Important Judgments

IMPORTANT JUDGMENTS

 


IMPORTANT JUDGMENTS (2019)

April 2019
Dismissal justified on unauthorized and prolonged continuous absence.Bom. HC 400
Resignation valid when workman accepted the signature on receipt of payment also.Del. HC 361
Gratuity can’t be denied even to a daily wage earner.Del. HC 367
Contractual employees not entitled to maternity benefit after tenure of service.Del. HC 363
Representation by lawyer in enquiry by delinquent employee is not an absolute right.Bom. HC 419
Payment of last drawn wages not to be recovered even if workman loses in proceedings.Supreme Court 355
Transfer not made by competent authority is not valid.Bom. HC 403
Appointment violative of procedural requirements would be illegal.Del. HC 359
Enquiry to be vitiated for non-supply of the list of witnesses and documents.P&H HC 386
Conveyance allowance is not ‘wages’ for ESI contribution.Mad. HC 381
Gratuity is to be calculated on basic wages and D.A. only.Bom. HC 375
Occupier and manager both are to be prosecuted for violation.Bom. HC 373
Resignation can be withdrawn before its acceptance.Ker. HC 415
Termination of even part time employee without retrenchment compensation is not valid.P&H HC 412
A teacher is entitled to gratuity with retrospective effect.Mad. HC 411
Sales Promotion Manager is not a ‘sales promotion employee’. 1976.MP HC 404
Transfer when actuated with victimization not justified.Karn. HC 435
Claim of wages tenable at the place where employee was posted.Del. HC 366
Transfer to subsidiary establishment not valid in the absence of any condition.Mad. HC 379
Contribution can be levied by ESI only after an opportunity of hearing to employer.Bom. HC 397
A plea cannot be taken in the High Court if not taken in Labour Court.P&H HC 386

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

Identification of beneficiaries is imperative for determination of dues.Mad. HC 461
Reduction of pre-deposit for admission of appeal must state reasons.Mad. HC 462
EPF Authority has to ascertain if the default was willful on levy of damages.Ker. HC 455
Skipping to consider documents, filed by employer needs to be re-examined.Mad. HC 461
Mechanical imposition of damages for delayed deposit is not tenable.Chht. HC 453
No EPF contribution on HRA and Overtime payment.Ker. HC 457
Recovery proceedings only after determination of dues under the Act.Jhar HC 449
An order contrary to the provisions of any Section of the Act is not sustainable.Mad. HC 462
Payments to employees when not paid universally will be excluded from ‘basic wages’.Ker. HC 457
Appeal before Tribunal untenable after 60+60 days.Raj. HC 467
Validity of order of EPF Tribunal can’t be challenged after one year.Raj. HC 466
Writ tenable against order of EPF Authority if Tribunal is not functioning.Karn. HC 452
Any order by EPF Authority should not deviate from the provisions of the Act.Jhar. HC 449
Commission by deposit collector of bank will be ‘basic wages’ for EPF.Ker. HC 457
Transferee firm can also be held liable for default by transferor.Raj. HC 467
Review of order of EPF Authority not tenable in absence of any sustainable material.Raj. HC 447
Piece rate payment to workers will attract contributions.Ker. HC 457

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March 2019

REPORTED JUDGMENTS AT A GLANCE – MARCH 2019

Company Directors who receive remuneration are employees under ESI Act.Supreme Court 237
Gratuity can’t be denied for non vacation of company’s land.Ker. HC 263
Bonus Act is not applicable on hospitals without profit motive.Mad. HC 264
Maternity benefit also available to a female employee engaged through contractor.Ker. HC 262
Resignation is not involuntary when payments received without protest.MP HC 254
Workers of contractor are to be not employees of principal employer in the absence of supervision.Bom. HC 250
ESI Act not applicable when survey report and list of employees are not proved.Del. HC 271
No regularisation of daily wager on reinstatement.Supreme Court 277
Forfeiture of gratuity sans opportunity for hearing to the employee is illegal.Uttr. HC 295
Section 9A of ID Act protects interests of workmen against change of service conditions without notice.MP HC 288
Employer liable for compensation on accident even where employer has an excess for work.Supreme Court 241
Object of Gratuity Act is to benefit employees and not to put the employer in jail.Pat. HC 259
Appeal under Compensation Act only awarded amount is to be deposited.MP HC 255
Application for approval of dismissal rightly dismissed when enquiry was vitiated.Del. HC 243
An enquiry is not proper if relevant documents not supplied to delinquent.Del. HC 243
Last drawn wages is payable during proceeding in higher court from the date of claim.Del. HC 247
Payment of ex-gratia cannot necessarily be termed as bonus.Mad. HC 264
For filing complaint under Factories Act, period for seeking permission is excluded.HP HC 266
Termination of bank employee for misappropriation is legal when enquiry is held fair.Bom. HC 268
Interim increase is part of wages for calculation of gratuity.Bom. HC 272
Labour Court has to confine adjudication within terms of reference.Bom. HC 273
Reference can be rejected when employee fails to prove to have worked for 240 days.Bom. HC 273
Enquiry is not proper when enquiry officer fails to confirm genuineness of medical documents.Del. HC 279
Delay in filing application for gratuity is condonable being a beneficial legislation.Ker. HC 296

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

No recovery for EPF contributions tenable in absence of identification of beneficiaries.Bom. HC 333
Security personnel are to be deemed employee of the principal employer when their wages are reflected in the books of accounts.Del. HC 325
Receipt of order of EPF authority would be considered for filing appeal before EPF Tribunal.Pat. HC 321
Show cause notice for participation in enquiry cannot be challenged.Mad. HC 311
A judicial or semi-judicial authority has to pass a speaking order of its finding.Mad. HC 337
Pre-deposit of 50% of the determined amount is reasonable for admission of appeal.Karn. HC 322
Recovery of PF dues and not enquiry can be stalled in view of stay.Mad. HC 311
An employee through contractor is also covered under the EPF Act.Del. HC 325
An order can be remanded for recording of evidence by the lower authority.Bom. HC 309
A branch of an establishment exempted cannot be disturbed for coverage.Pat. HC 320
Determination of EPF dues without identification of beneficiaries not sustainable.Del. HC 346
Emoluments paid to employees universally, ordinarily and necessarily will attract PF contribution.Supreme Court 339
Pension can be recalculated for opting scheme under clause 11(3) of Employees Pension Scheme.Raj. HC 323
An order contrary to rules as framed is not sustainable.Mad. HC 337
Outsourced employee will also be employees of principal employer.Del. HC 325
Coverage of an establishment based on documents by third party not sustainable.Jhar. HC 336
Restriction on operation of bank account during pendency of appeal is not justified.Karn. HC 334
Damages for late deposit discretionary not mandatory.Mad. HC 353
Belated determination by EPF authority mandates for identification of beneficiaries.Mad. HC 337
High Court not to interfere in an order of EPF Authority since filing of appeal is at appropriate forum.Jhar. HC 336
Bank is obliged to hold the amount of the employer when statutory appeal is pending before the EPF Appellate Tribunal.Karn. HC 334
Assessment of EPF dues under section 7-A without identification of beneficiaries is not sustainable.Mad. HC 337
Waiver or reduction of pre-deposit by a  Tribunal has to be a speaking order.Mad. HC 353

