Wednesday, May 9, 2012

Court Judgment for May 2012 for labour laws


It is very important to keep update ourselves on the several  court judgment of the high court and Supreme Court of India as it helps us to understand and interpret the laws accurately. It also saves HR from any damage coming through the law suit.

Here are the judgment for the month

  • Confirmation of a probationer only by a written order. Supreme Court 514
  • In absence of express order, no deemed confirmation of a probationer.
    Supreme Court 514
  • Holding of enquiry not necessary for terminating services of the person who fraudulently obtained job. Del. HC 460
  • Religious or spiritual activity of an establishment will not be 'industry'. Del. HC 520
  • An engineering graduate, working as a Scientist, is not a ‘workman'. Del. HC 463
  • No ‘thumb rule' for clubbing establishments for applicability of Provident Fund Act.
    Karn. HC 482
  • Existence of  mens rea  is must for levy of damages in deposit of ESI contributions. 
    Mad. HC 471
  • Extension of probation period means performance not upto the mark. Del. HC 450
  • A violent driver, not allowing old lady to board the bus, is rightly dismissed.
    Del. HC 457
  • Suspension after reinstatement does not suggest that the workman was not taken back in service. P&H HC 492
  • A doctor, employed in a charitable eye hospital, is not a ‘workman'. Del. HC 523
  • Clubbing of establishments, for EPF contributions, is liable to be quashed.
    Ker. HC 541
  • An employee, facing enquiry, must be provided fair opportunity to defend.
    Karn. HC 543
  • Termination of an unconfirmed teacher, without enquiry, will not be illegal. 
    Supreme Court 514
  • Insurance Company not liable to pay compensation when the Policy expired before the accident. Supreme Court 449
  • Termination after 80 days of service is not retrenchment. All. HC 503
  • Setting aside an  ex-parte  Award is possible within 30 days from its publication.
    MP HC 480
  • ‘Abandonment of service' by a workman is only on voluntary relinquishment.
    Del. HC 468
  • Confirmation of a teacher has to be in writing after expiry of probation period.
    Supreme Court 514
  • Compensation Commissioner can grant compensation more than that claimed.
    Ker. HC 501
  • Labour Court is empowered to grant interim relief during pendency of dispute.
    Karn. HC 510
  • Labour Court has bounden duty to decide justifiability of the punishment.
    Mad. HC 500
  • An  ex-parte  Award can be set aside in the absence of sufficient cause. P&H HC 489
  • Reinstatement is appropriate for non compliance of section 25F of Industrial Disputes Act. P&H HC 491
  • When the workman had confessed forging of documents, he cannot wriggle out later.
    P&H HC 496
  • Denial by Tribunal to summon the employer for proving 240 working days is not legal.
    P&H HC 498
  • Dismissal of bank officer, merely on basis of complaint, is to be set aside. All. HC 529
  • For determining the territorial jurisdiction, adjudication is to see where the order of termination operates. MP HC 534 
  • Supporting reasons must be given for re-opening of determined provident fund money.
    MP HC 479
  • Imposition of damages by ESIC sans opportunity of hearing would be wrong.
    Mad. HC 471
  • Termination of a probationer will not be stigmatic. Del. HC 450
  • Engaging as agriculturist during interregnum will not deprive an employee from benefit of back-wages. Del. HC 468
  • Non-issuance of show-cause notice, after receipt of findings, will vitiate enquiry.
    Del. HC 484
  • Back-wages on reinstatement not necessary on non-compliance of section 25F of the I.D. Act.   P&H HC 497
  • Labour Court has rightly allowed the claim when workman was denied duty.
    All. HC 478
  • Appellate Authority is not bound by the findings of the Enquiry Officer and Disciplinary Authority. Del. HC 484
  • Termination of a workman for disobedience is liable to be set aside when charges not proved in enquiry. MP HC 540 
  • please keep visiting the blog for the full text judgment
  • Govind

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