HR News

Recent Important Labour Judgments

1. Departmental inquiry instituted before retirement can continue even after retirement but dismissal cannot be awardedUCO Bank & Ors. vs. Rajendra Shankar Shukla. 2018 LLR 344 (S.C.)

2. Labour Court has to frame preliminary issue on fairness and validity of the inquiryKurukshetra University vs. Prithvi Singh. 2018 LLR 371 (S.C.)

3. Assessment of 70% of loss of earning capacity of a driver by the commissioner is appropriate when driver lost the use of limb due to weakness. Shaikh Osmanali Chous vs. New India Assurance Company Ltd. & Anr. 2018 LLR 343 (S.C.)

4. Dismissal of a workman (daily wager) from his services, who had worked for more than 240 days in preceding one calendar year, without conducting regular departmental enquiry by issuing a charge sheet, is illegal. Kurukshetra University vs. Prithvi Singh. 2018 LLR 371 (S.C.)

5. Remanding back the case to the High Court for fresh hearing is required when the injured was not heard by H.C. while deciding against him. Mohd. Anwar vs. The Oriental Insurance Company Ltd. & Anr. 2018 LLR 348 (S.C.)

6. Writ petition against the order of the EPF Authority is maintainable if the EPF Appellate Tribunal is not having Presiding Officer. M/s. Vasan Health Care Pvt. Ltd. vs. The Employees Provident Fund Appellate Tribunal and Another. 2018 LLR 413 (Kar. H.C.)

7. An ex-parte award is liable to be set aside if the same has been passed without notice to the Management. M/s. Ashok Parikh vs. The Presiding Officer, Labour Court, Bhagalpur. 2018 LLR 359 (Pat. H.C.)

8. If finding of the guilt is perverse, the authority can refuse approval under Section 33 (2) (b) of the I.D. Act. Management, T. N. State Transport Corporation (Madurai) Ltd., Dindigul vs. Joint Commissioner of Labour (Conciliation), Chennai and Anr. 2018 LLR 427 (Mad. H.C.)

9. If the misconduct is not covered under UCO Bank Officer Employees (Conduct) Regulations, dismissal from service even on account of proved misconduct, is not justified. UCO Bank & Ors. vs. Rajendra Shankar Shukla. 2018 LLR 344 (S.C.)

10. Punishment of dismissal could not have been imposed on delinquent employee after his superannuation as per settled law by Court in the case of UCO Bank and Ors. vs. Prabhakar Sadashiv Karvade CA No. 4725/2010 decided on 20.05.2010 and UCO Bank and Ors. vs. Rajinder Lal Capoor, (2007) 6 SSC 694. UCO Bank & Ors. vs. Rajendra Shankar Shukla. 2018 LLR 344 (S.C.)