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February 2019
Theft of official documents and using them against employer by an employee would justify his dismissal. Del. HC 129
Branch manager having subordinates will not be a ‘workman’ under Industrial Disputes Act. Guj. HC 138
Reinstatement is not automatic even on every illegal termination. P&H HC 143
Interest on delayed deposit of ESI contributions can’t be waived by any authority or the court. Karn. HC 149
A doctor running a clinic with an assistant not to be covered under Industrial Disputes Act. Del. HC 173
Financial capacity of an employer is relevant for fixation of fair wages. MP HC 155
Mere framing of charge of moral turpitude in enquiry would not justify forfeiture of gratuity. Del. HC 124
An enquiry is to be held fair and proper on compliance of principles of natural justice. Del. HC 129
Termination of contractual employee not illegal on expiry of his contract.          P&H HC 147
Bonus can’t be claimed in writ petition in view of prescribed forum under the Bonus Act. HP HC 161
Appeal against order of controlling authority not tenable beyond 60+60=120 days. MP HC 165
Abandonment of job appropriate if an employee fails to comply with offers for resumption of her duty.         Del. HC 173
Appeal against Employees’ Insurance Court is tenable only on question of law. Karn. HC 151
Occurring of an accident when proved, compensation would be payable. Supreme Court 122
It is not employer but the court to decide about offence of moral turpitude by an employee. Del. HC 124
Plea for denial of proper opportunity by delinquent employee untenable when he himself did not participate in enquiry.  Del. HC 129
A sales promotion employee is a ‘workman’ under I.D. Act. P&H HC 145
A contractor is liable to pay accident compensation resulting into death at construction site. Bom. HC 134
Industrial Tribunal not High Court to decide whether fthe work is of perennial nature performed by workers of a contractor. Pat. HC 142
Reinstatement without back wages would be appropriate to a bus conductor removed 14 years earlier for misappropriation of Rs.21. Hyd. HC 140
Last drawn wages to a workman during pendency of proceeding payable only when he files an affidavit about his unemployment Guj. HC 136
Gratuity of an employee can be forfeited only when his service is terminated for prescribed misconduct. Del. HC 124
100 per cent functional disability in an accident would justify total compensation under Employees Compensation Act. Kant. HC 121
Circumstantial evidence not to be discarded when no eye-witness is available. Supreme Court 122
Factual aspects neither pleaded nor submitted before Tribunal untenable in the High Court. Del. HC 129
  EMPLOYEES’ PROVIDENT FUNDS & MP ACT  
Pre-deposit on admission of appeal can be waived by Tribunal when there is a strong prima facie case by the appellant. Bom. HC 210
Tribunal can grant extension of time for pre-deposit to be made for admission of appeal. Del. HC 212
Determination of money payable against an employer can be only u/s 7A of the Act. P&H HC 188
Only appeal not writ tenable against an order of an authority under the Act. P&H HC 186
Trainee Nurses are not ‘employees’ to be covered under the Act. Ker. HC 193
Recovery proceedings untenable during pendency of proceedings u/s 7B pertaining to review of the order Jhar. HC 216
25 per cent of the total material cost will be treated as labour expenditure for attracting EPF contributions. Ker. HC 218
High Court can stay recovery if the presiding officer of EPFT is not functional. Jhar. HC 206
Recovery of stale dues of 2003 can be allowed to be revered in 10 instalments Ker. HC 217
Tribunal is empowered to grant 100% waiver of pre-deposit for admission of appeal Bom. HC 210
Delay for filing appeal after 60+60=120 days cannot be condoned.            Karn. HC 207
Non-withdrawal of money from EPF for 36 months would justify its transfer to inoperative account. Mad. HC 190
A show cause notice cannot be challenged in writ court unless it is without jurisdiction P&H HC 186
Tribunal can lay any condition for staying recovery by an interim order during pendency of appeal. Karn. HC 192
Writ petition for challenging show cause notice for participation in the enquiry is untenable. Mad. HC 203
Levy of damages establishing mens rea on the part of employer, is not sustainable Del. HC 181
Onus is upon the employer to produce relevant records for identification of beneficiaries to the EPF Scheme Bom. HC 183
Allowing a hospital, facing financial crises, to remit arrears in six instalments, is appropriate. Ker. HC 218
Non-production of records on the ground that establishment was closed long back and records not available, is not tenable Bom. HC 183
Obligation for contributions arises from the date when Act became applicable upon the employer. P&H HC 188
Stipend to the trainees would not attract EPF contributions. Ker. HC 193
No leniency can be shown by High Court to defaulting contractor for depositing EPF dues. Karn. HC 209
No demand for EPF contributions for disputed allowances till final decision of the Supreme Court. Mad. HC 203
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January 2019
Dismissal of bank employee justified for consuming liquor on duty. Supreme Court 3
An embezzler does not deserve any sympathy for setting aside his termination. Ori. HC 61
Signature on resignation when admitted can’t be wriggled out. All. HC 55
House building loan cannot be recovered from gratuity despite an undertaking. Chatt. HC 65
Maternity benefit can’t be denied on third delivery. Uttr. HC 57
Reinstatement is appropriate on acquittal of worker involved in criminal case Supreme Court 2
Supervisors not entitled to overtime for additional work. Bom. HC 19
Bias of enquiry officer can be inferred if he is a friend of Factory Manager and has earlier held enquiries against workmen. P&H HC 36
Order of forfeiture of gratuity after dismissal is not sustainable. P&H HC 44
Reinstatement on illegal termination is not a rule of thumb.                     P&H HC 49
Termination for habitual absence without enquiry would be illegal. Del. HC 11
Gratuity can’t be denied for not vacating the quarters. Hyd HC 72
A Marketing Officer on his termination will not be a workman. Karn. HC 74
Termination of a part time sweeper working for 18 years without retrenchment compensation is illegal. P&H HC 49
Termination without seeking approval during the pendency of dispute is illegal. Del. HC 8
Non-reply of workman’s demand notice by the employer can be damaging. Del. HC 11
Adjudicator, not government, can determine the relationship of employer and employee. Mad. HC 24
A show cause notice can be a substitute for charge sheet Gau. HC 29
Termination of the workman is to be set aside if his absence was due to missing of his daughter P&H HC 46
Gratuity of an employee cannot be attached in execution of civil court order Chatt. HC 65
Termination without approval during the pendency of proceedings is to be quashed. Del. HC 8
Claim for overtime tenable only when additional work is admitted by employer.  Supreme Court 1
Purpose of charge sheet is to tell about allegations to the delinquent P&H HC 36
Reinstatement of a terminated workman is untenable when not appointed under the prescribed procedure.     P&H HC 42
Gratuity to be calculated even when an employee was a daily wager after his engagement. HP HC 71
Termination sans retrenchment compensation and notice will be illegal. P&H HC 49
Record if not produced in Labour Court can’t be produced in writ petition P&H HC 53
An enquiry by Tribunal can be held only when the employer has made a request. Supreme Court 3
Identification of beneficiaries is imperative before determination of EPF dues Bom. HC 81
Contractual/casual employees engaged directly or indirectly will be covered by the EPF & MP Act. Bom. HC 83
Levy of damages by a non-speaking order is to be set aside.     Bom. HC 90
An employee can contribute more under pension scheme by joint request of employer. AP HC 97
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
An order under of the EPF Scheme sans hearing the parties is not tenable Karn. HC 100
Applicability of EPF&MP Act not excluded merely an establishment is under the control of State government.  Pat. HC 95
An order has to be speaking one for recovery from guarantor bank of the defaulting employer. Karn. HC 104
Principal employer is duty bound to deposit contributions of the employees of the contractor. Karn. HC 106
No recovery of determined amount when EPFA Tribunal is not functional Ker. HC 108
No interim relief can be sought by filing writ petition during the pendency of the appeal before EPF Tribunal. Del. HC 78
EPF authority has to pass a reasoned order taking into consideration the entire material as provided Bom. HC 81
Levy of damages without Mens rea and opportunity for explanation is not sustainable. Cal. HC 93, Chhat. HC 114
An establishment remains coverable till it seeks exemption under the Act Pat. HC 95
Technical plea for non-compliance of para 26.6 of EPF Scheme for higher contribution is not tenable. AP HC 97
No relief can be granted for non-payment of EPF dues on the ground that no recovery has been made from the companies. Karn. HC 101
Natural justice is violated if the employer is not given an opportunity for levy of damages. Cal. HC 93
It is for EPF authority to identify beneficiaries when the record is submitted. Bom. HC 81
An exemption can be granted when the employer has a more favourable scheme Bom. HC 83
EPF authority should not attach bank account pending appeal. Jhar. HC 111
A member of the provident fund is a consumer under the Consumer Protection Act. MP HC 109
The limitation to approach the EPFA Tribunal may be reckoned by the writ court on bona fide reasons. Ker. HC 107
Relief can be granted even if the petitioner has not been able to comply with pre-deposit as directed by Tribunal. Del. HC 79
The writ petition is tenable if EPFA Tribunal not functioning Karn. HC 102
An appeal, no writ petition has to be resorted while challenging the determined amount under section 7A & B of the Act. Chhat. HC 117
An employer cannot withhold money due to EPF contributions. Cal. HC 92
Attachment of bank account of more than the determined amount is not tenable Jhar. HC 111
Services provided by EPFO are covered by the Consumer Protection Act. MP HC 109
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ARCHIVE OF IMPORTANT JUDGMENTS (2018)

