REPORTED JUDGMENTS AT A GLANCE

 

Sexual harassment is an affront to the fundamental rights of a woman.	Supreme Court 355
Transfer of a low paid employee to a far-off place is not justified.	Raj. HC 399
Dismissal of workman is justified when charge of theft is proved.	Mad. HC 378
Housing Society is not covered by ID Act.	Del. HC 408
Termination is not legal without retrenchment compensation and notice.	MP HC 394, Del. HC 372, P&H HC 396
Failure to report for duty despite repeated letters will amount to abandonment of job.	Del. HC 370
Imposing any punishment without proper enquiry is not tenable.	Del. HC 362
Enquiry on compliance of principle of natural justice will be held fair and proper.	Mad. HC 378
Termination of a probationer with stigma without of enquiry is illegal.	Supreme Court 401
Extension of the limitation period for prosecution is not provided in Factories Act.	HP HC 385
Reinstatement with full back wages is appropriate when termination is illegal.	P&H HC 396
Earned leave not permissible on reinstatement of a workman.	Karn. HC 414
A settlement has to be accepted or rejected as a whole.	Bom. HC 410
Aggrieved party can file appeal under section 45AA of the ESI Act.	Mad. HC 381
Adverse inference to be drawn when a party possessing record fails to produce.	P&H HC 396
Denial of wages for the period the workman was not allowed to resume duties is unjustified.	Del. HC 362
No notice needs to be served by factory inspector for inspection of factory premises.	Cal. HC 391
If guilt of sexual harassment of workman is proved, the perpetrator not to be let off with termination simpliciter.	Supreme Court 401
Consequential benefits would mean those available in normal course to reinstated workman.	Karn. HC 414
Transfer of a bank officer is mala fide when she alleged of sexual harassment against a senior officer.	Supreme Court 355
Dismissal without holding enquiry would justify reinstatement with back wages.	Karn. HC 397
High Court can quash criminal proceedings under the Factories Act if no offence is made out.	Cal. HC 391
Penal rent for unauthorised occupation of employer’s quarter can be adjusted against gratuity of employee.	Jhar. HC 389
Dismissal unjustified when the charge against workman is not proved in enquiry.	Del. HC 364
Inquiry not proper when complainant’s objection about bias by independent member of ICC was not removed.	Supreme Court 355
A plea of fact cannot be pressed at a later stage.	Bom. HC 410
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Levy of damages include number of defaults, amount involved and mens rea etc. Anr.	All. HC 460
EPFA Tribunal not empowered to condone delay beyond prescribed limitation.	All. HC 448
Period of limitation for filing appeal in Tribunal is not ultra vires.	All. HC 448
Extension of time for appeal applicable in courts but not before EPFA Tribunal.	All. HC 448
When an appeal is dismissed in default, application for its restoration is to be filed within 30 days from the date of order.	Ker. HC 420
Recovery of dues rightly stayed when order was issued before the period prescribed for filing appeal before EPFA Tribunal.	Mad. HC 423
Appeal against order passed under section 7-Q pertaining to interest is not maintainable.	Ker. HC 469
Limitation for filing review against the order of EPF Authority is 45 days.	Mad. HC 446
Without exhausting alternative remedies, challenging the order of EPF Authority in writ petition is not maintainable.	HP HC 439
Insisting payment of determined amount before expiry of prescribed limitation for filing appeal is liable to be set aside.	Mad. HC 443
Pre-deposit can be stayed for filing appeal if interest amount is deposited.	Mad. HC 438
Instalments for EPF can be allowed in view of the Employer’s financial position.	Ker. HC 417, 471; Mad. HC 440, 441, 468, 422
Failure to contest proceeding before EPF authority despite repeated notices would not justify employer’s plea that opportunity for hearing was not provided.	Ker. HC 417
Writ petition is not maintainable against the order without exhausting of the remedy of appeal.	Mad. HC 435
Failure to remit EPF dues in agreed instalments, the EPF Authority may recover the entire remaining amount.	Ker. HC 421
No court can extend limitation for filing appeal beyond prescribed period.	Mad. HC 446
Central Board can waive the whole amount of damages for default in payment of EPF dues by a sick industry.	Mad. HC 441
Imposition of damages in the absence of mens rea is not sustainable.	All. HC 460
During the pendency of stay application, recovery not permissible.	Mad. HC 444
Recovery of EPF contributions would prevail over debts from the employer.	Mad. HC 425
Delayed remittance of EPF dues attracts both i.e. damages and interest.	Ker. HC 469
Whole amount will have to be deposited when payment of instalment is defaulted.	Mad. HC 440
Limitation prescribed in special statute can’t be disturbed by Limitation Act.	All. HC 448
Calculating damages prior to revised rates of 2008 is not legal.	All. HC 460
Order of recovery issued by EPF Authority prior to expiry of limitation period of appeal is to be set aside.	Mad. HC 423
Pre-deposit of 75% of the assessed amount is a must for admission of appeal.	Mad. HC 424
Attachment of bank accounts of a municipality maybe lifted for a short period to take remedial steps.	Mad. HC 435
Tribunal not empowered to exempt from paying total amount of damages.	Mad. HC 441
Delayed remittance of EPF dues for transport company not valid.	Mad. HC 424
EPF Authorities have to dispose of grievance of an employee expeditiously.	Mad. HC 445
Grievances of members of Pension Schemes should be disposed within time bound schedule.	Ker. HC 417

