Wednesday, October 7, 2009

Important judgments of oct. 2009

Hi, find here important judgments of oct 2009

Industrial Disputes Act makes no distinction between a part-time and a full-time employee. Guj. HC 1112.

-Deposit of ESI contribution before filing of complaints, is no ground for discharge of liability by accused. Bom. HC 1073.

- Persons employed due to exigencies of work for a very short period would not be covered under the EPF Act. Del. HC 1082.

- Termination of service for loss of confidence will not be tenable when there was no proof. P&H HC 1141.

- Apprentices, directors, domestic servants and daily wagers are not to be counted for coverage under Provident Fund Act. Del. HC 1082
An employee working in clerical capacity is not a ‘workmen’ under Workmen’s Compensation Act. Bom. HC 1153

- Gratuity of an employee can be forfeited only dismissed for prescribed misconducts. Guj. HC 1156

- An employee, guilty of sexual harassment to a superior lady officer, deserves no sympathy. Del. HC 1090

-Resignation, when rightly accepted, can’t be said to be under coercion. Del. HC 1146

- Under section 33 of I.D. Act, the employer will be required to seek approval/permission of the authority where dispute is pending. (SN) Pat. HC 1163.

When a workman was willing to work and was not allowed, he will be entitled to back-wages. (SN) Bom. HC 1165

- Payment of Bonus Act is a beneficial legislation and Authorities are bound to follow the law as laid down. (SN) Ker. HC 1164

- Gratuity is to be calculated as if an employee has worked for 26 days instead of 30 days in a month.(SN) Ker. HC 1164

ESIC is liable for payment of compensation on suicide by workman after employment injury.

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