Escolar Documentos
Profissional Documentos
Cultura Documentos
Important
Labour
Judgments
of 2010
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Important Labour
Judgments
Supreme Court Said...
When employee is absent for six months, and tender
resignation but management removed him from services
by not accepting his resignation, can’t be held to be
justified.
Chairman-Cum-Managing Director, Coal India Ltd. and Another
vs. Mukul Kumar Choudhuri and Others. 2009 (123) FLR 601
Even when dismissal of a workman is set aside by the
Court, Compensation in lieu of reinstatement will be
appropriate.
For applying the principle of equal pay for equal
work, mere volume of work shall not be relevant, there Ashok Kumar Sharma vs. Oberoi Flight Services. 2009 LLR
being qualitative difference as regards the liability and 1281
responsibility. Termination of doctor for unauthorized absence
would be illegal without holding enquiry.
Ajmer Vidyut Vitran Nigam vs. Naveen Kumar Saini 2010 (127)
C.N. Malla vs. State of Jammu and Kashmir and Others.
FLR 819
2009 LLR 1318
When termination is illegal, lump-sum amount of 2 Enquiry Officer who is company's lawyer cannot be
lakh towards back wages would be proper with considered to be partial towards the management of the
reinstatement in facts and circumstances of the case. company.
Faridan vs. State of Uttar Pradesh. 2010 LLR 87 Denial to permit the delinquent to engage a lawyer to
When termination found illegal and labour court defend himself does not necessarily amount to violation
awarded reinstatement but without back wages, it would of principles of natural justice especially when the
be proper to grant 50% of back wages instead of full. charges are specific and simple.
M/s. Reetu Marbles vs. Prabhakant Shukla. 2010 LLR 93 Biecco Lawrie Ltd. & Anr. vs. State of West Bengal & Anr.
Full back wages would be appropriate when LLN(4) 2009 P. 91
reinstatement granted and rules provide for such back When charges are different, acquittal in criminal case
wages in case of illegal termination. by court will not be a bar in departmental enquiry.
Jaipur Vidyut Vitran Nigam Ltd. & Ors. vs. Nathu Ram. 2010 Bank of India and Another vs. Bhimsen Gochhayat. 2010
LLR 97 LLR 113
DISMISSAL Habitual absence for 127 days and 196 days will justify
dismissal.
When employee is found guilty of misappropriating Brijlal vs. Steel Authority of India Ltd. & Ors. 2010 LLR 639
funds, loosing confidence in such employee is natural (Chattisgarh HC)
and dismissal is justified. Habitual and continuous absence for 70 days will be
P. Channabasavaiah vs. Divisional Controller, KSRTC, sufficient for dismissal.
Bangalore. 2010 LLR 36 (Karn. HC) Delhi Transport Corporation vs. Sh. Rishi Prakash. 2010 LLR
Dismissal of a temporary workman, obtaining 656 (Del. HC)
employment based on forged certificates, does not Dismissal not to be set aside for the charges of theft
warrant interference by the High Court. of tea bag of 30 Kg. by employee.
Mahendra Rai vs.U.P. Public Service Tribunal No. 1, Lucknow Management of Dayang Tea Estate, P.O.Golaghat, Assam vs.
and Others. 2009 (123) FLR 1007 (Alla. HC) Secretary, Assam Chah Karmachari Sangha, Distt. Golaghat,
Appellate authority can’t re-appoint the dismissed Assam and Others. 2010 LLR 603 (Gauhati HC)
employee from the initial stage. He could do one of the Ex-parte award confirming dismissal for unauthorized
three things - either affirm, set aside or modify the absence not to be challenged in writ.
dismissal of the disciplinary authority.
J. Lokesh vs. Juggath Pharma Industries Ltd. 2010 LLR 606
U.P. State Road Transport Corporation vs. State of U.P. (Karnataka HC)
and Others. 2010 LLR 290 (All. HC)
Dismissal justified for unauthorized absence.
Dismissal for misappropriation by clerk would be
proper. H.L. Mahendra vs. Divisional Controller, Disciplinary Authority,
K.S.R.T.C., Bangalore. 2010 LLR 610 (Karn. HC)
Ganesh Sahakari Sakhar Karkhana Ltd., Ahmednagar
vs. Dashrath Bajirao Nirgude and Another. 2010 (124) FLR Attending duties for only about two years in 9 years
307 (Bom. HC) service will be sufficient cause for dismissal.
Dismissal of workman for hurling abuses to superior E.M.E. Edwards St. George School vs. The Presiding Officer,
under drunken condition in his cabin will be justified, no Industrial Tribunal Chennai and Anr. 2010 LLR 648 (Mad. HC)
matter if he is acquitted in criminal case. Dismissal on confession without enquiry would be
Nikanth Fakiraji Bhadake vs. Maharashtra State Road Transport illegal.
