JUDGMENTS OF APR 2012

• Contractor’s employees performing work of regular employees will be entitled to same rates of wages and holidays etc.

  LLR Mad. HC 399
• Woman, sacked for stealing 11 chocolates, is to be reinstated.

  LLR Del. HC 385
• Leave application is either to be rejected or accepted.

  LLR Del. HC 339
• Employer must be heard by EPF Authority hence ex-parte order will be set aside.

  LLR Del. HC 337
• Overtime payment includes basic wages and allowances.

  LLR Mad. HC 358
• Casual workers also entitled to maternity leave.

  LLR Mad. HC 420
• Withdrawal of resignation before communication of its acceptance is justified.

  LLR Karn. HC 370
• Enquiry, if not held in the language known to delinquent, is to be vitiated.

  LLR Ker. HC 353
• Absence of 20 months, without supporting proof of medical treatment, is unbelievable.

  LLR Karn. HC 368
• EPF Appellate Tribunal has definite duty to perform.

  LLR Bom. HC 379
• Employer cannot arbitrarily reject leave application.

  LLR Del. HC 389
• Provident Fund Authority can’t challenge the judgment of EPF Appellate Tribunal setting aside its order.

  LLR Ker. HC 427
• Delinquent employee is to be notified if Disciplinary Authority disagrees with Enquiry Officer. 

  LLR All. HC 343
• Compulsory retirement instead of dismissal is appropriate keeping in view the long service. 

  LLR Karn. HC 374
• Action on unproved documents is not legal.

  LLR Karn. HC 378
• Provident fund contributions are to be remitted within 15 days from the close of the month.

  LLR Ker. HC 347
• Reduction of damages for delayed deposit of EPF contributions only when delay is explained.

  LLR MP HC 357
• Accident compensation received from ESIC can’t be claimed further under Motor Vehicle Act.

  LLR P&H HC 383
• Compensation payable when the truck driver was found brutally murdered in the cabin of truck. 

  LLR P&H HC 381
• Recording of evidence in a particular matter is to be decided by the Labour Court.

  LLR Del. HC 405
• Denial about employment by an employee is untenable when his name appears in attendance register. 

  LLR Del. HC 404
• A teacher is entitled to gratuity with retrospective effect.

  LLR Bom. HC 417
• Benefits of full wages under section 17-B of the I.D. Act will be available if non approval of dismissal is challenged by employer.

  LLR Guj. HC 433
• Death of security guard by shifting motor cycle from school ground will justify accident compensation.

  LLR P&H HC 412
• Transfer once accepted can’t be challenged later. 

  LLR Bom. HC 341
• Acquittal is not a bar for holding enquiry. 

  LLR Cal. HC 362
• Review of provident fund order need not be in formal application. 

  LLR Del. HC 337
• Compensation is not proper when cleaner died in cross fire clash between nexalites and police.

  LLR Karn. HC 384
• Reinstatement of workman guilty of sexual harassment is to be set aside. 

  LLR Mad. HC 422
• Casual or temporary labour, if not connected with the normal work will not be counted for coverage of establishment under Provident Fund Act. 

  LLR Raj. HC 416
• Disciplinary Authority is to give reason on disagreement with Enquiry Officer.

  LLR All. HC 343
• Courts not to interfere with transfer.

  LLR Bom. HC 341
• Domestic Enquiry differs with criminal trial.

  LLR Cal. HC 362
• Dismissal for jeopardizing functioning of Public Transport is not to be interfered.

  LLR Karn. HC 368
• Compensation as awarded by Commissioner can’t be stalled on the ground that the deceased was not working as conductor.

  LLR All. HC 345
• Employees’ Insurance Court is not empowered for deciding exemption of establishment.

  LLR Ker. HC 351
• An order, not passed by the Appropriate Authority, is unsustainable. 

  LLR Bom. HC 392
• Rejection of leave application is required to be informed to the workman.

  LLR Del. HC 389
• EPF Act is not applicable to establishment under Cooperative Societies Act employing less than fifty persons.

  LLR Ker. HC 394
• Regional Provident Commissioner not empowered to exclude any establishment from the benefit of the Scheme under the Act. 

  LLR Ker. HC 394
• Ex-parte Award passed by the Labour Court to be set aside when appointing authority of the employee is not impleaded. 

  LLR MP HC 397
• Similarities in nature of work are to be determined by Government. 

  LLR Mad. HC 399
• On missing of link between the employment and accidental death, claim for compensation is not tenable.

  LLR Raj. HC 415
• Para 26B of the EPF Scheme is applicable only when the dispute is between the employer and employee.

  LLR Del. HC 404
• Admissions during the proceedings before the court stand on a higher footing. 

  LLR Ker. HC 353
• Abandonment cannot be presumed if an employee tenders resignation by giving 30 days’ notice.

  LLR Karn. HC 370
• Entitlement of leave is a valuable right of the employees.

  LLR Del. HC 389
• Non submission of leave records would go against the Management.

  LLR Del. HC 389
• Power to exclude any establishment from coverage under the Provident Fund Scheme is available to the Central Government only. 

  LLR Ker. HC 394
• Reinstatement is proper when charge of theft not proved.

  LLR Del. HC 385
• Disciplinary Authority must notify the delinquent its disagreement with Enquiry Officer. 

  LLR All. HC 343
• On rejection of approval of application, the dismissed workman would stand reinstated.

  LLR Guj. HC 433
• Approval for dismissal under section 33(2)(b) of I D Act amounts to determination of industrial dispute.

  LLR Guj. HC 433