Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Pkjain62
Service As Dgm-hr/legal
[email protected]
Sr.manager-hr Monarch Catalyst Pvt.ltd.
+3 Others

Dear All,

Wish you a very warm and joyful new year 2013.



May your journey always bring in many memorable times.

God bless you with love and care.

Please find Judgments reported in LLR January 2013.

Assaulting of lady supervisor will justify dismissal.

LLR Bom. HC 73

Unreasonable clause in a contract between parties who are not equal is violative of constitution of India.

LLR Cal. HC 96

No punishment for misconduct, if not committed within establishment.

LLR Guj. HC 29

Reinstatement of an employee, guilty of theft, is not proper.

LLR Gau. HC 86

Coverage under EPF Act on EO's report is not valid.

LLR Del. HC 1

Employer has primary liability to deposit its own and employees’ contributions.

LLR Ori. HC 39

Appeal before EPF Tribunal even in rejection of review.

LLR Jhar. HC 44

Coverage under EPF Act can’t be stalled by one owner merely by maintaining separate account books.

LLR Karn. HC 48

Forfeiture of gratuity only when dismissal is for prescribed misconduct under the Act.

LLR AP HC 47

Employer can adjust penal rent from the gratuity payable to an employee.

LLR Jhar. HC 92

Acquittal in the criminal trial is not binding upon Labour Court.

LLR Gau. HC 86

Labour Court can interfere with dismissal only when it is disproportionate to the misconduct.

LLR Bom. HC 73

Discipline is must for growth and prosperity of any institution.

LLR Bom. HC 73

Members of the Cooperative Society are not to be covered under Provident Fund Act.

LLR Mad. HC 34

VDA or DA forms part of minimum wages.

LLR Karn. HC 60

Abandonment rightly presumed when unauthorised absence is for more than specified period.

LLR P&H HC 9

Reinstatement is proper when misconduct committed outside the establishment.

LLR Guj. HC 29

RPFC is empowered to direct for production of documents.

LLR Del. HC 1

A non speaking order is not tenable.

LLR P&H HC 19

An order without hearing is not tenable.

LLR P&H HC 23

Undue leniency by Labour Court sends a wrong signal to other employees.

LLR Bom. HC 73

High Court will interfere with erroneous order of RPFC.

LLR Mad. HC 34

Looting of bus warrants criminal trial, not enquiry.

LLR Guj. HC 29

Provident Fund coverage without verifying record is to be quashed.

LLR Del. HC 1

An ex-parte order without ascertaining about service of summon be quashed.

LLR P&H HC 19

Reviewing authority must hear concerned party.

LLR P&H HC 23

An order passed without issuing notice to the parties is untenable.

LLR P&H HC 23

Workman has to prove 240 days of working.

LLR Guj. HC 24

A non-speaking order of EPF Tribunal will be unsustainable.

LLR P&H HC 15

Contractor exercising control over its workers will be employer paying the wages.

LLR P&H HC 11

Section 53 of the ESI Act not bars the claim for compensation against the third party.

LLR Karn. HC 57

Delay is not a bar for raising industrial disputes.

LLR Guj. HC 27

High Court can direct for payment of gratuity to an employee.

LLR Cal. HC 101

Reinstatement of part-time sweeper lying inebriated on the floor of bank is not proper.

LLR Ker. HC 81

100% compensation can be awarded despite doctor’s recommendation for 40% disability.

LLR MP HC 102

Rejection of gratuity appeal not proper when true copy was attached.

LLR Pat. HC 94

Dismissal after enquiry is proper when held ex-parte due to non-participation of workman.

LLR P&H HC 85

Termination can be challenged at the place where notice was received by the workman.

LLR Cal. HC 96

Gratuity can be calculated on higher rates when the rules so prescribe.

LLR Ker. HC 83

Review of order under section 7A of the EPF Act is permissible.