December 2018

REPORTED JUDGMENTS AT A GLANCE – DEC 2018

No reinstatement to a casual employee who worked only for one year.Supreme Court 1285
A school employee can challenge his termination only in School Tribunal.P&H HC 1288
Architects firm, performing work of professional nature, not covered under ESI Act.Mad. HC 1298
Pendency of application seeking exemption cannot stall applicability of the ESI Act.Karn. HC 1296
Transfer of complainant under POSH Act justified to protect her from harassment.P&H HC 1286
Resignation held to be proper if workman did not deny her signature upon it.Mad. HC 1301
Reinstatement is proper when enquiry against the workman is vitiated.All. HC 1289
Workers of contractor can also raise industrial dispute for their regularization.Cal. HC 1291
Extended maternity benefits not available after completion of contractual employment.Del. HC 1293
Retired employee is not a ‘workman’ under Industrial Disputes Act.Karn. HC 1294
Labour Court not to hold a fresh enquiry when it was not prayed for.All. HC 1289
Denial to refer a dispute of contractors’ workers not proper since the government cannot adjudicate.Cal. HC 1291
Claim by workmen when rebutted by employer, not be tenable under S.33-C(2) of the I.D. Act.Karn. HC 1294
Enquiry under POSH Act to be vitiated when proper Internal Committee is not constituted.P&H HC 1286
Last drawn wages appropriate when employer failed to prove gainful employment of workman.Supreme Court 1285
An employee can seek relief only in the prescribed forum.P&H HC 1288
Failure of witness to support his earlier version would vitiate the enquiry.All. HC 1289
High Court not to interfere with reasoned order by Employees Insurance Court.Karn. HC 1296
Compensation in lieu of reinstatement appropriate a casual workman who worked for short period.Supreme Court 1285
An employee, having resigned voluntarily, cannot later on contend illegal termination.Mad. HC 1301
Last drawn wages during pendency of proceedings in High Court to those who prove their unemployment.Mad. HC 1301

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

Levy of damages for delayed deposit without hearing the employer is liable to be quashed.Cal. HC 1306
Writ petition against the order of EPFA Tribunal untenable in the absence of pre-deposit as directed.Del. HC 1311
Challenging summons issued by Judicial Magistrate is not sustainable sans strong grounds.P&H HC 1312
Normally no writ tenable to stall enquiry under section 7-A of the Act.Mad. HC 1315
Writ petition is untenableif statutory remedy of appeal is not exhausted.Jhar. HC 1320
Writ petition is maintainable if the office of Tribunal is lying vacant.Mad. HC 1321
Interim order of stay is generally a temporary arrangement to preserve the status quo till the matter is decided finally.Cal. HC 1319
Seeking a remedy by way of writ petition in respect of matter pending before EPFA Tribunal is not maintainable.Del. HC 1331
Documents not produced before EPF Authority or High Court, not admissible in review application.Pat. HC 1328
Imposition of damages for delayed remittance to be quashed in the absence of supporting reasons.Cal. HC 1306
EPF Authority can make recovery of dues in the absence of stay.Cal. HC 1309
Non-consideration of mitigating circumstances by Authority to impose penalty/interest is not proper.Del. HC 1323
Dismissal of writ appeal on the ground of unexplained delay of 967 days is justified.Pat. HC 1328
Writ Court may also grant relief to a party who failed in respect of pre-deposit, despite bona fide efforts.Del. HC 1329
No straight jacket formula for grant of interim stay since it depends upon facts of each case.Cal. HC 1319
In the absence of speaking order for levy of damages, High Court directed for re-examination with reasons.Cal. HC 1306
An employer cannot withhold EPF contributions since damages would be attracted.Cal. HC 1308
Writ petition without exhausting alternate remedy of statutory appeal against the order of the EPF Authority is not maintainable.Cal. HC 1309
Compliance of section 7-O of Act cannot automatically amount to restraint on EPF Authority for recovery of dues.Cal. HC 1309
Notice may be challenged in High Court when without jurisdiction or with malafide intention.Mad. HC 1315
Notice for enquiry under section 7-A can’t be challenged in writ petition.Mad. HC 1315
Insisting the natural guardian for production of guardianship certificate for disbursing EPF dues, is not proper.Mad. HC 1322
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November 2018

REPORTED JUDGMENTS AT A GLANCE IMPORTANT JUDGMENTS

Customary bonus paid in past at the discretion of employer can’t be claimed as a right.Karn. HC 1194
Absence though repeated but not intentional would not justify dismissal from service.Mad. HC 1192
No regularisation of a trainee engaged for one year only.Bom. HC 1204
Engaging daily wager for 10 year would amount to unfair labour practice.Del. HC 1176
Extending threats and beating an employee with stones would justify dismissal of workman.HP HC 1212
Approval for dismissal rightly declined in the absence of one month salary in lieu of notice to the concerned workman.Mad. HC 1218
Reinstatement is a rule on illegal termination but not with full back wages.Supreme Court 1167, 1169; Pat. HC 1221
Plea of ‘protected workman’ not tenable when not proved by union that he was office bearer.HP HC 1212
Abandonment of job appropriate when workman remained absent for 4 years and did not work 240 days in the preceding 12 months.P&H HC 1226
Non-production of record by employer would justify 240 days working of a workman.P&H HC 1229
Habitual absence when not proved, lenient punishment other than dismissal would be proper.Mad. HC 1192
Delay for filing appeal can’t be condoned beyond 60+60 days.Cal. HC 1208
Directing principal employer not to terminate workers of contractors during pendency of dispute not proper.Bom. HC 1201
Termination sans retrenchment compensation of a workman with 240 days service is illegal.Supreme Court 1167, 1169; Del. HC 1176
Abandonment, when not proved, reinstatement with back wages held to be proper.Del. HC 1171
Regulaisation appropriate on wrongful termination of an employee with 10 years service.Del. HC 1176
Conciliation settlement when acted upon by workmen would not be vitiated for procedural irregularity.Cal. HC 1189
Staying of direction of employer to deputed employee to work at original place not justified.Bom. HC 1198
Only earned wages can be claimed under Delhi Shops & Establishment Act.Del. HC 1206
Service of notice presumed when sent by post besides publication in the newspaper.HP HC 1212
Working for 240 days would not justify claim for reinstatement.P&H HC 1227
Ex-parte order can be set aside on ‘sufficient cause’ but subject to cost as imposed.P&H HC 1231
Failure to stop bus despite signal by checking staff would justify termination of driveAll. HC 1233

