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JUDGMENTS OF SEP 2011
  • No provident fund contributions on allowances even when forming part of minimum wages.
    LLR P&H HC (DB) 943
  • Termination of the workman for misappropriation not to be set aside.
    LLR All. HC 930
  • Dismissal for misbehaving and abusing the superior is not improper.
    LLR Karn. HC 934
  • No gratuity unless official quarter is vacated by the retired employee.
    LLR All. HC 924
  • Prosecution of factory officials other than Occupier and Manager to be quashed.
    LLR HP HC 945
  • A teacher being entitled to gratuity can get it w.e.f. 3.4.1997.
    LLR MP HC 980
  • Labour Court has erroneously inferred that manipulation could be negligence due to over work.
    LLR All. HC 930
  • Vitiating enquiry on ground of delinquent being unaware of its technicalities is wrong.
    LLR All. HC 923
  • Minimum and not last drawn wages is to be paid in terms of section 17B of I.D. Act.
    LLR All. HC 921
  • Principle of ‘no work, no wages’ not applicable if reinstated workman was not allowed to join.
    LLR P&H HC 918
  • Accident compensation is to be determined on minimum wages.
    LLR Karn. HC 934
  • Wages to be payable to a workman when not permitted to resume duties after acquittal.
    LLR Del. HC 901
  • Transfer of suspended bank employee not proper.
    LLR Cal. HC 947
  • Coverage under ESI Act to be quashed when there are only eight employees.
    LLR Mad. HC 963
  • Trainees are to be covered under Provident Fund Act.
    LLR Mad. HC 959
  • Termination of a bus conductor allowing 20 passengers without ticket but transferred from an accidental bus is wrongly upheld.
    LLR All. HC 971
  • Compensation, instead of reinstatement, is proper to a muster roll employee.
    LLR All. HC 973
  • Insurer can’t escape to pay compensation when the workman died at the spot.
    LLR HP HC 987
  • Non-intimation by workman that he was admitted in the hospital not a serious misconduct calling for dismissal.
    LLR AP HC 993
  • Concluding enquiry in one day without recording material evidence not proper.
    LLR All. HC 926
  • Condoning embezzlement of bus conductor would encourage others to indulge in such activities.
    LLR All. HC 923
  • Transfer of petitioner, that too on temporary basis, not to be interfered by court.
    LLR MP HC 916
  • No provident fund contributions attracted on payment made to contractor for karigars for knitting and printing.
    LLR Bom. HC 953
  • Casual workers not entitled to ‘equal pay for equal work’.
    LLR Del. HC 951
  • Termination for a few days of absence not justified.
    LLR All. HC 975
  • Compensation appropriate when over 24 years elapsed from the termination.
    LLR All. HC 975
  • Gratuity Act provides for entitlement of gratuity even prior to the enactment of Act.
    LLR Bom. HC 995
  • Establishments providing financial services come within purview of E P F Schemes.
    LLR Mad. HC 989
  • Insurer liable for payment of compensation only for injury caused in course of employment.
    LLR Karn. HC 939
  • 1% Cess under Cess Act is payable after 4.2.2009 in U.P.
    LLR All. HC 925
  • Penal rent to be charged for not vacating official quarter.
    LLR All. HC 924
  • Doctor’s evidence not necessary when Compensation Commissioner is satisfied with Certificate.
    LLR Guj. HC 912
  • Award of compensation not proper when fixation of electricity fuse was not allowed by deceased.
    LLR AP HC 931
  • Back-wages on reinstatement till superannuation without unemployment evidence is not proper.
    LLR MP HC 941
  • Delinquent to be heard when Disciplinary Authority differs with the findings of Enquiry Officer.
    LLR MP HC 941
  • Abandonment rightly presumed by Bank when employee remained on unauthorized absence for two years.
    LLR AP HC 967
  • Employees’ Insurance Court erred in discarding attendance registers scrutinized by ESI Inspector.
    LLR Mad. HC 963
  • For determining a person as an employee, it is to be seen whether he has an obligation to report for duty every day.
    LLR Bom. HC 953
  • Reinstated driver will be paid wages which are being paid to others.
    LLR Mad. HC 979
  • Labour Court is not empowered to review its own Award.
    LLR All. HC 975
  • Agents getting commission will be coverable employees under provident fund.
    LLR Mad. HC 989
  • Any misappropriation, even temporary, by a bank employee has to be viewed seriously.
    LLR Pat. HC 998
  • Withdrawal of relaxation by RPFC during pendency of exemption is liable to be set aside.
    LLR Del. HC 950
  • Disciplinary proceedings after acceptance of voluntary retirement are untenable.
    LLR AP HC 986
  • 30% back-wages, on reinstatement when workman not paid retrenchment compensation, is proper.
    LLR All. HC 969
  • Non cooperation with the Enquiry Officer will not amount to misconduct.
    LLR All. HC 975
  • Reinstatement has been erroneously awarded to a workman remaining un-intimated and unauthorized absence.
    LLR Guj. HC 905
  • Even when the punishment of dismissal or discharge is quashed, grant of back-wages is not automatic but subject to the discretion of the Labour Court.
    LLR Guj. HC 903
  • On differing with Enquiry Officer, Disciplinary Authority has to ask for show cause to delinquent.
    LLR Ori. HC 910
  • Dismissal is rendered void ab initio when its approval is declined.
    LLR Del. HC 897
 

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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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