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HR Managers Need to Know- Nov 18- One Line Judgments

HR Managers Need to Know

• Non-disclosure of material information in the application for employment is a serious dereliction.

      Canara Bank v. Ram Ratan, 2012 LLR 143 (Raj HC).

• BOCW Act provides safety, health and welfare measures for workers.

     G.V.P.R. Engineers Ltd. v. State of Madhya Pradesh, 2012 LLR 1193 (MP HC).

• Mere acquittal in a criminal case by itself would not be a ground not to initiate a departmental proceedings against him or to drop the same if already initiated.

Balaji Digambarrao Kotgire v. Enquiry Authority/Chief Manager, Oriental Bank of Commerce, 2012 LLR 208 (SN) (Bom HC).

• Disciplinary Authority is not bound by the findings of the Enquiry Officer.

     Bharati Boro (Smt.) v. State Bank of India, 2012 LLR 223 (SN) (Gau HC).

• Bishop cannot be prosecuted for non-payment of minimum wages.

     Bishop Dr. Samuel R. Thomas v. State of Jharkhand, 2012 LLR 1090 (Jhar HC).

• ‘Building and other construction work’ includes cost of construction.

     G.V.P.R. Engineers Ltd. v. State of M.P., 2012 LLR 1193 (MP HC).

• Declaring ‘protected workmen’ is not automatic process.

     Balakrishnan v. Labour Court, 2012 LLR 166 (Ker HC).

• A cess is leviable on total cost of construction.

     G.V.P.R. Engineers Ltd. v. State of M.P., 2012 LLR 1193 (MP HC).

• A teacher lacking character, will be like salt without its savour.

      Guru Harkrishan Public School v. S.K. Shukla, 2012 LLR 1260 (Del HC).

• Girl students, should not be exposed to tardy process of cross-examination if charges pertain to modesty.

      Guru Harkrishan Public School v. S.K. Shukla, 2012 LLR 1260 (Del HC).

• Discipline is must for growth and prosperity of any institution.

      Holy Spirit Hospital v. Benjamin Fernandes, 2013 LLR 73 (Bom HC).

• Prosecution justified for violation of Delhi Shops and Establishments Act.

      Mantec Consultant Pvt. Ltd. v. State, 2013 LLR 120 (Del HC).

• Employer-employee relation is must for seeking absorption.

Workmen, represented by the President, Madras Fertilizers General Workers’ Union, Chennai v. Management, Madras Fertilizers Ltd., 2012 LLR 1077 (Mad HC).

• Removal of a worker, who worked for 240 days, without reason is untenable.

     State Bank of India v. Mitra Kumar Mondal, 2013 LLR 251 (Cal HC).

• A disciplinary authority, when differs with the findings of the Enquiry Officer, has to issue show-cause notice to the delinquent for the proposed punishment.

  Ratan Kumar Singh v. Bihar State Agriculture Marketing Board, Patna, 2013 LLR (SN) 332: 2012 (135) FLR 912 (Jhar HC).

• Cases of sexual harassment shall be dealt seriously by the courts.

     Sumitraben Mangaldas Mehta v. Manager, Lyka Labs Ltd., 2013 LLR 146 (Guj HC).

• ‘Hire and fire’ policy, in a PSU, is illegal.

     Balmer Lawrie & Co. Ltd. v. Partha Sarathi Sen Roy, 2013 LLR 337 (SC).

• Mere identity card is not sufficient evidence for employer-employee relationship.

     Rampat v. Presiding Officer, Industrial Tribunal-cum-Labour Court, Panipat, 2013 LLR 323 (P&H HC).

• A personal driver of an official can’t claim to be bank employee.

     Hari Om v. Oriental Bank of Commerce, 2013 LLR 400 (P&H HC).

• A contract of personal service cannot be enforced.

     Hari Om v. Oriental Bank of Commerce, 2013 LLR 400 (P&H HC).

• Reliance on the statements during police custody is erroneous.

Nagaiah v. The Industrial Tribunal, rep. by its Presiding Officer, 2013 LLR 1168 (AP HC). 

• Workmen temporarily engaged can’t be regularized.

     Hindustan Engg. & Genl. Mazdoor Union (R) v. All India Council for Technical Education, 2013 LLR 748 (Del HC).

• An employee deliberately causing financial loss to employer deserves to be prosecuted.

     D.R.K. Raju v. Industrial Tribunal-cum-Labour Court, Warangal, 2013 LLR 755 (AP HC).

• Qualification(s) for promotion cannot be introduced as a fresh requirement.

Bihar State Text Book Workers Union v. State of Bihar, 2013 LLR (SC); Mahesh Chand v. Management of M/s. Le Meridien, 2013 LLR 854 (Del HC).

• An employer knows best where the services of an employee can be used more effectively.

     Sudhir Pathak v. Indian Oil Corporation, 2013 LLR 1015 (Del HC).

• In banking services, integrity of employees is very important.

     Y.S. Kapoor v. Central Bank of India, 2013 LLR 1017 (Del HC).

• Dismissal justified for preventing ingress/egress of willing workmen, materials and extending threat to senior(s).

The Management of M/s. V.G. Textiles (P) Limited v. The Presiding Officer, Labour Court, Coimbatore, 2013 LLR 1028 (Mad HC).

• An Industrial Tribunal is not a Court subordinate to High Court under the provisions of CPC.

      Shrikant Pandey v. Ramshabad Mishra, 2013 LLR (SN) 447: 2013 (136) FLR 869 (All HC).

• Date of birth in voter list can’t be substituted/superseded as recorded in service record.

      Board of Directors, Allahabad Agricultural Institute v. State of Uttar Pradesh, 2013 LLR 1094 (All HC).