Dear All,

Please find the Judgements reported in LLR February 2013.

Sleeping during duty hours would justify dismissal of watchman.

LLR Mad. HC 127

Prosecution for Contract Labour (R&A) Act, 1970 lies only against the business conducting officer.

LLR AP HC 151

Transfer in the absence of such condition is unsustainable.

LLR Del. HC 118

Transfer based on terms and conditions can’t be challenged.

LLR MP HC 134

Unauthorized overstay for a long period would justify dismissal.

LLR Del. HC 121

A Sales Manager is not a ‘workman’.

LLR Del. HC 204

Unless examined, loss of confidence can’t be presumed.

LLR Guj. HC 146

Temporary embezzlement is also a serious misconduct.

LLR Del. HC 190

A temple is also covered by the Payment of Gratuity Act.

LLR Karn. HC 163

Termination justified if 240 working days are not proved.

LLR Del. HC 184

Appeal not writ is tenable to challenge the order of EPF officer.

LLR AP HC 150

Effective adjudication only when relied documents are supplied to opposite party.

LLR AP HC 150

A claim based on fake or tempered documents would fail.

LLR Del. HC 113

Unpaid Sundays and public holidays are not to be counted for computation of 240 days working.

LLR P&H HC 132

Despite upholding the enquiry as fair, Labour Court can modify the punishment.

LLR P&H HC 129

Criminal complaint against an officer without designation is untenable.

LLR AP HC 151

A Call centre is liable to pay minimum wages.

LLR Del. HC 120

Insurer is liable for compensation even when the vehicle was stationary.

LLR Karn. HC 153

Ex-parte enquiry justified when the workman did not demand T.A., D.A. etc. for attending.

LLR MP HC 134

Enquiry sans its prescribed principles is to be set aside.

LLR Mad. HC 125

In enquiries strict rules of evidence are not to be followed.

LLR Del. HC 190

Industrial Tribunal is not to exercise appellate powers on the enquiry.

LLR Del. HC 188

When employer sustained losses, the default of PF dues is not intentional.

LLR Guj. HC 198

A gratuity appeal after 120 days of order is barred by limitation.

LLR Guj. HC 201

Initial burden of proving wrongful termination is on workman.

LLR Del. HC 208

Self-statement for 240 days working is not a sufficient proof.

LLR Del. HC 113

Reinstatement is not proper for unauthorized absence after holding proper enquiry.

LLR MP HC 134

Termination of a lady employee for complaining sexual harassment would send a wrong signal.

LLR Guj. HC 146

Coverage under ESI any report in the absence of descriptions of employees is not sustainable.

LLR MP HC 124

Abandonment will be presumed when termination is not proved.

LLR Del. HC 184

Resignation can’t be challenged when receipt of final payment is proved.

LLR Del. HC 181

Termination rightly set aside when no approval sought during pendency of dispute.

LLR Del. HC 179

No limitation prescribed for recovery of the EPF dues.

LLR Guj. HC 199

Deposit of ordered amount is must for filing appeal under Gratuity Act.

LLR Guj. HC 201

Unless malafide; transfer not to be interfered by Courts

LLR Mad. HC 195

A dispute is untenable on failure of workman to prove 240 days working.

LLR Del. HC 113

High Court will interfere in an award only when it is perverse.

LLR Del. HC 113

Prosecution justified for violation of Delhi Shops and Establishments Act.

LLR Del. HC 120

Cases of sexual harassment shall be dealt seriously by the courts.

LLR Guj. HC 146

An order is liable to be set aside when no supporting reasons assigned.

LLR MP HC 124

Dismissal for temporary embezzlement is not disproportionate.

LLR Del. HC 190

Parity with co-delinquents can be claimed by delinquent employee.

LLR Del. HC 188

A muster roll employee is not entitled to regularization.

LLR Del. HC 184

Non-cross-examination of Management witness would go against the workman.

LLR Del. HC 181

Reduction of damages for delayed payment of provident fund dues proper if imposed without ascertaining the cause of delay.

LLR Guj. HC 198

Levy of damages and interest for default in EPF dues not justified when the employer suffered continuous losses.

LLR Guj. HC 199

Continuous posting at any fixed place is not justified.

LLR Mad. HC 195

Burden of proof is on the person who pleads the same.

LLR Del. HC 204

Stoppage of increments instead of dismissal is appropriate when confidence in workman is not lost.

LLR P&H HC 129

Labour Court not empowered to grant interim injunction.

LLR Del. HC 115

Unless perverse, an award not to be interfered.

LLR Mad. HC 127

Standing Orders will not be applicable if not in the knowledge of the workman.

LLR Del. HC 118

A belated application under section 33(2) (b) of ID Act is not tenable.

LLR Guj. HC 139

Interest on compensation will be calculated from date of accident.

LLR Karn. HC 153

Re-appreciation of evidence not permissible under Article 227.

LLR MP HC 134

Safety and congenial working conditions are to be provided to female employee.

