Dear All,
Judgements Reported in LLR February 2013
- Sleeping during duty hours would justify the dismissal of a watchman.
LLR Mad. HC 127
- Prosecution for the 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 the opposite party.
LLR AP HC 150
- A claim based on fake or tampered 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, the 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 an 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 the workman.
LLR Del. HC 208
- Self-statement for 240 days working is not sufficient proof.
LLR Del. HC 113
- Reinstatement is not proper for unauthorized absence after holding a proper enquiry.
LLR MP HC 134
- Termination of a lady employee for complaining about sexual harassment would send a wrong signal.
LLR Guj. HC 146
- Coverage under ESI in 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 the 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 a must for filing an appeal under the Gratuity Act.
LLR Guj. HC 201
- Unless malafide, transfer not to be interfered with by Courts.
LLR Mad. HC 195
- A dispute is untenable on failure of the 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 the Delhi Shops and Establishments Act.
LLR Del. HC 120
- Cases of sexual harassment shall be dealt with seriously by the courts.
LLR Guj. HC 146
- An order is liable to be set aside when no supporting reasons are assigned.
LLR MP HC 124
- Dismissal for temporary embezzlement is not disproportionate.
LLR Del. HC 190
- Parity with co-delinquents can be claimed by a 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 is 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 the 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 with.
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 the date of the 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 employees.
LLR Guj. HC 146
- Unauthorized absence from duty is a serious misconduct.
LLR Del. HC 121
- Enquiry conducted after a delay of 23 years is to be quashed.
LLR Mad. HC 125
- Industrial disputes are adjudicated on the basis of the 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 with.
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 the 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 to 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 bona fide 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 the deceased employee reached the workplace earlier.
LLR Chha. HC 170
Regards
Judgements Reported in LLR February 2013
- Sleeping during duty hours would justify the dismissal of a watchman.
LLR Mad. HC 127
- Prosecution for the 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 the opposite party.
LLR AP HC 150
- A claim based on fake or tampered 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, the 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 an 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 the workman.
LLR Del. HC 208
- Self-statement for 240 days working is not sufficient proof.
LLR Del. HC 113
- Reinstatement is not proper for unauthorized absence after holding a proper enquiry.
LLR MP HC 134
- Termination of a lady employee for complaining about sexual harassment would send a wrong signal.
LLR Guj. HC 146
- Coverage under ESI in 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 the 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 a must for filing an appeal under the Gratuity Act.
LLR Guj. HC 201
- Unless malafide, transfer not to be interfered with by Courts.
LLR Mad. HC 195
- A dispute is untenable on failure of the 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 the Delhi Shops and Establishments Act.
LLR Del. HC 120
- Cases of sexual harassment shall be dealt with seriously by the courts.
LLR Guj. HC 146
- An order is liable to be set aside when no supporting reasons are assigned.
LLR MP HC 124
- Dismissal for temporary embezzlement is not disproportionate.
LLR Del. HC 190
- Parity with co-delinquents can be claimed by a 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 is 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 the 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 with.
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 the date of the 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 employees.
LLR Guj. HC 146
- Unauthorized absence from duty is a serious misconduct.
LLR Del. HC 121
- Enquiry conducted after a delay of 23 years is to be quashed.
LLR Mad. HC 125
- Industrial disputes are adjudicated on the basis of the 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 with.
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 the 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 to 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 bona fide 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 the deceased employee reached the workplace earlier.
LLR Chha. HC 170
Regards