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
From India, Mumbai
Acknowledge(17)
Amend(0)
2584Judgements 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
From India, Mumbai
Acknowledge(17)+12 more
Amend(0)
Thank you 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?
Please let me know your thoughts on this matter.
Thank you.
From India, New Delhi
Acknowledge(0)Amend(0)
Please let me know your thoughts on this matter.
Thank you.
From India, New Delhi
Acknowledge(0)Amend(0)
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?
In case of transfer, the place of working is changed. It can be within the department, another department, or a subsidiary company. The salary/remuneration will remain the same unless some allowances are applicable to such work. For example, a nurse working in an Operation Theater receives a special allowance for working there. If she is posted in the wards, then she is not eligible for the O.T. Allowance. By transferring from one place to another, there is no change in terms and conditions. The definition of terms and conditions is elaborated in the Industrial Dispute Act.
Regards,
NK Panchal
From India, Anand
Acknowledge(0)Amend(0)
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?
In case of transfer, the place of working is changed. It can be within the department, another department, or a subsidiary company. The salary/remuneration will remain the same unless some allowances are applicable to such work. For example, a nurse working in an Operation Theater receives a special allowance for working there. If she is posted in the wards, then she is not eligible for the O.T. Allowance. By transferring from one place to another, there is no change in terms and conditions. The definition of terms and conditions is elaborated in the Industrial Dispute Act.
Regards,
NK Panchal
From India, Anand
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