Important Labour Judgments of 2010

For applying the principle of equal pay for equal work, mere volume of work shall not be relevant, there being qualitative difference as regards the liability and responsibility.
Ajmer Vidyut Vitran Nigam vs. Naveen Kumar Saini 2010 (127)FLR 819

When termination is illegal, lump-sum amount of 2 lakh towards back wages would be proper with
reinstatement in facts and circumstances of the case.
Faridan vs. State of Uttar Pradesh. 2010 LLR 87

When termination found illegal and labour court awarded reinstatement but without back wages, it would be proper to grant 50% of back wages instead of full.
M/s. Reetu Marbles vs. Prabhakant Shukla. 2010 LLR 93

Full back wages would be appropriate when reinstatement granted and rules provide for such back wages in case of illegal termination.
Jaipur Vidyut Vitran Nigam Ltd. & Ors. vs. Nathu Ram. 2010 LLR 97

When employee is absent for six months, and tender resignation but management removed him from services by not accepting his resignation, can’t be held to be justified.
Chairman-Cum-Managing Director, Coal India Ltd. and Another vs. Mukul Kumar Choudhuri and Others. 2009 (123) FLR 601

Even when dismissal of a workman is set aside by the Court, Compensation in lieu of reinstatement will be appropriate.
Ashok Kumar Sharma vs. Oberoi Flight Services. 2009 LLR 1281

Termination of doctor for unauthorized absence would be illegal without holding enquiry.
C.N. Malla vs. State of Jammu and Kashmir and Others. 2009 LLR 1318

Enquiry Officer who is company's lawyer cannot be considered to be partial towards the management of the company. Denial to permit the delinquent to engage a lawyer to defend himself does not necessarily amount to violation of principles of natural justice especially when the charges are specific and simple.
Biecco Lawrie Ltd. & Anr. vs. State of West Bengal & Anr.LLN(4) 2009 P. 91

When charges are different, acquittal in criminal case by court will not be a bar in departmental enquiry.
Bank of India and Another vs. Bhimsen Gochhayat. 2010 LLR 113

When workman did not work for considerable period 50% back wages will be justified on reinstatement.
Bharat Coking Coal Ltd. (through Management) vs. National Coal Workers Congress (through Vice President). 2010 LLR 115

Civil Courts have no jurisdiction to decide about the legality of transfer of an employee.
Apollo Tyres Ltd. vs. C.P. Sebastin. 2010 LLR 192

Right to receive gratuity under the Payment of Gratuity Act can’t be negatived by any contract between employer-employee.
Allahabad Bank & Anr. vs. All India Allahabad Bank Retired
Emps. Assn. 2010 LLR 193

In the absence of any declaration by the appropriate Government, the fisheries industries cannot be held to be a seasonal industry.
Director, Fisheries Terminal Division vs. Bhikubhai Meghajibhai
Charda. CLR III 2009 P. 941

Inquiry invalid when documents relied upon, not supplied to delinquent employee. Reinstatement proper.
State of U.P. and others vs. Saroj Kumar Sinha. 2010 (124) FLR 857

No interference with the notification prohibiting contract labour in railway truck sleeper renewal work.
Baleshwar Rajbashi and Others vs. Board of Trustees for Port of Calcutta and Others. 2010 (124) FLR 241

Termination of a probationer during his extended period of probation, even when stigmatic would not be illegal.
Chaitanya Prakash & Anr. vs. H. Omkarappa. 2010 LLR 225

While interfering with the punishment by management, courts must give supporting reasons.
Uttar Pradesh State Road Transport Corporation vs. Nanhe Lal Kushwaha. 2010 LLR 230

Right Leg amputation of driver due to accident would be 100% earning capacity loss.
S. Suresh vs. Oriental Insurance Co. Ltd. and Another. 2010 LLR 250

In case of date of birth, municipality document will prevail over the school certificate.
CIDCO vs. Vasudha Gorakhnath Mandevlekar. 2010 LLR 338

Non-furnishing of enquiry report will not vitiate the punishment.
Sarv U.P. Gramin Bank vs. Manoj Kumar Sinha. 2010 LLR 348

Reinstatement with 50% wages appropriate when workman worked for 240 days and termination was illegal.
Ramesh Kumar vs. State of Haryana. 2010 LLR 390

Nomination to receive payments under different laws, indicated by workman doesn’t confer any beneficial interest on nominee as benefits are to be distributed as per law of succession.
Shipra Sengupta vs. Mridul Sengupta and Others. 2010 LLR 447

Workers engaged by transport contractors for loading and unloading of milk can at dairy will not be employees of principal employer for ESI purpose.
Managing Director, Hassan Co-operative Milk Producer'sSociety Union Limited vs. Assistant Regional Director, EmployeesState Insurance Corporation. 2010 II CLR 223, 2010 LLR 510

In case of termination without retrenchment compensation, reinstatement with 50% back wages would be proper and HC order modifying the award to compensation only is liable to be set aside.
Krishan Singh vs. Executive Engineer, Haryana State Agricultural Marketing Board, Rohtak (Hr.) 2010 LLR 450