Corporation, Nagpur. 2009 (4) LLN 908 (Bom. HC) A. Karthikeyan vs. Managing Director, TASMAC Ltd. Chennai
Dismissal of bus conductor proper for not issuing and Others. 2010 LLR 663 (Mad. HC)
tickets. When bus driver did not stop the bus on signal from
Chander Pal (Shri) vs. Delhi Transport Corporation. 2010 LLR checking party and on finding serious irregularities, bus
262 (Del. HC) conductor misconduct was condoned, the driver also
Dismissal of bank manager justified who deserves the same treatment. Dismissal set aside.
accommodated parties by inviting risk to bank in over- U.P. State Road Transport Corporation vs. Satendra Singh
enthusiastic manner in violation of prescribed norms and Another. 2010 LLR 697 (Alla. HC)
and discipline. Dismissal of service without affording hearing
Kulwant Rai Goyal vs. Disciplinary Authority, Punjab and Sindh opportunity will be illegal.
Bank, Mumbai & Ors. 2010 LLR 458 (Bom. HC) Ram Ji Misra vs. U.P.S.R.T.C. and Others. 2010 LLR 703
Dismissal of workman justified for preparing and (Alla. HC)
forging fake appointment letters.
Dismissal proper for man handling and violent
Manoj Kumar Sinha vs. Presiding Officer, Central Government behaviour by security guard towards his superior.
Industrial Tribunal No. 1 Dhanbad and Another. 2010 LLR 475
Vishwanath A. Khatal vs. Voltas Ltd. 2010 LLR 744 (Bom. HC)
(Jharkhand HC)
MISCONDUCT Khairulla Hasanali Pathan vs. Godrej & Boyce Mfg. Co. Ltd.
2010 LLR 1150
Mere remaining in police custody does not amount
to misconduct. MINIMUM WAGES
State of M.P. vs. Ramkumar Pathak & Anr. FLR (123) 2009 P.
Paying Rs. 27 p.m. only for 30 years long would
184 : LLJ 2010 P. 42 (MP HC)
be a clear case of violation of minimum wages,
Reinstatement set aside of security guard dismissed highly codemnable and fit case for awarding
for consuming alcohol at workplace being serious compensation.
misconduct.
Chief Executive Officer, Zilla Parishad Beed and Others. vs.
Tata Power Company Ltd. vs. S.M. Harke & Ors. CLR I 2010 Radhabai and Another. 2010 LLR 217 (Bom. HC)
P. 42 (Bom. HC)
In the absence of any malafide, payment of
A single charge of dishonesty on the part of workers
compensation will not arise under MW Act.
is so servere that no one is expected to restore the said
workers to service. Mahanagar Telecom Nigam Ltd. vs. S.M. Nikam and Others.
2010 (125) FLR 540 (Bom. HC)
Management of Premier Instruments and Controls Ltd.,
Coimbatore vs. Presiding Officer, Labour Court, Coimbatore & Society being covered by definition of commercial
Ors. 2010 LLR 492 (Madras HC) establishment as provided in Delhi Shop Act, will be liable
Leaving workplace before duty hour may be to pay minimum wages as applicable to them.
detrimental depending upon nature of job. It is for Multipurpose Training Centre for Deaf vs. Government of NCT
employer to decide quantam of punishment as per gravity of Delhi and Others. 2010 LLR 728 (Del. HC)
& nature of duty. When workers draw more than M.W. and better
The Eastern Coalfields Ltd. vs. Shri Misri Yadav & Ors. facilities, can not claim O.T.under M.W. Act.
2010 LLR 666 (Cal. HC)
National Airports Authority vs. Sudershan Kumar & Ors. 2010 II
Once punishment is imposed for misconduct, can’t CLR 950 (Del. HC)
be reopened.
When difference of minimum wages paid, eight times
Cheepurupalli Annaji Rao vs. Andhra Pradesh State Handloom penalty would be harsh and liable to be quashed.
Weaver Co-op. Society Ltd. & Anr. 2010 II CLR 1069 (AP HC)
Haryana Tourism Corporation Ltd. vs. Authority under Minimum
Dismissal of bus driver without enquiry is invalid even
Wages Act, Faridabad and Others. 2010 LLR 987 (Punjab &
when he caused accident, where one person died and
Haryana HC)
others injured. Misconduct has to be proved.
Management, State Express Transport Corporation (Tamil PAYMENT OF WAGES
Nadu) Ltd., Chennai vs. Presiding Officer, 1 Additional Labour
Court, Chennai & Anr. 2010 LLR 1039 (Madras HC) No bar under sec. 23 of PW Act operates in case of
compromise / settlement between employer & employee.
When a misconduct is not supported by service rules,
no action can be taken against the employee for such Naasir Husain vs. Assistant Labour Commissioner, Moradabad
commission of misconduct. and Another. 2010 LLR 374 (All. HC)
TRANSFER Shyam Babu Bhatnagar vs. U.P. Power Corporation Ltd. and
Others. 2010 LLR 478 (All. HC)
Civil Court has no jurisdiction to entertain a dispute Courts not to interfere in transfer of office bearers of
in connection with transfer of workmen. union being prerogative of employer.
Shasun Chemicals & Drugs Ltd. vs. V. Doraiswamy. FLR (123) All India State Bank of Indore Officers' Coordination Committee
2009 P. 520 (Madras HC) vs. State Bank of Indore. 2010 LLR 553 (MP HC)