JUDGMENTS OF MAY 2012


  • Confirmation of a probationer only by a written order.
    LLR Supreme Court 514
  • In absence of express order, no deemed confirmation of a probationer.
    LLR Supreme Court 514
  • Holding of enquiry not necessary for terminating services of the person who fraudulently obtained job.
    LLR Del. HC 460
  • Religious or spiritual activity of an establishment will not be 'industry'.
    LLR Del. HC 520
  • An engineering graduate, working as a Scientist, is not a ‘workman’.
    LLR Del. HC 463
  • No ‘thumb rule’ for clubbing establishments for applicability of Provident Fund Act.
    LLR Karn. HC 482
  • Existence of mens rea is must for levy of damages in deposit of ESI contributions. 
    LLR Mad. HC 471
  • Extension of probation period means performance not upto the mark.
    LLR Del. HC 450
  • A violent driver, not allowing old lady to board the bus, is rightly dismissed.
    LLR Del. HC 457
  • Suspension after reinstatement does not suggest that the workman was not taken back in service.
    LLR P&H HC 492
  • A doctor, employed in a charitable eye hospital, is not a ‘workman’.
    LLR Del. HC 523
  • Clubbing of establishments, for EPF contributions, is liable to be quashed.
    LLR Ker. HC 541
  • An employee, facing enquiry, must be provided fair opportunity to defend.
    LLR Karn. HC 543
  • Termination of an unconfirmed teacher, without enquiry, will not be illegal. 
    LLR Supreme Court 514
  • Insurance Company not liable to pay compensation when the Policy expired before the accident.
    LLR Supreme Court 449
  • Termination after 80 days of service is not retrenchment. 
    LLR All. HC 503
  • Setting aside an ex-parte Award is possible within 30 days from its publication.
    LLR MP HC 480
  • ‘Abandonment of service’ by a workman is only on voluntary relinquishment.
    LLR Del. HC 468
  • Confirmation of a teacher has to be in writing after expiry of probation period.
    LLR Supreme Court 514
  • Compensation Commissioner can grant compensation more than that claimed.
    LLR Ker. HC 501
  • Labour Court is empowered to grant interim relief during pendency of dispute.
    LLR Karn. HC 510
  • Labour Court has bounden duty to decide justifiability of the punishment.
    LLR Mad. HC 500
  • An ex-parte Award can be set aside in the absence of sufficient cause.
    LLR P&H HC 489
  • Reinstatement is appropriate for non compliance of section 25F of Industrial Disputes Act. 
    LLR P&H HC 491
  • When the workman had confessed forging of documents, he cannot wriggle out later.
    LLR P&H HC 496
  • Denial by Tribunal to summon the employer for proving 240 working days is not legal.
    LLR P&H HC 498
  • Dismissal of bank officer, merely on basis of complaint, is to be set aside.
    LLR All. HC 529
  • For determining the territorial jurisdiction, adjudication is to see where the order of termination operates.
    LLR MP HC 534
  • Supporting reasons must be given for re-opening of determined provident fund money.
    LLR MP HC 479
  • Imposition of damages by ESIC sans opportunity of hearing would be wrong.
    LLR Mad. HC 471
  • Termination of a probationer will not be stigmatic.
    LLR Del. HC 450
  • Engaging as agriculturist during interregnum will not deprive an employee from benefit of back-wages.
    LLR Del. HC 468
  • Non-issuance of show-cause notice, after receipt of findings, will vitiate enquiry.
    LLR Del. HC 484
  • Back-wages on reinstatement not necessary on non-compliance of section 25F of the I.D. Act. 
    LLR P&H HC 497
  • Labour Court has rightly allowed the claim when workman was denied duty.
    LLR All. HC 478
  • Appellate Authority is not bound by the findings of the Enquiry Officer and Disciplinary Authority. 
    LLR Del. HC 484
  • Termination of a workman for disobedience is liable to be set aside when charges not proved in enquiry.
    LLR MP HC 540
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