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

Directors of a Limited Company cannot be held vicariously liable for non-payment of statutory dues.Cal. HC 1254
Challenge only to the summoning order or demand notice issued by the EPF Authority in writ petition is not maintainable.Mad. HC 1268
Amount as determined towards EPF dues, if recovered before expiry of prescribed limitation for filing appeal, is to be refunded.Mad. HC 1272
Employees of contractors can’t be deprived membership of provident fund when company has formed its own trust.Bom. HC 1247
High court would rarely entertain writ petition against order of lower authorities when forum for appeal is available.Bom. HC 1242
Higher pension can’t be denied when an employee has contributed more than the prescribed rate of contribution.MP HC 1264
No recovery of EPF arrears can be made from the property of lessee if he has transferred it before issue of notice of recovery.Ker. HC 1260
Failure to consider written submission by an employer for delayed deposit, the imposition of maximum damages not proper.Bom. HC 1242
Violation of the Act and Scheme is also a criminal offence under IPC.Cal. HC 1254
Arrears of EPF can be recovered from the lessor if lessee fails to pay.Ker. HC 1260
Payment of EPF dues after filing the complaint will not absolve the employer from criminal liability.Cal. HC 1254
In exceptional cases where the impugned order has jurisdiction error High Court can admit writ petition.Bom. HC 1242
A company with 51% holding by Central government not to be exempted under the Act.Bom. HC 1247
EPF contribution on full salary with the consent of his employer, pension is to be calculated on the basis of full salary.MP HC 1264
An employee on superannuation will be entitled to higher pension when deposited additional amount than prescribed ceiling.Hyd. HC 1274
Fact finding procedures by the competent authorities cannot be usurped by superior Courts except on strong reasons.Mad. HC 1268
If appeal is decided in favour of the assessee, the EPF Authority shall be liable to pay interest on recovered dues.Mad. HC 1272
Recovery of EPF arrears can be made from the personal properties of the lessee.Ker. HC 1260
It is option of the prosecution to proceed against the offenders either IPC or EPF & MP Act.Cal. HC 1254
Claiming higher pension when employee deposited his share more than prescribed ceiling.Hyd. HC 1274
The person liable for deposit of EPF dues should be taken as ‘employer’.Cal. HC 1254
Intervention by higher courts in fact finding proceedings at the level of quasi judicial authorities is to be avoided.Mad. HC 1268

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October 2018

REPORTED JUDGMENTS AT A GLANCE – OCT 2018

Forfeiture of gratuity is not automatic on dismissal from service.Supreme Court 1051
Exemption of a charitable hospital from Income Tax would not justify exemption from Bonus Act.Del. HC 1060
Civil Court is not empowered to grant reinstatement on illegal termination.Ker. HC 1115
Deposit of misappropriated money would not exonerate delinquent from punishment.All. HC 1081
Termination of hospital employees for creating reign of terror would be justified even without enquiries.Karn. HC 1106
Termination of a contractual employee is not to be construed as retrenchment.P&H HC 1077
Labour Court will determine only validity of punishment when enquiry is fair and proper.P&H HC 1101
Industrial dispute as raised is not to be adjudicated by the appropriate government.MP HC 1071
Revision/fixation of pay-scales is highly technical and tedious.Supreme Court 1055
Proved misconduct of moral turpitude needs no confirmation for denial of gratuity.Cal. HC 1086
Standard of proof, required under the Compensation Act is different than criminal trial.P&H HC 1090
Reinstatement of a workman guilty of misappropriation is not tenable.All. HC 1081
Non-rebuttal of evidence by employer would justify regularisation of contract workers.Supreme Court 1057
Industrial Adjudicator has to confine his award to the terms of reference.All. HC 1081
Notice of change under the ID Act is meant to workman giving chance to be heard.Supreme Court 1093
An order passed against a party without service of summons is not sustainable.Ori. HC 1098
No penalty for delayed payment of accident compensation justified when employer extended immediate relief.P&H HC 1105
Authority under the Minimum Wages Act would be a Civil Court.Ori. HC 1098
Plea of engagement of worker through contractor from 1964 not tenable since Contract Labour (R&A) Act was enacted in 1970.Bom. HC 1084
A 12-year belated industrial dispute would not be tenable.Jhar. HC 1079
Nature of duties of Police personnel is different from security personnel.Supreme Court 1055
Reinstatement with 50% back wages is appropriate on illegal termination.Bom. HC 1084

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

Only in-charge controlling the establishment would be liable for penalty for violating Act and the Scheme.Ker. HC 1124
Mens rea and actus reus are determining factors for imposing damages for delayed deposit of EPF contribution.Bom. HC 1121
Instalments can be allowed for payment of EPF arrears due to financial crunch.Ker. HC 1123
Refrigerator for storage of chilling of cold drinks etc. not ‘power’ for applicability of Act with aid of power.Ori. HC 1126
Show cause notice is to be replied with reasons instead of challenging in the High Court.Mad. HC 1125 & 1141
Coverage under the Act by clubbing two establishments run by father and son can’t be set aside.Raj. HC 1148
Tribunal is empowered to waive or reduce the amount to be deposited for admission of an appeal.P&H HC 1137
Damages for delayed deposit are not mechanical without considering its reason.Bom. HC 1121
EPF Authority cannot file Letter Patent Appeal against an order in High Court.Pat. HC 1129
Levy of damages/penalty not appropriate for delayed deposit of PF dues by a sick company.Bom. HC 1121
High Court not to entertain writ petition when EPFO show cause notice is challengedMad. HC 1125 & 1141
Non-disclosure of status of the accused would result into dismissal of a complaint for prosecution.Ker. HC 1124
Coverage of establishment with less than 20 employees is not legal.Ori. HC 1126
Pre-deposit of 75% on appeal can be waived by EPF Tribunal due to poor financial condition of the appellant.P&H HC 1137
EPF Authority liable to refund money with interest if recovered without deciding applicability of the Act.P&H HC 1135
25% pre-deposit on admission of appeal is appropriate in view of pendency for 4 years.P&H HC 1137
EPF authority is empowered to conduct enquiry by providing reasonable opportunity to the parties.Mad. HC 1146
Only minor sons would get the EPF dues of a deceased member.Uttar. HC 1146
EPF Act not applicable upon employees covered by General Provident Fund or any other equally beneficial Scheme.P&H HC 1135
Writ Court not to interfere with an order passed by the subordinate courts/authorities unless a manifest error is pointed out.Bom. HC 1121
Cooperative society not to be covered if number of employee is less than 50.Ori. HC 1126

 