LLR P&H HC 23

Contract Labour (R&A) Act will not be applicable if employees engaged are less than 20.

LLR P&H HC 11

Compensation not reinstatement will be appropriate in a belated dispute.

LLR Guj. HC 27

Government has rightly rejected to refer a dispute for adjudication raised after 14 years.

LLR HP HC 93

Rejection of review by APFO without any reason is not legal.

LLR Jhar. HC 89

Employer can lead evidence before Labour Court when 151 employees dismissed without enquiry.

LLR Bom. HC 80

Strict rules of evidence not applicable in a domestic/departmental enquiry.

LLR Gau. HC 86

Challenging enquiry is not proper by a workman who did not participate.

LLR Karn. HC 105

Offence by a workman would not harm reputation of Company.

LLR Guj. HC 29

High Court will quash notification only if it is unconstitutional.

LLR Guj. HC 70

Denial of hearing is untenable when employer produces records.

LLR Pat. HC 68

Recovering EPF dues without prescribed procedure is set aside.

LLR Bom. HC 7

Procedure for enactment of law can’t be directed by High Court.

LLR Guj. HC 70

An Award by Tribunal is illegal when relationship of employer-employee not established.

LLR P&H HC 11

Relationship of employer and employee is to be proved by the latter.

LLR P&H HC 11

Functional integrality will club two firms for coverage under EPF Act.

LLR Karn. HC 48

Merely maintaining separate account books and tax registrations will not stall the prosecution.

LLR Karn. HC 48

An employee, guilty of theft, loses confidence of the Management.

LLR Gau. HC 86

Forfeiture of gratuity without show-cause notice is not proper.

LLR Ker. HC 83

From India, Mumbai
Wishing you too a very Happy New Year Korgaoker ji.
Thanks a lot for your contribution to the Cite HR members during the year 2012.
Hope we will have more & more fruitful discussion and guidance of yours during the years to come.
With Regards
PKJain

From India, Delhi
Dear Mr. korgaonkar k a Thank u so much for your contribution. May the New Year brings for you Happiness, Success & filled with Peace, Hope & togetherness of friends. Regards, r s dubey
From India, Jamshedpur
Dear Mr.Keshav Korgaonkar,
WISH YOU HAPPY NEW YEAR 2013.
Will it be possible to scan the monthly LLR MAGAZINE and publish in Cite HR?
I know it is difficult and time consuming process.
Pl.help if possible.
THANKS/REGARDS.
ARASU.R./KARUR/TAMILNADU

From India, Coimbatore
Dear Indian,
Yatr narystu pujte ramante tatr devta
Means Jaha nariyaan ka samaan hota ha, pooja hoti ha waha devta Niwas Karte ha
Aisa kehe jane wale is desh main usne pal-pal tadap kar apne praan tyag diye
Akhir kya kasoor tha uska…….!
Ki who ek ladki thi…….?
Ya who is desh main paida hui……..?
Kindly wake up…..
Aapke, mere aur hamare aas pass na jaane kitni aisi masum Damini, Sonali Mukherji etc. is gande khel ka shikar ho rahi ha. Samaj main panap rahi aur social evils i.e., female foeticide, dowry system ki tarah ye bhi ek gambhir samsya (major problem) ha.
Aao is nutan varsh (New Year) in social evils ko puri tarah khtam kare aur is sabhay samaj main nari ka wahi samaan kare jo is desh main pehle tha chahe who ek maa ho, behan ho, patni ho, beti ho, dost ho, ya fir ek aajnabi .
Taki fir Kisi Manavta ka katal na ha, aur na hi insanyit ki maut ho
Aur is desh ki nari apne aap ko surkshit mehsus kare, aur nirbhay hokar ghoom sake
Yahi us desh k

From India, Chandigarh
Dear Keshavji, Thanks for the continuous contributions at cite HR. It is really helpful and of great assistance to HR/IR personnel. Best Regards, Satishkumar
From India, Mumbai
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