LLR Guj. HC 146

Unauthorised absence from duty is a serious misconduct.

LLR Del. HC 121

Enquiry conducted after delay of 23 years is to be quashed.

LLR Mad. HC 125

Industrial disputes are adjudicated on the basis of preponderance of probability.

LLR Del. HC 190

Adjudicator can set aside enquiry when based on no evidence or contrary to the principles of natural justice.

LLR Del. HC 188

An enquiry will be proper, when principles of natural justice are complied.

LLR Del. HC 188

Opinion of Handwriting Expert when corroborated by reasoning can be discarded for want of his training certificate.

LLR Del. HC 181

Discretionary power under Provident Fund Act has to be exercised in a sound and objective manner.

LLR Guj. HC 198

Errors by inferior courts or tribunals can be corrected by the High Court.

LLR Del. HC 204

Writ Court will not consider documents produced for the first time.

LLR Del. HC 208

Issuance of notice proposing to retrench workmen is not legal.

LLR Karn. HC 164

Dismissal becomes inoperative when its approval is declined.

LLR Mad. HC 154

Labour Court has exercise powers under S.11-A judiciously.

LLR Guj. HC 174

Reduction of punishment for not issuing tickets despite receiving the fare is not proper.

LLR Guj. HC 174

‘No work, no pay’ principle is not rigid.

LLR Gau. HC 176

Arrears of EPF dues not recoverable from bonafide auction purchaser.

LLR MP HC 156

Hard earned money towards P.F. contributions can’t be waived off due to deficiency of the EPFO in recovering the same.

LLR MP HC 156

Compensation can’t be denied merely because deceased employee reached the workplace earlier.

LLR Chha. HC 170

From India, Mumbai
Hi,
What is the full form of LLR? .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. ...........

From India, Indore
Dear Pooja ji,

LLR means LABOUR LAW REPORTER. It is a monthly journal for Human Resource Management since 1968 and celebrating 43 years of continuous publication. The Chief Editor of this publication is Advocate H. L. Kumar and Editor is Adovacate Gaurav Kumar.

The features of this journal is as under:

• Full judgments of Supreme Court/ High Courts pertaining to Factories Act, Workmen's Compensation Act, Industrial Disputes Act, Employees' State Insurance Act, Payment of Gratuity Act, Payment of Wages Act, Payment of Bonus Act, Provident Fund, etc.

• Labour Problems and their Solutions based upon decided cases.

• Forms & Precedents such as appointment letters, agreements, charge-sheets, warnings, notices & office orders, etc.

• Latest Amendments & Notifications

• Problems of Executives & their Solutions

• Informative Articles on Labour Laws, Industrial Relations & Human Resources Development.

Besides all important cases of Supreme Court and High Court with important points at a glance, it contains -

• Model Letters of Appointment for different jobs, Agreements, Service Rules, Obligations of Employers, Office Orders, Notices, Charge-sheets, Warnings, besides returns under ESI Act, EPF & MP Act, Contract Labour (R&A) Act, Payment of Wages Act, Gratuity Act and Workmen's Compensation Act, Etc.

• Solutions to ESI, Provident Funds and Factories Act related problems.

• Informative articles and current labour scenario.

• Practical aspects pertaining to Human Resources Development.

Subscription for Labour Law Reporter for the year 2013( January to December ) or any twelve months is Rs.2950/- by registered post/ courier.

Bank collection charges for outstation cheques Rs.50/- extra.

You can subscribed online at : Labour Law Reporter

From India, Mumbai
Hello Mr. Keshav,
A very nice initiative. I am sure this will help many of us in improving our knowledge base.
Please continue this on a regular basis and also, request you to let me know, if the journal can be purchased or subscribed to by individuals. If so, please provide the details.

From India, Hyderabad
Mr Keshav,
Thanks for such a helpful posting.I have a question.Can a company unilaterally transfer an employee to one of its subsidiaries ? If yes then what is the guarantee that the 'Terms and Conditions' of employment shall remain unchanged ?How can the employee be sure of this ?

From India, New Delhi
i have seen this journal in my office it is very informative and useful full our profession everyone must go through it !!!!
From India, Gurgaon
Really this journel is so usefull for HR.professionals..................... ...........................................................
From India, Velluru
dear all
i got a new update on net i have uploaded that file please go through that and let me know it was useful or not .
https://www.citehr.com/450781-labour...ml#post2025034

From India, Gurgaon
well it is very useful.moreover important labour judgment for 2012 published in business manager magazine is very useful to all please help any one to get it yours s elango
From India, Erode
In case of transfer the place of working is changed. It can be within department , other department or subsidiaries company. The salary / remuneration will remain same. Unless some allowance applicable to such work. Like Nurse working in a Operation Theater is getting special allowance for working in O.T. If she posted at wards than this case she is not eligible for O.T.Allowance. By transfer one pace to other place its not a change in terms and conditions. What is terms and conditions is elaborated in the Industrial dispute Act.
Regards,
NK Panchal

From India, Anand

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