What HR Managers Need to Know-One Line Judgment we should Know- May 2018
Industry survives on discipline and ought not to perish by indisciplined workers.
Kolhapur Zilla Sahakari Dudha Utpadak Sangh, Kolhapur v. Shivaji Shankar Pharakate, 2009 LLR 452 (Bom HC).
Preventing an employee from wearing khadi uniform can’t be a construed misconduct.
Kasthuri v. Chairman, Airports Authority of India/National Airports Division, New Delhi, 2009 LLR 629 (Mad HC).
Industrial peace is a necessity but it cannot be at the expense of Management’s right.
Kerafibertex International (P) Ltd. v. Kerafibertex Employees Association, 2009 LLR 985 (Ker HC).
Setting aside dismissal of a workman guilty of sexual harassment at workplace is grossly erroneous.
Management of Tata Tea Ltd. v. Presiding Officer, Labour Court, Coimbatore, 2009 LLR 645 (Mad HC).
58 years, as retirement age, is generally followed by public and private sector industries.
Devaki M. v. B.P.L. Group of Companies, 2010 LLR 801 (Ker HC).
Accidental physical contact would not amount to ‘sexual harassment’.
Shanta Kumar vs. Council of Scientific and Industrial Research (CDIR) & Ors., 2018 LLR 8 (Del. HC)
A hospital, employing ten persons, will be covered by the Maternity Benefit Act, even though excluded by Shops & Establishments Act.
Noorul Islam Educational Trust v. Asstt. Labour Officer, 2008 LLR 371 (Ker HC).
If a notice sent through registered post is received back with postal remarks ‘refused’, it would be treated as ‘served’.
Sampuran Singh v. Special Secretary Cooperation, Punjab, 2017 LLR (SN) 100 (P&H HC).
Every litigant is expected to state truth whether it is pleadings, affidavit or evidence.
Maya Press Pvt. Ltd. v. Union of India, 2016 LLR 1057 (All HC).
Existence of control and supervision by principal employer over canteen workers through contractor, entitles them for regular status.
Hindalco Industries Ltd. v. Association of Engineering Workers, AIR 2008 SC 1867: 2008 Lab IC 2078: 2008 LLR 509 (SC).
A negligent driver cannot be thrusted by Court on the employer.
Factory Manager, The Gwalior Rayon and Silk Manufacturing (Weaving) Co. Ltd. v. Nawab Khan, 2008 LLR 487 (MP HC).
Adverse inferences will be drawn against the employer on failing to produce employment record.
Sita Ram v. Motilal Nehru Farms Training Institute, 2008 LLR 549 (SC).
Employer and employee relationship will not emerge in the absence of control by employer overnight guards.
Workmen Umashanker Singh v. Presiding Officer, Labour Court, Ranchi, 2008 LLR 62 (Jhar HC).
Maintaining integrity and honesty must rank a foremost concern in today’s troubled times.
Kolhapur Zilla Sahakari Dudha Utpadak Sangh, Kolhapur v. Shivaji Shankar Pharakate, 2009 LLR 452 (Bom HC).
Maternity benefit is, in the absence of prior notice, not available to Anganwadi worker.
Sunita Baliyan v. Director Social Welfare Department Govt. of NCT of Delhi, 2008 LLR 130 (Del HC).
No violation of principles of natural justice can be alleged by the one who fails to participate in enquiry.
Board of Directors H.P.T.C. v. K.C. Rahi, AIR 2008 SC (Supp) 1542: 2008 LLR 449 (SC).
An employee is a workman or not is to be adjudicated and not to be decided by Labour Authorities.
Shahid Ahmad Khan v. Deputy Labour Commissioner, Agra, 2009 LLR 603 (All HC).
A bank employee has to protect interests of the bank with utmost honesty
Marimuthu v. R. Ramachandran, 2010 LLR 1096 (Mad HC).
Employment of a daily wager commences in morning and comes to an end in evening hence; equality can’t be claimed.
Baljit Singh v. State of Haryana, 2009 LLR 485 (P&H HC).
It is highly improbable that a chowkidar would not get alternative job for 14 years.
Babu Ram Sagar v. Presiding Officer, Labour Court-VII, Delhi, 2009 LLR 463 (Del HC).
It is unbelievable that 30 big soup-spoons can be hidden in a shoe by stealing.
Ashok Kumar Sharma v. Oberoi Flight Services, 2009 LLR 660 (Del HC).
Even beyond 100 metres of the boundary of Company, the union and its members cannot picket or obstruct the vehicles.
Orchid Employees Union v. Orchid Chemicals and Pharmaceuticals Ltd., AIR 2009 SC (Supp) 505 (2): 2008 LLR 519 (SC).
No wages or other benefits can be claimed after-Award when the workman did not report for duty on his reinstatement.
Somabhai Babubhai Parmar v. Gujarat State Road Transport Corporation, 2009 LLR 678 (SN) (Guj HC)
Paying wages and provident funds contributions of the statutory canteen workers will not deprive them of regular status.
Hindalco Industries Ltd. v. Association of Engineering Workers, AIR 2008 SC 1867: 2008 Lab IC 2078: 2008 LLR 509 (SC).
Unless a person is not heard for 7 years, no presumption about his death can be drawn.
Orient Insurance Company Ltd. v. Sorumai Gogoi, 2008 LLR 506 (SC).
Courtesy Labour Law Reporter