Labour Commissioner directions of paying equal wages to contractor workers without examining and considering the evidence of management would be illegal.
U.P. Rajya Vidyut Utpadan Board and Another vs. U.P. Vidyut Mazdoor Sangh. 2010 LLR 453

Dismissal of LIC development officer on the basis of an enquiry held in violation of principles of natural justice and prescribed procedures would be illegal.
L.I.C. of India & Anr. vs. Ram Pal Singh Bisen. 2010 LLR 494

When employer is financially weak, 50% instead of full back wages will be appropriate.
Manager, K.V.S.S. Mandwar and Another vs. Mukesh Kumar Sharma. 2010 LLR 568

When employer case was that he did not terminate the services and reinstated worker as directed by court, 50% instead of full back wages will be proper.
Malwa Vanaspati And Chemical Co. Ltd. vs. Rajendra. 2010 LLR 569

Sec. 25F of ID Act is mandatory in nature and full compliance is required for effecting retrenchment, otherwise retrenchment would be null and void.
Anoop Sharma vs. Executive Engineer, Public Health Division No. 1, Panipat (Hr.). 2010 LLR 627

No compensation will be payable when there is no nexus between the death and the accident-that too when the employee has died of heart attack.
Rashida Haroon Kupurade vs. Div. Manager, Oriental Ins. Co.Ltd & Ors. 2010 LLR 633

For passing false bills, punishment of withholding three increments is proper.
Nantu Ranjan Paul vs. Steel Authority of India Ltd. & Ors. 2010 LLR 635

Workman can’t be granted any relief by civil court being remedy available under ID Act.
R.S.R.T.C. & Ors. vs. Deen Dayal Sharma. 2010 LLR 673

Casuals even terminated illegally without paying retrenchment compensation will not be entitled to reinstatement with back wages. Compensation will meet the end of justice.
Senior Superintendent Telegraph (Traffic) Bhopal vs. Santosh Kumar Seal and Ors. 2010 LLR 677

Mere appointment of enquiry officer while framing the charge sheet even before considering the reply of employee will not make disciplinary proceedings invalid.
South Bengal State Transport Corporation vs. Ashok Kumar Ghosh & Ors. 2010 LLR 723

Dismissal of bus conductor for receiving fare and not issuing tickets upheld.
U.P. State Road Transport Corporation vs. Suresh Chand Sharma. 2010 LLR 760

The Government is empowered to prohibit lock-out under section 10(3) of the Industrial Disputes Act.
Empire Industries Ltd. vs. State of Maharashtra and Ors. 2010-11 LLJ 593

No prior approval for dismissal by minority school required under Delhi School Education Act.
G. Vallikumari vs. Andhra Education Society and Others. 2010(125) FLR 1048

No regular pay scales for daily wagers.
Surendra Nath Pandey and Others vs. U.P. Co-Operative BankLtd. and Another. 2010 (125) FLR 1045

The question pertaining to payment of salary for the period when the employee was under suspension depends upon the final order in disciplinary proceedings hence the impugned order of the Division Bench of High Court granting back-wages is liable to be set aside.
Kallakurichi Taluk Co-operative Housing Society Ltd. vs.M. Maria Soosai and Others. 2010 (126) FLR 96

Even after acquittal from the criminal court, dismissal not to be set aside of employee found guilty of dishonesty and misappropriation.
Sushil Kumar Singhal vs. The Regional Manager, Punjab National Bank. 2010 LLR 1025

Dismissal justified of bank manager found guilty of withdrawing huge amounts for fictitious persons.
The General Manager (P), Punjab & Sind Bank & Ors. vs.Daya Singh. 2010 LLR 1029

Special law about gratuity under working journalists and other newspaper employees Act 1955 will prevail over Payment of Gratuity Act 1972.
P. Rajan Sandhi vs. Union of India & Anr. 2010 III CLR 583

Compensation would be appropriate relief to daily wager, though worked for many years but could not prove working of 240 days in the year preceding termination.
Incharge Officer and Anr. vs. Shankar Shetty. 2010 LLR 1137

Bank management is under legal obligation to give copy of the enquiry report to employee with proposed punishment when service rules so provide.
Punjab National Bank & Ors. vs. K.K. Verma. 2010 LLR 1138

Functional disability is different from bodily disability arising out of accident. As a driver he may be 100% disable but otherwise his earning capacity is not lost. In such cases compensation to be assessed as in the case of permanent total disablement.
Palraj vs. The Divisional Controller, NEKRTC. 2010 LLR 1146

Insurance company can’t be held liable for the death of workman not arising out of accident.
Mamtaj Bi Bapusab Nadaf & Ors. vs. United India Insurance Company & Ors. 2010 LLR 1200

Under the provisions of Industrial Employment (S.O.) Act and UP ID Act labour court and not the labour commissioner has jurisdiction to give decision on interpretation and application of the Standing Orders.
Triveni Engineering & Industries Ltd. vs. Jaswant Singh & Anr.2010 LLR 1202
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