JUDGMENTS OF AUG 2012

• An institution imparting religious education is an ‘industry’.
  LLR All. HC 796
• Proof of employment is necessary for back-wages. 
  LLR Mad. HC 866
• Compensation payable when deceased, after washing vehicle at river, went for a dip and drowned. 
  LLR Ker. HC 815
• Depriving representation by co-employee will vitiate enquiry when employer is represented by an expert.
  LLR Karn. HC 854
• Dismissal for taking bribe not harsh. 
  LLR Jhar. HC 814
• Demand of ESI contributions not tenable in absence of identification of employees and their wages.
  LLR Pat. HC 842
• No back-wages when reinstatement is on technical reason.
  LLR Del. HC 791
• Dismissal quashed in the absence of second show cause notice.
  LLR Uttr. HC 846
• Non-compliance of section 25-F of the ID Act would result in reinstatement of workman.
  LLR Mad. HC 824
• Order under section 7A of EPF Act is to be set aside when no witness is examined. 
  LLR Cal. HC 835
• Relationship of employer and employee, when disputed, is for workman to establish by evidence.
  LLR All. HC 878
• Compensation rightly awarded when the employee was murdered by striking workers. 
  LLR Chhatt. HC 886
• Validity of enquiry shall be decided as preliminary issue. 
  LLR Mad. HC 866
• An accountant, assigned for realization of amounts from other companies, is a ‘workman’.
  LLR Jhar. HC 813
• Generation, distribution of power and electric lines come within ‘building and other construction work’ under BOCW Act.
  LLR MP HC 817
• Reinstatement with back-wages to daily wager appropriate when section 25F of ID Act not complied.
  LLR P&H HC 833
• Territorial jurisdiction of Insurance Court is restricted to where insured workman was working.
  LLR Guj. HC 807
• Back-wages, if awarded mechanically, is to be set aside. 
  LLR Guj. HC 805
• Section 25FFF of ID Act speaks about closure of business of ‘undertaking’ and not entire industry.
  LLR Del. HC 792
• Objection of jurisdiction, if not taken before the Labour Court, can’t be allowed in writ appeal.
  LLR Raj. HC 844
• An enquiry will be vitiated when delinquent is denied reasonable opportunity. 
  LLR Guj. HC 801
• For proving that workman was engaged through contractor, there must be a valid agreement.
  LLR Mad. HC 824
• When procedure prescribed for termination not followed, workman would be reinstated.
  LLR All. HC 878
• Holding workman guilty without reference to any document or evidence is unfair.
  LLR Mad. HC 866
• Higher Court to quash an Award when the Tribunal committed any error of law. 
  LLR Mad. HC 872
• Evidence/proof of transactions of corruption is rarely direct. 
  LLR Del. HC 861
• After 30 days of publication of an Award, the Labour Court becomes functus officio.
  LLR All. HC 798
• Undetermined amount can’t be claimed under section 33-C (2) of I.D. Act.
  LLR All. HC 798
• No back-wages when workman fails to establish his unemployment.
  LLR Guj. HC 811
• 240 days continuous service insignificant when the termination is for misconduct.
  LLR P&H HC 830
• For determining ‘workman’, it is immaterial whether he is full-time, part-time, casual or contractual.
  LLR Mad. HC 820
• In absence of functional integrality, different units would be independent.
  LLR Del. HC 792
• Proper opportunity to be given when, despite admission of charges, employer chooses to initiate enquiry.
  LLR Karn. HC 854
• Reinstatement appropriate when enquiry is vitiated.
  LLR Karn. HC 854
• Tribunal can’t re-appreciate findings in enquiry. 
  LLR Del. HC 785
• Limitation for filing gratuity appeal is to be counted from receipt of order.
  LLR Karn. HC 838
• Minimum wages for shops & establishments would also apply to unscheduled employments. 
  LLR Del. HC 789
• Awarding of back-wages with reinstatement not justified, when charges are serious and proved. 
  LLR Uttr. HC 846
• Simultaneous payment of closure compensation is not a condition precedent.
  LLR Del. HC 792
• Non-supply of report of Enforcement Officer will vitiate order under section 7A of Provident Fund Act.
  LLR Cal. HC 835
• An objection, not raised before the Labour Court, cannot be taken in High Court.
  LLR Mad. HC 866
• Validity of enquiry to be decided as preliminary issue.
  LLR Ori. HC 849
• Appeal against Insurance Court only when substantial question of law is involved.
  LLR Pat. HC 842
• On employer’s failure to submit records, provident fund dues to be determined on available material.
  LLR Guj. HC 809
• Controlling Authority has to notify the parties before passing the order under Gratuity Act.
  LLR Karn. HC 838
• Only pre-existing benefit or flowing from a pre-existing right can be claimed under section 33-C(2 ) of the ID Act.
  LLR All HC 799
• Section 25FFA of ID Act not applicable if less than 50 workmen are employed. 
  LLR Del. HC 792
• Whether petitioner is a ‘workman’ or not is to be resolved by Labour Court.
  LLR Mad. HC 866