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 a lady supervisor will justify dismissal.
LLR Bom. HC 73
- An unreasonable clause in a contract between parties who are not equal is violative of the Constitution of India.
LLR Cal. HC 96
- No punishment for misconduct if not committed within the establishment.
LLR Guj. HC 29
- Reinstatement of an employee guilty of theft is not proper.
LLR Gau. HC 86
- Coverage under the EPF Act on EO's report is not valid.
LLR Del. HC 1
- The 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 the 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
- The 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 the Labour Court.
LLR Gau. HC 86
- The Labour Court can interfere with dismissal only when it is disproportionate to the misconduct.
LLR Bom. HC 73
- Discipline is a must for the growth and prosperity of any institution.
LLR Bom. HC 73
- Members of the Cooperative Society are not to be covered under the Provident Fund Act.
LLR Mad. HC 34
- VDA or DA forms part of minimum wages.
LLR Karn. HC 60
- Abandonment is rightly presumed when unauthorized absence is for more than the specified period.
LLR P&H HC 9
- Reinstatement is proper when misconduct is committed outside the establishment.
LLR Guj. HC 29
- RPFC is empowered to direct the production of documents.
LLR Del. HC 1
- A non-speaking order is not tenable.
LLR P&H HC 19
- An order without a hearing is not tenable.
LLR P&H HC 23
- Undue leniency by the Labour Court sends a wrong signal to other employees.
LLR Bom. HC 73
- The High Court will interfere with an erroneous order of RPFC.
LLR Mad. HC 34
- Looting of a bus warrants a criminal trial, not an inquiry.
LLR Guj. HC 29
- Provident Fund coverage without verifying the record is to be quashed.
LLR Del. HC 1
- An ex-parte order without ascertaining the service of summons should be quashed.
LLR P&H HC 19
- The reviewing authority must hear the concerned party.
LLR P&H HC 23
- An order passed without issuing notice to the parties is untenable.
LLR P&H HC 23
- A workman has to prove 240 days of working.
LLR Guj. HC 24
- A non-speaking order of the EPF Tribunal will be unsustainable.
LLR P&H HC 15
- A contractor exercising control over its workers will be the employer paying the wages.
LLR P&H HC 11
- Section 53 of the ESI Act does not bar the claim for compensation against a third party.
LLR Karn. HC 57
- Delay is not a bar for raising industrial disputes.
LLR Guj. HC 27
- The High Court can direct the payment of gratuity to an employee.
LLR Cal. HC 101
- Reinstatement of a part-time sweeper lying inebriated on the floor of a bank is not proper.
LLR Ker. HC 81
- 100% compensation can be awarded despite the doctor's recommendation for 40% disability.
LLR MP HC 102
- Rejection of a gratuity appeal is not proper when a true copy was attached.
LLR Pat. HC 94
- Dismissal after inquiry is proper when held ex-parte due to non-participation of the 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
- The 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
- The government has rightly rejected referring 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
- The employer can lead evidence before the Labour Court when 151 employees are dismissed without inquiry.
LLR Bom. HC 80
- Strict rules of evidence are not applicable in a domestic/departmental inquiry.
LLR Gau. HC 86
- Challenging inquiry is not proper by a workman who did not participate.
LLR Karn. HC 105
- An offence by a workman would not harm the reputation of the company.
LLR Guj. HC 29
- The High Court will quash a notification only if it is unconstitutional.
LLR Guj. HC 70
- Denial of hearing is untenable when the employer produces records.
LLR Pat. HC 68
- Recovering EPF dues without the prescribed procedure is set aside.
LLR Bom. HC 7
- The procedure for the enactment of law can't be directed by the High Court.
LLR Guj. HC 70
- An award by the Tribunal is illegal when the relationship of employer-employee is not established.
LLR P&H HC 11
- The 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 the 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 the confidence of the management.
LLR Gau. HC 86
- Forfeiture of gratuity without a show-cause notice is not proper.
LLR Ker. HC 83
From India, Mumbai
Acknowledge(13)
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2584May your journey always bring in many memorable times. God bless you with love and care. Please find judgments reported in LLR January 2013.
- Assaulting a lady supervisor will justify dismissal.
LLR Bom. HC 73
- An unreasonable clause in a contract between parties who are not equal is violative of the Constitution of India.
LLR Cal. HC 96
- No punishment for misconduct if not committed within the establishment.
