All work, no pay

The Allahabad High Court set aside an order of termination of a lecturer’s employment and directed reinstatement. The lecturer later filed an application of contempt as his salary was not paid. The respondent contended that in the absence of specific direction, no contempt had been committed. The Supreme Court held that in a contempt application, the court couldn’t give additional direction. If aggrieved about non-payment of arrears, the petitioner should approach the appropriate forum, the apex court said (Director of Education, Uttaranchal, and others vs Ved Prakash Joshi and others).

Doors closed

A company held a domestic enquiry and dismissed a workman for committing theft. But he was acquitted in the criminal proceedings against him. He then moved the Industrial Tribunal, contending that as he had been acquitted, he should be reinstated. The tribunal directed reinstatement. On appeal by the employer, the Andhra Pradesh High Court held that the acquittal could not be the sole ground for reinstatement. The tribunal should first examine the validity of the domestic enquiry, permit the parties to adduce evidence and then pass appropriate orders (Hindustan Cables vs Additional Industrial Tribunal and Additional Labour Court).

Stormy claim

A tree fell on a car and damaged it. The owner, while claiming insurance, stated that a storm had caused the damage. The insurance company rejected the claim, saying the policy did not cover loss caused by storms. The owner changed his claim and won the case by producing a certificate from the met department, claiming that there was no storm after all. On appeal, the Supreme Court held that it was up to the complainant to prove that there was no storm. (Divisional Manager, United India Insurance vs Samir Chandra Choudhary).

SOLON