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September 2018

REPORTED JUDGMENTS AT A GLANCE IMPORTANT JUDGMENTS – SEP 2018

Embezzlers don’t deserve any relief.Pat. HC 939
Union office bearers must have integrity and hard work to be role model for others.Karn. HC 957
Employee must prove transfer to be mala fide for relief.Guj. HC 1000
Preliminary enquiry under POSH Act to be set aside if respondent not provided with copy of complaint.Ker. HC 990
A resignation can be withdrawn before its acceptance.Karn. HC 1010
Mere submission of letter is not sufficient to seek status of ‘protected workman’.Karn. HC 957
Labour Laws are for the welfare of workers and to maintain peace and harmony.Karn. HC 957
Termination not justified when enquiry is held to be unfair.All. HC 977
Resignation can’t be accepted before one month in absence of notice period.Karn. HC 1010
Abnormal delay in raising industrial dispute won’t justify reinstatement with back wages.All. HC 975
Electricity charges can be enhanced as ‘notice of change’ is not necessary.Ori. HC 985
Failing to reply show cause notice despite its receipt can’t be inferred denial of opportunity.Mad. HC 935
High Court will not entertain writ petition against show cause notice.Karn. HC 957
Seeking explanation from a workman is prelude of an enquiry.Karn. HC 957
Misappropriation of public money justifies dismissal.Karn. HC 963
Reinstatement with back wages is appropriate on termination without retrenchment compensation.Mad. HC 947, P&H HC 951
Reinstatement not proper on failure of workman to join duty despite offer.P&H HC 950
Employer to decide quantum of punishment when enquiry is fair and proper.P&H HC 953
Enquiry is not imperative in prolonged and unauthorised absence of a workman.Bom. HC 933
Tribunal must confine adjudication on terms of reference.Cal. HC 997
Transfer of an employee facing enquiry would be construed as mala fide.Ker. HC 991
No accident compensation in absence of employer-employee relationship.Mad. HC 982
Negligence in food manufacturing unit justifies termination.P&H HC 953

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

Factors for levy of damages pertain to willful default and financial crises etc.Bom. HC 1022
List of employees duly signed by responsible officer cannot be rebutted while challenging coverage.P&H HC 1040
Forum for challenging order of EPF authority is only filing of appeal before Tribunal.Mad. HC 1034
Writ petition is tenable when EPF Tribunal is not functioning.Mad. HC 1033
Appellant can seek interim relief by Tribunal as permissible.Mad. HC 1039
Damages not mandatory but employer has to pay for delayed remittance to ensure regularity in deposits.Bom. HC 1020
Option for pension tenable if person is in service and has not withdrawn PF dues.Ker. HC 1028
Writ petition is tenable if order violates of fundamental right and natural justice.Mad. HC 1034
Order under section 7-A of the Act may be stayed with or without any condition.Cal. HC 1025
Appeal not writ petition tenable while challenging order under section 7A of the Act.Mad. HC 1031
Coverage of an establishment justified when above 20 employees were employed.P&H HC 1040
Absence of mens rea, willful default will justify reduction of damages by Tribunal.Bom. HC 1020
No damages can be imposed for pre-discovery period.Bom. HC 1020
Declared sickness of unit is a factor for reduction of damagesBom. HC 1022
High Court is not to entertain writ against a show cause notice under section 7A.Cal. HC 1027
Coverage of establishment is to be decided on factual material.Jhar. HC 1041
Courts have to pass a reasoned order with narration of bare facts of the case.Supreme Court 1018
Writ petition is untenable during pendency of proceedings under section 7A.Jhar. HC 1041
Operation of order under section 7A is unjustified without supporting documents.Cal. HC 1025
Every default by employer does not justify levy of damages mechanically.Bom. HC 1022
Operation of an order under section 7A is to be kept in abeyance when Tribunal is not functioning.Mad. HC 1033

 

.
August 2018
Housing society is not ‘industry’ even if it earns profits.Bom. HC 869
Prosecution of CMD for violation of CLRA Act untenable when no direct control upon establishment.Jhar. HC 850
Habitual and unauthorised absence will justify termination.Del. HC 824
Directors/M D to be covered under ESI if remuneration is below the prescribed ceiling.P&H HC 835
Misappropriation of money justifies dismissal from service.Karn. HC 866
An ex-parte award can set aside even after its publication.Supreme Court 815
If the contract labour system is held sham, contractor’s workers will become employees of principal employer.Bom. HC 828
Holding of enquiry not imperative on admission of misconduct by a delinquent.HP HC 852
Quantum of punishment is to be interfered by the Court only when grossly disproportionate.Del. HC 824
Gratuity can be forfeited only on termination for prescribed misconducts under the Act.HP HC 852
No regularisation of contractor’s workers on violation of CLRA by principal employer.Bom. HC 827
No leniency in punishment for misappropriation.Karn. HC 868
Dismissal for forging signatures is justified.Jhar. HC 842
Opportunity for hearing is the must for all parties during judicial proceedings.Supreme Court 815
Legal validity of contract system is to be adjudicated by the Industrial Tribunal.Bom. HC 828
Supervision by a principal employer is presumed to reject the work of any worker.Bom. HC 828
Obtaining consent for transfer is imperative when certified standing orders so provided.HP HC 854
A deputation of an employee to another place not tenable when not stipulated in a contract.HP HC 856
Labour Court has to confine adjudication on terms of reference.Bom. HC 871
Dismissal to be set aside if not based on findings of an enquiry.Karn. HC 866
Appeal under Gratuity Act is to be filed within prescribed limits.Mad. HC 864
Workman must prove to have worked for 240 days in preceding 12 months.Bom. HC 871

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

Prosecuting Directors and General Manager untenable if filed without obtaining sanction.P&H HC 914
EPF Tribunal has to consider material on record while setting aside an order of EPF Authority.Bom. HC 877
Pre-deposit of 75% of the determined amount not necessary in appeal against levy of damages and interest.Cal. HC 883
Miscellaneous allowance, when paid regularly, would not be excluded for EPF contributions.Bom. HC 880
A purchaser of property free from encumbrances not liable for EPF dues prior to transfer.Bom. HC 878
Second wife not a family member of a pensioner married after retirement.Ker. HC 899
Failure to dispose of grievance of aggrieved party is a dereliction of duty by EPF authority.Mad. HC 911
After bona fide partition, each legal heir will be an independent entity.Ker. HC 893
All departments/ branches situated anywhere will be the same establishment under the Act.Supreme Court 922
Educational institutions receiving 100% grant in aid is exempted for coverage under the Act.Mad. HC 903
Disposal of an appeal needs fresh consideration when only secondary factors were considered.Bom. HC 877
Assessing damages without supportive reasons not proper.Cal. HC 883
A child adopted after retirement is not eligible for the pension.Ker. HC 899
No writ is tenable against a show cause notice by EPF authority.Mad. HC 907
Compliance of statutory requirements imperative on closure of establishment.Ker. HC 887
Mens rea on part of the employer is relevant for levying damages.Cal. HC 883
EPF authority must dispose of representation made by an aggrieved party.Mad. HC 911
Waiver of damages untenable in absence of justifiable reasons.P&H HC 915
Damages for delayed payment being penalty cannot be recovered in mechanical manner.Bom. HC 874
All concerned establishments are to be notified by PF authority to club them for coverage.Ker. HC 887
Levy of damages not proper on a sick unit and in absence of willful default for EPF dues.Bom. HC 874
.
July 2018

