JUDGMENTS OF DEC 2011

Dismissal of bank employee for proved charges will not be interfered.
LLR Supreme Court 1233


Lock-out legal when workers admitted violence. 
LLR P&H HC 1277


Dismissal even after retirement is not illegal when rules permit. 
LLR Supreme Court 1233


No mercy for embezzler deserves dismissal.
LLR All. HC 1236


Dismissal of habitual absentee is not too harsh. 
LLR Karn. HC 1243


Major penalty cannot be imposed without enquiry.
LLR All. HC 1247


Withdrawal of VRS option only before effective date.
LLR Guj. HC 1251


Abandonment can be presumed when daily wager fails to respond repeated offer.
LLR Del. HC 1256


Conciliation Officer can record settlement but can’t adjudicate upon it. 
LLR Bom. HC 1262


Reinstatement justified when resignation not unconditional.
LLR Guj. HC 1259


Acceptance of VRS after withdrawal request is not legal. 
LLR Karn. HC 1267


A daily wager is also entitled to protection under I.D. Act. 
LLR P&H HC 1240


Accident claim against auto owner, who is wife of the injured driver, not tenable. 
LLR AP HC 1245


Denial of back-wages, on reinstatement to a workman needs re-consideration.
LLR MP HC 1242


No presumption for admission of charges can be drawn on non submission of explanation to charge-sheet. 
LLR All. HC 1247


Back-wages on reinstatement justified when conviction of workman is set aside. 
LLR Mad. HC 1237


No fresh claim can be made after settlement of all dues. 
LLR Mad. HC 1265


Evidence can’t be re-appraised by High Court in writ jurisdiction. 
LLR Supreme Court 1233


Contractual employees are not entitled to regularisation. 
LLR Supreme Court 1235


Full relief through an interim order is illegal.
LLR Supreme Court 1235


Punishment, without enquiry, will be violative of principles of natural justice.
LLR All. HC 1247


Levy of damages by ESIC, without show cause notice to employer, is illegal. 
LLR P&H HC 1248


Delay beyond 120 days for filing appeal against Controlling Authority under Gratuity Act can’t be condoned. 
LLR Guj. HC 1250


Reinstatement is proper when withdrawal of VRS before effective date was not accepted.
LLR Guj. HC 1251


Assaulting superior will stand proved when endorsed by several people.
LLR All. HC 1257


Labour Court erred in disbelieving the evidence in rejecting the claim of bus conductor.
LLR Del. HC 1273


Only specified remedy can be availed by the aggrieved. 
LLR P&H HC 1254


No reinstatement for daily wager even if he has worked for one year. 
LLR Del. HC 1256


ESIC will pay compensation when its member dies of heart attack in a private hospital. 
LLR Karn. HC 1271


Reinstatement is proper when employer failed to prove rash driving by bus driver.
LLR AP HC 1264


Resignation, when ambiguous, can’t be acted upon. 
LLR Guj. HC 1259


Delayed appeal, without justification, can’t be condoned. 
LLR Karn. HC 1267


An employee not respecting his superiors, can’t be retained.
LLR All. HC 1257


‘Equal pay for equal work’ will not to apply when two units are in different parts of India. 
LLR Jhar. HC 1269


Jurisdiction of civil court when barred, can’ be invoked. 
LLR P&H HC 1254


50% back-wages appropriate when no effort made for finding job. 
LLR Del. HC 1273


Unemployment affidavit is must for claiming the last drawn wages during pendency of proceedings in the higher Court.
LLR All. HC 1275


Principle of ‘no work, no-pay’ not applicable when the employee is willing to work.
LLR All. HC 1247


Workman to refund 50% of the wages received on false affidavit.
LLR All. HC 1275


No interference in dismissal of bus driver guilty of drunk driving. 
LLR Karn. HC 1277


Reinstatement is proper when retrenchment compensation not paid to workman.
LLR MP HC 1280


Enquiry is not vitiated merely because the Enquiry Officer could not prove his report before the Labour Court.
LLR All. HC 1257


When Rs. 8.50/- was found short, bus conductor can’t be punished for receiving fare and not issuing tickets.
LLR Del. HC 1273