JUDGMENTS OF MARCH 2012

• Rules for regular staff do not apply to contractual employees. 
  LLR Supreme Court 225
• Enquiry is not to be stayed pending criminal trial.
  LLR Karn. HC 236
• Sleeping partner can also be prosecuted for provident fund default.
  LLR Pat. HC 232
• Punishment, as imposed by employer, can’t be interfered with by Tribunal. 
  LLR Karn. HC 236
• Prosecuting Managing Director and other officers, without stating the official capacity, is to be quashed.
  LLR Jhar. HC 255
• Even oral abuses would justify dismissal.
  LLR Del. HC 239
• Onus to prove unemployment of workman is on the employee.
  LLR MP HC 250
• Cess under BOCW Act is payable by contractor/employer. 
  LLR AP HC 273
• Enquiry is to be decided as a preliminary issue during adjudication.
  LLR Del. HC 268
• Ex-parte order is to be stayed when summons not served.
  LLR All. HC 311
• Direct settlements for accident compensation not legal.
  LLR Raj. HC 309
• Courts should keep off in disputes related to contractual employments.
  LLR Supreme Court 225
• Preliminary issues will be decided first instead of wasting valuable time.
  LLR Bom. HC 290
• Rs.75,000, incurred for medical treatment of ESI member, is rightly allowed.
  LLR Karn. HC 235
• Allowing gratuity to teachers with retrospective date not illegal.
  LLR Guj. HC 292
• Continuous service under Gratuity Act will to be presumed in absence of notice of break by employer.
  LLR Karn. HC 263
• Declining approval for dismissal is not proper when enquiry is upheld. 
  LLR Karn. HC 261
• Demanding provident fund contributions untenable when earlier one has been quashed.
  LLR Pat. HC 258
• Both, the principal employer and contractor are liable for compensation if the contractor’s employee meets with accident.
  LLR P&H HC 259
• After publication of an ex-parte Award, Labour Court becomes functus officio and Award can’t be stayed.
  LLR P&H HC 252
• Contractor only making payment is not necessarily to be impleaded in litigation. 
  LLR Del. HC 245
• Modifying dismissal of worker into stoppage of increments is not proper.
  LLR Karn. HC 278
• Interim relief to the workman is justified during pendency of adjudication.
  LLR Del. HC 269
• High Court will not interfere in factual aspects.
  LLR Del. HC 269
• Staying of enquiry proceedings is not proper.
  LLR Bom. HC 283
• For banks, appropriate Government for deciding disputes is Central, not State. 
  LLR Bom. HC 290
• For seeking exemption from Provident Fund, the employer provides benefits more favourable to employees.
  LLR P&H HC 313
• Minimum wages of State will apply for a bank.
  LLR Bom. HC 265
• Termination on failure to pass a test amounts to retrenchment.
  LLR P&H HC 234
• Termination after 15 years for not qualifying test is not tenable.
  LLR Del. HC 271
• Workman must state unemployment for claiming back-wages. 
  LLR Guj. HC 297
• Compensation not reinstatement would be appropriate relief to casual workmen.
  LLR Jhar. HC 317
• Rejection of appeal by EPF Tribunal will not be interfered when employer does not reply to show cause notice.
  LLR MP HC 319
• Findings of enquiry can’t be set aside on acquittal.
  LLR Karn. HC 236
• Reinstatement is appropriate when insubordination not proved.
  LLR Del. HC 242
• Contract Labour (R&A) Act is a social welfare legislation.
  LLR Jhar. HC 248
• Appeal, not writ, will lie against order under section 7A of EPF & MP Act.
  LLR Jhar. HC 254
• Gratuity cannot be recovered from the legal heirs. 
  LLR Pat. HC 251
• Court can interfere with the punishment only when it is grossly unjust and shocks the conscience. 
  LLR Del. HC 239
• Degree of proof is not rigid in enquiry.
  LLR Karn. HC 236
• Adjournment application after earlier adjournments is rightly rejected.
  LLR Del. HC 242
• Claim for accident compensation can be rejected only when employee disobeys instructions.
  LLR MP HC 276
• Lighter job may be provided as per settlement to a medically unfit person.
  LLR Del. HC 281
• Legislature can also enact laws retrospectively. 
  LLR Guj. HC 292
• Provident Fund Act, 1952 will not be applicable to the establishments under the control of Governments.
  LLR MP HC 306
• Order of Provident Fund Authority, not in conformity with section 7-C, will be quashed.
  LLR MP HC 320