JUDGMENTS OF JUNE 2012

• Termination of habitual absentee is not to be interfered. 
  LLR Mad. HC 584
• Dismissal is justified when job is obtained by concealing facts.
  LLR Raj. HC 598
• Civil Court can’t set aside termination of private sector employees.
  LLR Del. HC 608
• Termination of a probationer for misconduct is not simplicitor.
  LLR Mad. HC 633
• Teacher would get gratuity w.e.f. 3.4.1997.
  LLR Bom. HC 618
• Imposing ten times penalty for unpaid wages without supporting reasons is to be set aside.
  LLR Mad. HC 630
• Rupees one lakh in lieu of back-wages is appropriate.
  LLR Supreme Court 561
• Enquiry would be set aside if Presenting Officer is not appointed. 
  LLR Del. HC 645
• Workman not debarred from receiving last drawn wages merely on moving application belatedly.
  LLR Del. HC 562
• Reinstatement is appropriate when no enquiry is held. 
  LLR P&H HC 592
• Employer-employee relation ceases on receipt of VRS payment. 
  LLR Jhar. HC 596
• Retirement age rightly approved from 58 to 60 by Certifying Officer. 
  LLR Karn. HC 600
• Compensation is appropriate when service is rendered for short period.
  LLR Del. HC 588
• Ex-parte proceedings not proper in the absence of report about refusal of summons. 
  LLR Del. HC 590
• Removal is not termination of employer and employee relations till its approval is granted.
  LLR Bom. HC 615
• Only Central Government is empowered under Employees’ Provident Fund Act, to exclude a class of establishments. 
  LLR Ker. HC 625
• Last drawn wages during pendency of the proceedings not to be denied to a workman when he is helping his family by small business. 
  LLR Del. HC 614
• Industrial Tribunal is empowered to appoint assessor for calculation of bonus.
  LLR Mad. HC 627
• No compensation in absence of casual link between employment and accident.
  LLR Raj. HC 639
• High Court will not interfere in an Award in the absence of question of law.
  LLR Del. HC 642
• Writ is untenable against order of cooperative society but not against the order of Asstt. Registrar.
  LLR HP HC 653
• An employee, who is not covered by the ID Act, cannot have parity of government employee. 
  LLR Del. HC 608
• Back-wages have to be given from date of dismissal.
  LLR Ker. HC 572
• Claim of bonus and gratuity is not maintainable under section 33-C (2) of the ID Act.
  LLR Del. HC 575
• A claim for gratuity by an employee lies at a place wherefrom he has retired.
  LLR Guj. HC 578
• Forfeiture of gratuity, without notice to employee and passing specific order, is not sustainable.
  LLR Ker. HC 565/ LLR Bom. HC 648
• Maternity benefit will be available even when the Service Rules don’t provide.
  LLR Karn. HC 602
• Last drawn wages, during pendency of the proceedings in higher Court, will not attract provident fund contributions.
  LLR Ori. HC 649
• Reinstatement of a bank employee, guilty of financial embezzlement, will be set aside.
  LLR All. HC 651
• Prosecution of employer is proper when he closed the factory without permission.
  LLR Jhar. HC 641
• Aggrieved employer can appeal not file writ against the provident fund order.
  LLR Mad. HC 658
• Forfeiture of gratuity only to the extent of damage caused. 
  LLR Ker. HC 565
• Generosity is impermissible when dismissal is for loss of confidence. 
  LLR Raj. HC 598
• If approval for dismissal is not accorded, the workman will be treated in employment.
  LLR Bom. HC 615
• No relief except notice pay to be allowed when an employee challenges his termination in Civil Court. 
  LLR Del. HC 608
• Interest will be payable after one month of accident.
  LLR Del. HC 564
• Limitation for filing appeal in EPF Tribunal starts on receipt of the order.
  LLR MP HC 574
• Termination, without initiating disciplinary action, is illegal. 
  LLR P&H HC 592
• Revised VRS benefits will not be available to those who have already received.
  LLR Jhar. HC 596
• On enhancement of retirement, the retired employees during interregnum will get monetary benefit. 
  LLR Karn. HC 600
• Cooperative Banks are not excluded from coverage under Provident Fund Act. 
  LLR Ker. HC 594
• Insurer would pay compensation for driver, who died while driving a goods vehicle, when he had licence for passenger vehicle. 
  LLR Ker. HC 623
• Law laid down in judgment as it is, the question of retrospective or prospective does not arise.
  LLR Bom. HC 621
• When the Industrial Tribunal is unfamiliar with calculation of bonus, it requires fresh disposal.
  LLR Mad. HC 627
• Application for setting aside the ex-parte Award is not justified when not filed by the authorised representative.
  LLR Del. HC 612
• 50% instead of 10% back wages will be appropriate.
  LLR P&H HC 656
• Employer to provide light nature of work to a person not physically fit. 
  LLR Mad. HC 584
• Stating that an employee is not a ‘workman’, has to be supported by proof. 
  LLR Ker. HC 572
• An employee cannot be imposed punishment second time for the same misconduct. 
  LLR Ker. HC 572
• Compensation in lieu of reinstatement will be appropriate when the workman worked for short period.
  LLR Raj. HC 582
• Claim for unpaid wages can be decided by the Labour Court under section 33-C (2) of the Industrial Dispute