JUDGMENTS OF MARCH 2012


  • Rules for regular staff do not apply to contractual employees. 
    LLR Supreme Court 225
  • Enquiry is not to be stayed pending criminal trial.
    LLR Karn. HC 236
  • Sleeping partner can also be prosecuted for provident fund default.
    LLR Pat. HC 232
  • Punishment, as imposed by employer, can’t be interfered with by Tribunal. 
    LLR Karn. HC 236
  • Prosecuting Managing Director and other officers, without stating the official capacity, is to be quashed.
    LLR Jhar. HC 255
  • Even oral abuses would justify dismissal.
    LLR Del. HC 239
  • Onus to prove unemployment of workman is on the employee.
    LLR MP HC 250
  • Cess under BOCW Act is payable by contractor/employer. 
    LLR AP HC 273
  • Enquiry is to be decided as a preliminary issue during adjudication.
    LLR Del. HC 268
  • Ex-parte order is to be stayed when summons not served.
    LLR All. HC 311
  • Direct settlements for accident compensation not legal.
    LLR Raj. HC 309
  • Courts should keep off in disputes related to contractual employments.
    LLR Supreme Court 225
  • Preliminary issues will be decided first instead of wasting valuable time.
    LLR Bom. HC 290
  • Rs.75,000, incurred for medical treatment of ESI member, is rightly allowed.
    LLR Karn. HC 235
  • Allowing gratuity to teachers with retrospective date not illegal.
    LLR Guj. HC 292
  • Continuous service under Gratuity Act will to be presumed in absence of notice of break by employer.
    LLR Karn. HC 263
  • Declining approval for dismissal is not proper when enquiry is upheld. 
    LLR Karn. HC 261
  • Demanding provident fund contributions untenable when earlier one has been quashed.
    LLR Pat. HC 258
  • Both, the principal employer and contractor are liable for compensation if the contractor’s employee meets with accident.
    LLR P&H HC 259
  • After publication of an ex-parte Award, Labour Court becomes functus officio and Award can’t be stayed.
    LLR P&H HC 252
  • Contractor only making payment is not necessarily to be impleaded in litigation. 
    LLR Del. HC 245
  • Modifying dismissal of worker into stoppage of increments is not proper.
    LLR Karn. HC 278
  • Interim relief to the workman is justified during pendency of adjudication.
    LLR Del. HC 269
  • High Court will not interfere in factual aspects.
    LLR Del. HC 269
  • Staying of enquiry proceedings is not proper.
    LLR Bom. HC 283
  • For banks, appropriate Government for deciding disputes is Central, not State. 
    LLR Bom. HC 290
  • For seeking exemption from Provident Fund, the employer provides benefits more favourable to employees.
    LLR P&H HC 313
  • Minimum wages of State will apply for a bank.
    LLR Bom. HC 265
  • Termination on failure to pass a test amounts to retrenchment.
    LLR P&H HC 234
  • Termination after 15 years for not qualifying test is not tenable.
    LLR Del. HC 271
  • Workman must state unemployment for claiming back-wages. 
    LLR Guj. HC 297
  • Compensation not reinstatement would be appropriate relief to casual workmen.
    LLR Jhar. HC 317
  • Rejection of appeal by EPF Tribunal will not be interfered when employer does not reply to show cause notice.
    LLR MP HC 319
  • Findings of enquiry can’t be set aside on acquittal.
    LLR Karn. HC 236
  • Reinstatement is appropriate when insubordination not proved.
    LLR Del. HC 242
  • Contract Labour (R&A) Act is a social welfare legislation.
    LLR Jhar. HC 248
  • Appeal, not writ, will lie against order under section 7A of EPF & MP Act.
    LLR Jhar. HC 254
  • Gratuity cannot be recovered from the legal heirs. 
    LLR Pat. HC 251
  • Court can interfere with the punishment only when it is grossly unjust and shocks the conscience. 
    LLR Del. HC 239
  • Degree of proof is not rigid in enquiry.
    LLR Karn. HC 236
  • Adjournment application after earlier adjournments is rightly rejected.
    LLR Del. HC 242
  • Claim for accident compensation can be rejected only when employee disobeys instructions.
    LLR MP HC 276
  • Lighter job may be provided as per settlement to a medically unfit person.
    LLR Del. HC 281
  • Legislature can also enact laws retrospectively. 
    LLR Guj. HC 292
  • Provident Fund Act, 1952 will not be applicable to the establishments under the control of Governments.
    LLR MP HC 306
  • Order of Provident Fund Authority, not in conformity with section 7-C, will be quashed.
    LLR MP HC 320
Twitter Delicious Facebook Digg Stumbleupon Favorites linkedin More