • Interest to be paid on delayed payment of ESI contributions.
    LLR P&H HC 650
  • Object of Payment of Gratuity Act is to ensure that workman is rewarded for the honest service.
    LLR Bom. HC 638
  • Settlement, during conciliation proceedings, will be binding not only the parties of settlement but the other persons also as stipulated in the ID Act.
    LLR Guj. HC 659
  • Dismissal of a pharmacist proper when he was trying to steal drugs.
    LLR Jhar. HC 611
  

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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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