Special Article (February-2018)

 Special Articles

Important Labour Judgments 2017

Editorial Team

Designation : -   Editorial

Organization : -  Business Manager HR Magazine

01-Feb-2018

Even on illegal termination, reinstatement is not a rule.

1.Termination of service of an apprentice after expiry of fixed term training under the Apprentices Act, 1961 is not illegal.Ram Gopal Dwivedi and Ors. vs. Kanpur Electricity Supply Co. Ltd. through its General Manager. 2017 LLR 1189 (S.C.)

2.If the employer makes delay in implementing the award or making payment of the awarded amount, the court can impose interest upon the employer.P. James Karunakaran vs. Assistant General Manager, State Bank of India, Zonal Office Madurai. 2017 LLR 785 (S.C.)

3.Keeping in view long litigation and reaching workmen near the age of superannuation, in lieu of reinstatement, a lumpsum compensation in full and final settlement, is justified.Workmen, Rastriya Colliery Mazdoor Sangh vs. Bharat Coking Coal Ltd. and Another. 2017 LLR 448 (S.C.)

4.Rule 25 of CL (R&A) Rules, 1971 protects the contract labour in respect of similar wages as paid to permanent employees. The recruitment procedure in respect of permanent employees has to be different from the contract labour. This rule doesn't confirm any protection to contract labour in respect of similar procedure of recruitment.Chemical Mazdoor Panchayat vs. Indian Oil Corporation Ltd. & Ors. 2017 LLR 785 (S.C.)

5.High Court should consider the matter of termination in writ if there is no alternative remedy available.Hriday Shankar Tiwari vs. District Cooperative Bank Ltd. Ors. 2017 LLR 897 (S.C.)

6.Long delay of more than 11 years may be condoned if the same has taken place on the ground of non - communication of the judgment to the workmen.Rajeev Kumar vs. Life Insurance Corporation of India & Ors. 2017 LLR 897 (S.C.)

7.Enquiry will be invalid when neither the principles of natural justices were followed nor reasons in support of findings were recorded.Allahabad Bank & Ors. vs. Krishna Narayan Tewari. 2017 LLR 113 (S.C.)

8.Dismissal justified of bank employee for dereliction of duty resulting into misappropriation of funds.Chief Executive Officer, Krishna District Co-operative Central Bank Ltd. vs. K. Hanumantha Rao and Another. 2017 LLR 116 (S.C.)

9.Appeal not maintainable if no substantial question of law is involved. Commissioner is the last authority on facts.Golla Rajanna etc. etc. vs. The Divisional Manager and Another etc. etc. 2017 LLR 1 (S.C.)

10.If surveyor of the insurance company confirms that deceased was in employment of the truck owner, the relationship between the vehicle owner and deceased gets established.Babbu Miyan and Anr vs. New India Assurance Co. Ltd. And Anr. 2017 LLR 338 (S.C.)

11.Civil Court not to dismiss suit relating to PF matter at pre-trial stage. Court can go into preliminary issue and look into entire documents before dismissal.Central Provident Fund Commissioner, New Delhi & Ors vs. Lala J.R. Education Society & Ors. 2017 LLR 225 (S.C.)

12.Though financial crisis cannot be a reason to escape from damages but in the absence of a finding regarding mens rea/actus reus on the part of employer, imposition of damages cannot be sustained.Assistant Provident Fund Commissioner, EPFO and Anr vs. The Management of RSL Textiles India Pvt. Ltd. THR. Its Director. 2017 LLR 337 (S.C.)

13.Interim relief is to be treated as part of wages for ESI contributions.Employees State Insurance Corporation & Anr. vs. Mangalam Publications (I) Private Limited. 2017 LLR 1121 (S.C.)

14.Reinstatement cannot be granted to the employee who was appointed on fixed term and he was relieved after completion of the period.U.P. CO-OP. Spinning Mills Federation Ltd. vs. Amar Nath Dwivedi and another. 2017 (154) FLR 174 (S.C.)

15.Settlement between employer and Union is binding upon workman who was not member of the Union, as per section 18 (8) of the Sick Industrial Companies (Special Provisions) Act, 1985.Kanpur Fertilizers & Cement Ltd. vs. State of U.P. & Anr. 2017 LLR 1044 (S.C.)

16.Authority under the Payment of Wages Act has no jurisdiction to direct payment of wages which have already been with held in disciplinary proceedings and not challenged by the employee.State of Punjab vs. Jaswinder Singh. 2017 LLR 902 (S.C.)

17.Even on illegal termination, reinstatement is not a rule.U.P. State Sugar Corpn. Ltd. vs. Kaushal Kumar Sinha. 2017 LLR 673 (S.C.)

18.Non-payment of earned wages and other legal dues to the workmen attracts criminal proceedings against the earring employees.International Union of Food AGR. & Ors. vs. Union of India & Ors. 2017 LLR 947 (S.C.)

20.Termination of services of an employee in violation of principles of natural justice is illegal. Modification in relief granted by the lower court depends upon the facts and circumstances of case at the level of higher court.Municipal Council, Nangal & Ors vs. Aruna Saini. 2017 LLR 561 (S.C.)

And about 800 judgments more...