Misconduct Case Laws - 2011

Security guards even engaged through contractors are entitled to get minimum wages from the principal employer in case contractor fails to pay the same. Principal employer being a government body cannot take the stand that they are not liable to pay minimum wages.
Tool Room & Training Centre vs. Delhi Industrial Security Guards (Regd.). 2011 LLR 827 (Del. HC)

Authority under the Minimum Wages Act and not the Labour Court would be appropriate forum for making a claim when the wages, as paid by an employer, are less than the minimum rates of wages.
State Bank of India and Others vs. Basukinath Das and Others. 2011 (3) LLN 415 (Patna HC)

Part time employees working in hospital are also entitled for minimum wages.
Manjulaben Punjalal Dabhi vs. State of Gujarat and other. 2011 (130) FLR 824 (Guj. HC)

Before passing any order by labour commissioner, employers needs to be heard.
Hasmat Rai Burman vs. Union of India and Others. 2011 (130) FLR 578 (Patna HC)

Ten times amount of difference of wages as compensation not justified against principal employer when less minimum wages paid by contractor.
Fertilizer Corporation of India Ltd., G. Unit vs. Authority under M.W.A.C. for W.A.L.C. and Others. 2011 LLR 172 (All. HC)

Non-disclosure by the workman of his having appeared for Matriculation examination was held not to be misconduct.
Bank of Baroda vs. Presiding Officer, CGI Tribunal. LLN(1) 2011 P. 388 (P&H HC)

Failing to cooperate in the enquiry will not be a misconduct.
Vinod Kumar Srivastava vs. State of U.P. and Others. 2011 LLR 975 (Allahabad HC)

Non-intimation about his admission in hospital by the employee will not be a misconduct warranting dismissal.
K.A.K. Babu vs. Depot Manager, A.P.S.R.T.C., Madhira Bus Depot Khammam District and Anr. 2011 LLR 993 (AP HC)

Misconduct means arising from ill motive. Acts of negligence, errors of judgment or innocent mistakes do not constitute such misconduct.
Narayan Prasad Dehariya vs. State of M.P. and Others. 2011 (130) FLR 1044 (MP HC)

Termination of bus conductor was not proper when he was found carrying passengers of another bus without ticket which met with accident. During accident normal rules often not followed. Standard
of duty changes. So the misconduct can't be judged by same standards.
Dilip Srivastava vs. Presiding Officer, Industrial Tribunal, U.P. Kanpur and another. 2011 LLR 971 (Allahabad HC)

Disabled person does not have right to commit fraud against any one.
Satya Prakash & Sons vs. Presiding Officer, Labour Court, Kanpur & Anr. 2011 III CLR 170 (All. HC)

Acts of negligence, errors of judgment or innocent mistake cannot constitute misconduct which warrants initiation of disciplinary proceedings.
Narendra Kumar Tripathi vs. Union of India and others. 2011 (129) FLR 519 (Cal. HC)
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