Punishment Case Laws - 2011

The findings of the enquiry officer having being upheld by court, no reason why the employee could escape the penalty of dismissal from the service.
Punchmahal Vadodra Gramin Bank Vs. D.M. Parmar 2011 (131) FLR 1019 (SC)

It is well settled that punishment is primarily a function of the Management
I.N.T.U.C., Bhagalpur and Another vs. Union of India and Others. 2011 (129) FLR 989 (Patna HC)

Though there is no limitation for making reference provided in the law but it ought to be made within reasonable time.
Employer must show that such delayed reference has caused prejudice to him.
Bank of India vs. Union of India and Others. 2011 (130) FLR 48 (Patna HC)

The Government can refuse to make a reference to the Labour Court or Industrial Court if the dispute is raised after a long delay.
Natvargiri Shivgiri Goswami vs. Union of India & Ors. FLR (129) 2011 P. 974 (Guj. HC)

When conciliation proceedings were pending, no order to refer the dispute could be made by the High Court in writ petition.
SPIC Pharma Employees Union (SPEU) Cuddalore vs. State of Tamil Nadu & Ors. LLJ (III) 2011 P. 72 (Mad. HC)

The appropriate government can very well decline to refer the dispute when raised after 20 years.
M. Kadirvelu vs. Union of India, rep. by its Secretary, Ministry of Labour, New Delhi & Anr. 2011 LLR 534 (Mad. HC)

Refering a dispute by Govt. raised by workman after about 9 years is liable to be quashed.
All India Institute of Medical Sciences vs. Sanjay Kumar & Anr. 2011 LLR 398 (Del. HC)

The days put in by the workman on his probation can't be considered for counting 240 days for the concept of continuous service. Termination of probationer as per his terms of appointment will not be termed as retrenchment.
Management of Apparel Export Promotion Council vs. Surya Prakash. 2011 LLR 333 (Del. HC)
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