REPORTED JUDGMENTS AT A GLANCE

IMPORTANT JUDGMENTS

A worker of contractor cannot seek reinstatement from principal employer.All. HC 758
Non compliance of transfer order justifies termination.HP HC 727
Termination sans enquiry even for misappropriation is not legal.P&H HC 729
Hurling of filthy abusive language at a senior officer justifies dismissal.Bom. HC 764
Murder of worker near his residence after duty is an ‘accident’ for compensation.Del. HC 708
Holding of enquiry is not necessary on admission of misconduct.HP HC 727
Execution of receipt of legal dues debars an employee to make any claim.Raj. HC 750
‘No work no wages’ applies on not reporting at transferred place.Mad. HC 752
Dismissal of workman abusing his senior after holding enquiry would be justifiedBom. HC 764
Bank Manager is to ensure verification of borrowers of loan.Gau. HC 724
Objection on language is not sustainable when worker is represented by an AdvocateBom. HC 764
Termination without enquiry is violation of natural justiceP&H HC 729
Non-verification of the borrowers by Bank officer is a serious misconductGau. HC 724
Silence about any document or FIR by way of cogent evidence would be deemed admission of the contentsDel. HC 708
 SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PP&R) ACT
ICC must ensure fair trial of alleged predator.Del. HC 697
An aggrieved woman need not file complaint in person.Raj. HC 732
Enquiry is invalid when external member is not qualified.Del. HC 697
Cognizance can be taken by ICC on recording statement of victimRaj. HC 732
Appointment of senior level women officer of chairman of ICC is not illegalRaj. HC 732
Employers, courts and society must root out misbehaviour with any womanDel. HC 697
For a member of ICC legal background is not necessaryRaj. HC 732
Any two employees committed to women’s cause can be member of ICC.Raj. HC 732
Merely registration of FIR in Gurgaon will not exclude Delhi jurisdictionDel. HC 697
 EMPLOYEES’ PROVIDENT FUNDS & MP ACT
EPF Appellate Tribunal is empowered to pass a conditional order of stayDel. HC 791
No appeal lies against levy of interest for delayed deposit of EPF duesDel. HC 791; Del. HC 800
Composite order of interest and damages for delayed deposit is appealableDel. HC 791
Employer can’t be held liable for delay due to bank or postal departmentDel. HC 793
Composite order passed under section 14-B and 7-Q of Act is appealableDel. HC 799
Ex-parte order is justified on non-participation by employerP&H HC 802
An appeal is untenable when employer did not reply to show cause noticeP&H HC 805
High Court can stay the recovery of EPF dues when Tribunal is not functioningMad. HC 810
Tribunal is empowered to reduce deposit of 75% of the determined amountAll. HC 813
A point of law can be taken in higher court for the first timeCal. HC 784
Reduction of pre deposit amount is not bad even if appellant did not state financial difficulty to depositAll. HC 813
Appeal filed beyond prescribed limitation not tenableMad. HC 810
Levy of damages for delayed deposit of EPF dues is mandatoryP&H HC 805
Employer must deposit EPF dues on allotment of code numberP&H HC 802
Passing of order by Tribunal on covering letter of EPF authority is not legalP&H HC 802
Pendency of writ petition can be a ground for extension of time for appealMad. HC 810
Mere pendency of appeal does not prohibit EPF to recover determined amountDel. HC 811
An Order passed by Tribunal beyond jurisdiction is untenableP&H HC 802
Reasons must be given for rejecting waiver for deduction of pre-deposit on admission of appealAll. HC 813
Exempted establishment can’t be brought within ambit of Act by notificationCal. HC 784
Pre-deposit not necessary on appeal in Composite order is for interest and damagesDel. HC 791
No damages for delayed deposit can be levied when dues were timely depositedDel. HC 793
Principle of mens rea would not be attracted if the explanation to show cause notice is not submittedP&H HC 805

 

.
June 2018

REPORTED JUDGMNETS AT A GLANCE

IMPORTANT JUDGMENTS – JUNE 2018

 

Termination at end of probation is not punitive.Supreme Court 579
Dismissal justified for sexual harassment and assault on a lady officer.Pat. HC 595
Employees on contract basis are also entitled to maternity leave.Ker. HC 601
Summons for appearance in court only valid when served on the named person.All. HC 586
Termination of fixed-term employee, not retrenchment.P&H HC 622
Contractor’s employee controlled by principal employer, doing regular jobs to be regularised.Supreme Court 612
Failure to report for duty can be construed as abandonment of job.Del. HC 628
Regularisation can’t be denied to a workman when three others were regularised.Mad. HC 637
Death by drowning of Field Officer will be ‘accident’ for compensation though away from main office but within the premises.Ker. HC 604
Dismissal from service of an employee also causes financial death to family.Karn. HC 607
Irregularities in sanction of the loan by bank employee would justify dismissal.Del. HC 616
Industrial dispute untenable when raised after abnormal delay.P&H HC 622, Del. HC 618
No disciplinary action called for on termination of a contractual employee.P&H HC 622
Last drawn wages not payable to a reinstated workman when offered to be employed.Mad. HC 637
Compensation instead of reinstatement appropriate when not paid retrenchment compensation.P&H HC 623
No stipulation in Payment of Wages Act to deposit worker’s money in a particular bank.Ker. HC 625
Direction to pay bonus sans formula prescribed by Bonus Act is set aside.Guj. HC 590
Evidence Act is not applicable to the claim under Employees’ Compensation Act.Gau. HC 598
Abandonment is to be presumed on Inspector’s report stating workman himself is absenting.Del. HC 628
Canteen employees employed by Society but controlled by Port Trust will be latter’s employees.Supreme Court 612
Employees covered under EPF & ESI by the contractor will not be employees of principal employer.Del. HC 618
Employer can lead evidence in Labour Court when enquiry as held is vitiated.Karn. HC 607
Last drawn wages during pendency in the higher court to be at current rate of minimum wages.Mad. HC 637

 

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

 

Pre-deposit not necessary on filing of appeal challenging damages.Del. HC 648
Writ petition maintainable for staying of recovery when Tribunal is not functioning.Ker. HC 658, Cal. HC 650
Levy of damages must have supporting reasons of explanation.Guj. HC 677
Opportunity must be given to employer before coverage of an establishment.All. HC 686
Failure to appear before EPF authority despite many opportunities, employer can be allowed to defend on payment of cost.P&H HC 688
No appeal lies before Tribunal against levy of interest.Ker. HC 695
Order of Tribunal supported with reasons not to be interfered by High Court.Del. HC 643
High Court not to entertain a writ petition against a notice by EPF authority.Del. HC 646
Failure to challenge the number of employees in report of Enforcement Officer can’t be questioned later on.Cal. HC 650
Levy of damages for delayed payment not justified without enquiry.Mad. HC 660
An appeal against the interlocutory order is not maintainable.Pat. HC 664
An order of damages and interest is appealable before Tribunal.Del. HC 648
Tribunal can impose conditions while granting stay of recovery.Karn. HC 669
Liability for EPF dues can’t be warded off merely due to indebtedness.Guj. HC 677
An employer has special knowledge of number of employees.Cal. HC 650
High Court can entertain a writ against show cause notice when not issued by competent authority.Mad HC 683
Instalments for EPF dues can be allowed to an employer facing financial crises.Ker. HC 657
EPF Authority not to demand contributions upon allowance till disposal of appeals in Supreme Court.Mad HC 683
Writ against EPF authority tenable only in absence of opportunity to the employer.Ori. HC 690
Appeal filed after 60+60 days is barred by limitation.Ori. HC 690
A pensioner can modify a nomination already made.Mad. HC 659
Having deposited the damages amount as levied, writ petition not tenable.Mad. HC 662

