JUDGMENTS OF MAY 2012

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