Security guards even engaged
through contractors are entitled to get minimum wages from the principal
employer in case contractor fails to pay the same. Principal employer being a
government body cannot take the stand that they are not liable to pay minimum
wages.
Tool Room & Training Centre
vs. Delhi Industrial Security Guards (Regd.). 2011 LLR 827 (Del. HC)
Authority under the Minimum Wages
Act and not the Labour Court would be appropriate forum for making a claim when
the wages, as paid by an employer, are less than the minimum rates of wages.
State Bank of India and Others
vs. Basukinath Das and Others. 2011 (3) LLN 415 (Patna HC)
Part time employees working in
hospital are also entitled for minimum wages.
Manjulaben Punjalal Dabhi vs.
State of Gujarat and other. 2011 (130) FLR 824 (Guj. HC)
Before passing any order by
labour commissioner, employers needs to be heard.
Hasmat Rai Burman vs. Union of
India and Others. 2011 (130) FLR 578 (Patna HC)
Ten times amount of difference of
wages as compensation not justified against principal employer when less
minimum wages paid by contractor.
Fertilizer Corporation of India
Ltd., G. Unit vs. Authority under M.W.A.C. for W.A.L.C. and Others. 2011 LLR
172 (All. HC)
Non-disclosure by the workman of
his having appeared for Matriculation examination was held not to be misconduct.
Bank of Baroda vs. Presiding
Officer, CGI Tribunal. LLN(1) 2011 P. 388 (P&H HC)
Failing to cooperate in the
enquiry will not be a misconduct.
Vinod Kumar Srivastava vs. State
of U.P. and Others. 2011 LLR 975 (Allahabad HC)
Non-intimation about his
admission in hospital by the employee will not be a misconduct warranting
dismissal.
K.A.K. Babu vs. Depot Manager,
A.P.S.R.T.C., Madhira Bus Depot Khammam District and Anr. 2011 LLR 993 (AP HC)
Misconduct means arising from ill
motive. Acts of negligence, errors of judgment or innocent mistakes do not
constitute such misconduct.
Narayan Prasad Dehariya vs. State
of M.P. and Others. 2011 (130) FLR 1044 (MP HC)
Termination of bus conductor was
not proper when he was found carrying passengers of another bus without ticket
which met with accident. During accident normal rules often not followed.
Standard
of duty changes. So the
misconduct can't be judged by same standards.
Dilip Srivastava vs. Presiding
Officer, Industrial Tribunal, U.P. Kanpur and another. 2011 LLR 971 (Allahabad
HC)
Disabled person does not have
right to commit fraud against any one.
Satya Prakash & Sons vs.
Presiding Officer, Labour Court, Kanpur & Anr. 2011 III CLR 170 (All. HC)
Acts of negligence, errors of
judgment or innocent mistake cannot constitute misconduct which warrants
initiation of disciplinary proceedings.
Narendra Kumar Tripathi vs. Union
of India and others. 2011 (129) FLR 519 (Cal. HC)