 

.
May 2018

REPORTED JUDGMENTS AT A GLANCE IMPORTANT JUDGMENTS – MAY 2018

Striking workmen restrained from staging dharna, demonstration etc. within 500 meters of the site of employer.HP HC 535
Mere gate passes not sufficient for treating contractor’s workers as employee of principal employer.Pat. HC 488
Not challenging transfer initially is untenable.Bom. HC 465
Conducting inquiry under POSH Act 500 miles away not proper.Mad. HC 477
Removal from service justified on unauthroised occupation of employers’ quarters.Ker. HC 528
Punishment not to be reduced when past conduct is stigmatic.Karn. HC 496
Absence of registration and license under CLRA Act will not entitle contract workers to be employee of principal employer.Pat. HC 488
Enquiry findings not to be interfered when based on natural justiceSupreme Court 513
Non-submission of preparation form and returns are punishable under ESI Act.Mad. HC 495
Gratuity payable for 22 years being on daily wages 3 years prior to regularisation.Supreme Court 461
Abandonment can be presumed for long absence without intimation.P&H HC 493
Death due to heart attack while on duty, not always an ‘accident’ for compensation.Del. HC 464
For challenging VRS after accepting benefit, the whole amount is to be returned.Karn. HC 500
Once the manufacturing process starts, BOCW Act ceases to apply.Chhat. HC 518
Mere long service on daily wages would not justify regularisation.Guj. HC 542
Transfer may stay only when it is motivated to victimise the workman.Bom. HC 465
Right to strike work is not absolute under Industrial Disputes Act.HP HC 535
Suffering from Asthma and Hypertension not sufficient to stall transfer.Bom. HC 465
Dismissal justified for pilferage and causing loss to the management.Karn. HC 496
Vague complaint under POSH Act is not tenable.Del. HC 472
Internal Committee can extend the delay of complaint by recording reasons.Del. HC 472
Reinstatement after 27 years of litigation is not an appropriate relief.Guj. HC 531
Reinstatement justified when employer fails to seek permission of approval under an industrial dispute.Karn. HC 540
Dismissal for unauthorised absence set aside when the workman suffered grievous injuries and was hospitalised.Mad. HC 546
Biased member not to be on Internal Committee.Del. HC 472
Pre-deposit condition for filing appeal not applicable when it pertains to levy of damages.Del. HC 549
Attachment of bank account on non-payment of determined dues before 60 days is illegal.Mad. HC 563
Burden to prove number of employees  is upon employer and not EPF authority.Pat. HC 567
Financial crises of employer may justify installments of payment of EPF dues.Mad. HC 564
Writ petition tenable when post of Tribunal is lying vacant.Mad. HC 563
A composite order under section 7-A and 7-Q of the Act is appealable under the Act.Del. HC 549
Before effecting arrest of the employer, his movable and immovable properties be attached and sold.Cal. HC 575
Issuing certificate of recovery prior to attachment of bank account is not mandatory.Bom. HC 552
Mere pendency of proceedings with BIFR not sufficient for recovery of EPF dues.Pat. HC 564
No appeal lies against levy of interest for delayed deposit of EPF dues.Del. HC 549
Payment of EPF dues in monthly installments can be directed.Ker. HC 554
After coverage, employer cannot contend that in separate entities employees were less than 20.Mad. HC 555
Belated action by EPF Authority in recovering the EPF dues is not illegal.Pat. HC 564
Pension is a legally vested right which cannot be taken away.Raj. HC 570
Failure of employer to respond to notice by EPF justifies presumption of non-cooperation.Pat. HC 567
Illegal withholding of pension will be payable with interest @ 8.5% per annum.Raj. HC 570
Employer is liable to pay damages with interest upon the delayed payment.Pat. HC 564
Appropriate authority under the Act is Director for payment of EPF dues.Karn. HC 577
An appeal before Tribunal after expiry of prescribed limitation is not sustainable.Karn. HC 576
Writ petition/appeal is not maintainable only if no legal right has been encroached.Ker. HC 578
EPF Authority can recover dues in the absence of stay order.Pat. HC 564
.
April 2018

REPORTED JUDGMENTS AT A GLANCE IMPORTANT JUDGMENTS – APRIL 2018

A union leader must be a role model of integrity and law abiding.Karn. HC 417
Civil Courts can’t grant reinstatement to a dismissed employee.Mad. HC 394
Loss of 70% earning capacity of a driver appropriate for accident compensation.Supreme Court 343
Unexplained and inordinate delay would justify setting aside of dismissal.Supreme Court 344
Appeal against recommendations of Internal Committee of POSH Act is to be filed within 90 days.Ker. HC 363
Awarding back wages sans supporting reasons not tenable.Mad. HC 360
Validity of an enquiry to be decided as preliminary issue.Supreme Court 371
Reinstatement with back wages appropriate when termination is illegal.P&H HC 355
Casual or part time worker having worked for 240 days will get protection under ID ActGuj. HC 402
General Manager of a Corporation not a ‘workman’.Supreme Court 368
Dismissal is justified for pilferage and causing loss.Karn. HC 415
Employer can adduce evidence when an enquiry is vitiated.Supreme Court 371
Unaided educational institutions are covered by ESI.Mad. HC 382
Gratuity can be forfeited only when an employee is guilty of misconducts under the ActMad. HC 384
Order of Controlling Authority can be challenged only in appeal.Del. HC 390
Courts would interfere when punishment is too harsh.Karn. HC 415
Beneficial legislation is to be interpreted for welfare of workers.Ker. HC 406
Legal representation is not permissible in an enquiry.Mad. HC 394
For banks and insurance companies, appropriate government will be Central for POSH Act.Ker. HC 363
Non-payment of suspension allowance would vitiate an enquiry.Supreme Court 344
An incorrigible employee does not deserve sympathy.Karn. HC 415
Punishment can be interfered by Labour Court despite valid enquiry.Supreme Court 371
No reinstatement on the loss of confidence of employer.P&H HC 424
Past record, when stigmatic, would not justify reduction of punishment.Karn. HC 415

EMPLOYEES’ PROVIDENT FUNDS & MP ACT 

Imposition of cost justified when employer failed to produce records despite 18 opportunities.P&H HC 433
Tribunal can pass interim order with or without any condition on admission of appeal.Del. HC 443
Owner of establishment is liable to make payment of EPF dues.P&H HC 441
Copy of the report of EO is to be provided to an employer before initiating proceeding u/s 7A of the Act.Bom. HC 457
An appeal against the composite order for levy of damages and interest is tenable.Del. HC 430
Order of attachment is illegal before limitation period of 60 days in filing appeal.Karn. HC 437
Damages for delayed remittance of EPF contributions not to be waivedKarn. HC 440
High Court can defer recovery proceedings if the P.O. of EPFT is not functioning.Ker. HC 435
Lifting of attachment order justified when major part of amount is deposited.Mad. HC 436
Appeal is not maintainable against every order of PF Authority.P&H HC 434
Allowing installments justified when major amount as determined is paid by government department.Ker. HC 442
EPF dues can be recovered from previous and present owners of establishment.P&H HC 441
Exemption under section 17 of the Act, would not exclude the employer from purview of the Act.Uttr. HC 446
EPF authority can recover the determined amount in absence of a stay.Del. HC 443
75% pre-deposit of determined amount is a prescribed condition for admission of appeal before EPFT.Del. HC 430
Attachment order is rightly revoked for releasing wages of employees.Mad. HC 436
Withdrawal of exemption justified when employer switched over to LIC for EDLI scheme.Uttr. HC 446
Admission of default would not justify the absence of mens rea.Karn. HC 440
An appeal is not tenable against the order for levy of interest.Del. HC 430
Withdrawal of exemption justified when the establishment did not maintain the records as prescribed.Uttr. HC 446
EPFO will return illegally recovered amount.Karn. HC 437
Provident Fund is to mitigate the suffering of workers.Karn. HC 440
Educational institutions are covered by EPF and MP Act.Uttr. HC 455
Order of the EPF Authority covering the ‘associate members’ from retrospective effect is to be set aside.Chhat. HC 456