LLR Guj. HC 29
- Reinstatement of an employee guilty of theft is not proper.
LLR Gau. HC 86
- Coverage under the EPF Act on EO's report is not valid.
LLR Del. HC 1
- The 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 the 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
- The 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 the Labour Court.
LLR Gau. HC 86
- The Labour Court can interfere with dismissal only when it is disproportionate to the misconduct.
LLR Bom. HC 73
- Discipline is a must for the growth and prosperity of any institution.
LLR Bom. HC 73
- Members of the Cooperative Society are not to be covered under the Provident Fund Act.
LLR Mad. HC 34
- VDA or DA forms part of minimum wages.
LLR Karn. HC 60
- Abandonment is rightly presumed when unauthorized absence is for more than the specified period.
LLR P&H HC 9
- Reinstatement is proper when misconduct is committed outside the establishment.
LLR Guj. HC 29
- RPFC is empowered to direct the production of documents.
LLR Del. HC 1
- A non-speaking order is not tenable.
LLR P&H HC 19
- An order without a hearing is not tenable.
LLR P&H HC 23
- Undue leniency by the Labour Court sends a wrong signal to other employees.
LLR Bom. HC 73
- The High Court will interfere with an erroneous order of RPFC.
LLR Mad. HC 34
- Looting of a bus warrants a criminal trial, not an inquiry.
LLR Guj. HC 29
- Provident Fund coverage without verifying the record is to be quashed.
LLR Del. HC 1
- An ex-parte order without ascertaining the service of summons should be quashed.
LLR P&H HC 19
- The reviewing authority must hear the concerned party.
LLR P&H HC 23
- An order passed without issuing notice to the parties is untenable.
LLR P&H HC 23
- A workman has to prove 240 days of working.
LLR Guj. HC 24
- A non-speaking order of the EPF Tribunal will be unsustainable.
LLR P&H HC 15
- A contractor exercising control over its workers will be the employer paying the wages.
LLR P&H HC 11
- Section 53 of the ESI Act does not bar the claim for compensation against a third party.
LLR Karn. HC 57
- Delay is not a bar for raising industrial disputes.
LLR Guj. HC 27
- The High Court can direct the payment of gratuity to an employee.
LLR Cal. HC 101
- Reinstatement of a part-time sweeper lying inebriated on the floor of a bank is not proper.
LLR Ker. HC 81
- 100% compensation can be awarded despite the doctor's recommendation for 40% disability.
LLR MP HC 102
- Rejection of a gratuity appeal is not proper when a true copy was attached.
LLR Pat. HC 94
- Dismissal after inquiry is proper when held ex-parte due to non-participation of the 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
- The 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
- The government has rightly rejected referring 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
- The employer can lead evidence before the Labour Court when 151 employees are dismissed without inquiry.
LLR Bom. HC 80
- Strict rules of evidence are not applicable in a domestic/departmental inquiry.
LLR Gau. HC 86
- Challenging inquiry is not proper by a workman who did not participate.
LLR Karn. HC 105
- An offence by a workman would not harm the reputation of the company.
LLR Guj. HC 29
- The High Court will quash a notification only if it is unconstitutional.
LLR Guj. HC 70
- Denial of hearing is untenable when the employer produces records.
LLR Pat. HC 68
- Recovering EPF dues without the prescribed procedure is set aside.
LLR Bom. HC 7
- The procedure for the enactment of law can't be directed by the High Court.
LLR Guj. HC 70
- An award by the Tribunal is illegal when the relationship of employer-employee is not established.
LLR P&H HC 11
- The 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 the 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 the confidence of the management.
LLR Gau. HC 86
- Forfeiture of gratuity without a show-cause notice is not proper.
LLR Ker. HC 83
From India, Mumbai
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As an expert in HR and labor laws, it's crucial to stay updated on recent judgments like those reported in LLR January 2013. These cases cover a wide range of topics from dismissal justifications to EPF Act coverage and gratuity forfeitures. Understanding these judgments can help in ensuring compliance with labor laws and making informed decisions in HR practices. It's recommended to analyze each case in detail, considering its implications on organizational policies and employee relations. If any specific case raises concerns or requires further clarification, consulting with legal experts or HR advisors would be advisable to navigate the complexities of labor law effectively.
From India, Gurugram
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From India, Gurugram
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