 

 

.
March 2018

Reported Judgments – March 2018

Acceptance of resignation despite its withdrawal by employee is not legal.All. HC 259
Dismissal of a hospital employee for slapping the doctor is justified.Guj. HC 275
Formation of charitable trust and exemption under Income Tax Act are not sufficient to treat it charitable establishment under Bonus Act.Del. HC 285
Gratuity cannot be adjusted against loan despite employee’s undertaking.Cal. HC 307
Termination for suppression of criminal case for getting job without enquiry is invalid.MP HC 273
Reinstatement is not a thumb rule when termination is set aside.Supreme Court 225
Resignation by an employee with option either to face police case for misappropriation or resign not to be treated under duress.Gau. HC 269
Labour Court is not to interfere in dismissal for grave misconduct.Guj. HC 275
Non appearance of a person who endorsed the list of employees by ESI authority would establish its authenticity.Bom. HC 240
Death of an employee due to heart attack due to work stress will be an employment accident.All. HC 257
Use of LPG gas or electricity for manufacturing would justify applicability of ESI Act.Bom. HC 240
Group Sales Manager is not a “workman” under the I.D. Act.Mad. HC 315
A daily wager has no right to hold the post for continuation.P&H HC 253
Compensation Commissioner is empowered to award more than as claimed.Bom. HC 247
Presenting Officer in enquiry cannot be an independent witness.Del. HC 231
Termination of a confirmed workman without enquiry is not legal.MP HC 273
ESIC will reimburse expenditure for treatment in absence of such facility with ESI.Ker. HC 264
240 days working is established when employer fails to provide attendance record.Uttr. HC 302
Travelling expenses paid for performing duties not wages for ESI contribution.Ker. HC 261
Adjudicator has to decide a reference but cannot question its maintainability.HP HC 306
Exemption under Bonus Act is available only for non-profit establishments.Del. HC 285
Back-wages on reinstatement only when no gainful employment during interregnum.Del. HC 234
High Court will not entertain writ petition against an interim order of Labour Court.Hyd. HC 249
Strike illegal when resorted immediately after settlement.Karn. HC 316
Enquiry officer is not impartial behaving rudely with  female employee.Del. HC 231
Earning for mere survival will not be ‘gainful employment’.Del. HC 228
Hospital charging from patients cannot be a charitable for exemption under Bonus ActDel. HC 285
Internal Complaint Committed under Posh Act is empowered to grant interim relief.Del. HC 236
Seeking direction in a writ for representation by co-worker in enquiry will not be entertained.Mad. HC 313
Limited power is vested in the Labour Court to interfere with the punishment.Guj. HC 275

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

A defaulting employer does not deserve sympathy under EPF & MP Act.P&H HC 326
A Director can escape liability for EPF arrears if he is not the in-charge of establishment.Ker. HC 327
Appeal against show cause notice for recovery not tenable before EPFA Tribunal.Mad. HC 337
An employer cannot escape from applicability of Act unless EO’s report is rebutted.Pat. HC 331
Request for production of record before EPF Tribunal may be allowed on payment of cost.P&H HC 326
EPF Tribunal is not empowered to condone delay in filing appeal after 60+60 days.Cal. HC 334
Pleas not taken before the EPF Authority cannot be taken before the Writ Court.Cal. HC 334
An employee can’t be treated as canteen contractor when not so stated at initial stage of enquiry for coverage.P&H HC 338
If an employee deposits up to salary ceiling will entitled to pension on actual salary.MP HC 328
Employer cannot escape liability for damages for the period after the stay was vacated.Ker. HC 335
Failure to contribute for 10 years, an employee will not be entitled to pension.P&H HC 339
Higher pension available when an employee is depositing additional amount.MP HC 328
Principal employer can’t escape liability for the defaulting contractor.P&H HC 341
Damages for delayed payment of EPF dues not tenable if there was stay order.Ker. HC 335
Recovery of PF of dues when not made from transferor, the EPFO would proceed against transferee of establishment.Ker. HC 336
Damages and cost of recovery will be payable by the defaulter of dues.Mad. HC 337
An affidavit can’t be a substitute for agreement between employer and contractor.P&H HC 338
Neither pension nor any other PF dues can be claimed under section 33-C(2) of the ID Act.P&H HC 339
The employees of contractor will be entitled to be member of the provident fund working in the covered establishment.P&H HC 341
.
February 2018
No mercy for a disruptor of peace and harmony in the establishment.Karn. HC 175
A witness cannot be an impartial enquiry officer.All. HC 143
No union can claim to be the sole bargaining agency with the employer.Mad. HC 167
Supreme Court would rarely interfere with the award of Industrial Tribunal.Supreme Court 159
Dismissal justified when employment obtained by fabricated documents.Supreme Court 164
Dismissal justified for assaulting co-workers and lodging false police complaint against employer.Karn. HC 175
Loss of earning capacity vis-a-vis physical disability has no co-relation to accident compensation.Supreme Court 118
Nature of duties not designation determines if employee is a ‘workman’ or not.Cal. HC 137
Civil Court cannot grant reinstatement on wrongful termination.Del. HC 126
It is for the management to produce evidence in the enquiry.All. HC 143
Principal employer has to ensure deposit of ESI contribution by contractor.Supreme Court 119
Onus to prove 240 days working is on the employee.MP HC 150
Settlement between ‘workmen’ and employer cannot override statutory provisions.Bom. HC 128
In absence of proof the plea of closure of establishment is not tenable.Del. HC 125
Dismissal unjustified when documents not provided to charge-sheeted employee.All. HC 143
High Court not to entertain a reference of a dispute made for adjudication.Del. HC 166
Piece rated workers are also covered under ESI.Supreme Court 119
When enquiry is vitiated, the employer can seek permission for fresh enquiry.Ker. HC 135
Only a ‘workman’ is entitled to protections under Industrial Disputes Act.Cal. HC 137
Associate professor in an educational institution is entitled to gratuity.Ker. HC 132
Termination of contractual services after fixed period is not illegal.Pat. HC 140
Ex-parte enquiry only when the delinquent fails to participate.All. HC 143
Non-payment of retrenchment compensation will render termination as illegal.Cal. HC 137
Interpretation of ESI Act should tilt in favour of employees.Mad. HC 147
Employer himself need not be the member of the Minimum Wages Committee.Supreme Court 113
Monetary relief on setting aside termination of workman depends upon financial position of employer and length of service etc.Supreme Court 159
Forming trade union is a fundamental right.Mad. HC 167
Minimum wage can be fixed as per mechanism provided under Minimum Wages Act.Ker. HC 169
Compensation Commissioner can recover compensation like land revenue.Del. HC 179

EMPLOYEES’ PROVIDENT FUNDS & MP ACT