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REPORTED JUDGMENTS AT A GLANCE

 

March 2020
Assaulting, threatening and using filthy language for senior official will justify workman’s dismissal.	Mad. HC 277
Accident compensation will be payable on death due to snake bite while on duty.	Bom. HC 285
Any director/officer can be prosecuted only when company is also a party as accused.	Mad. HC 275
If misconduct is not proved, penalty can’t be imposed on the basis of past record. D.T.C. vs. Krishna Bahal,	Del. HC 246
Termination of services for non compliance of transfer, without enquiry, is not sustainable.	Mad. HC 282
Dismissal from service is justified when employment is obtained on basis of bogus certificate.	Mad. HC 268
Principal employer shall pay if the contractor fails to pay wages to his workers.	Cal. HC 266
Dismissal justified when the employee is held guilty of accepting gratification.	Supreme Court 238
All employees regardless of casuals, ad hoc, part-time or daily wagers are entitled to gratuity.	Del. HC 250
Dismissal from service for disruption of work for one hour is liable to be set aside.	Supreme Court 237
Police will ensure the proper flow of ingress and egress of men and material necessary for proper functioning of a factory.	Karn. HC 275
Reinstatement justified when retrenchment compensation and one-month notice is not paid on termination.	Del. HC 248
Enquiry, if not possible due to tough opposition by a union, can be held by Labour Court.	Mad. HC 277
Probationer has no right to be regularised against the wishes of the Management.	Del. HC 242
Termination of a probationer should be by a simple order.	Raj. HC 273
When an enquiry is held fair and proper, punishment can’t be modified by Labour Court.	MP HC 258
If an unauthorized absence is due to compelling circumstances, termination is not justified.	Bom. HC 253
Enquiry Officer is not always bound by the judgment of the criminal court.	Supreme Court 238
Nominee of the principal employer has to ensure that the contractor pays wages to his workers.	Cal. HC 266
An employer has to start evidence in an enquiry.	Bom. HC 253
Labour Court can determine lump sum compensation in lieu of reinstatement and back wages.	Del. HC 248
Unless prescribed, the maximum period of probation may be reasonably extended.	Del. HC 242
Labour Court will interfere in punishment only when it is shockingly disproportionate.	Mad. HC 277
Merely because of one or two activities were supervisory in nature, the workman could not be termed a non-workman.	Mad. HC 282
Disputed question of facts cannot be resolved in writ petition.	Raj. HC 273
Burden to prove the unauthorized absence is upon management.	Bom. HC 253
Reinstatement with back wages is justified when the enquiry is vitiated.	Supreme Court 237
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Trainees when working as regular employees will be treated as employees for the EPF Act.	Mad. HC 307
No coercive step be taken for recovery of dues till the disposal of the review application.	Mad. HC 337
Functional or financial integrality is the main factor for clubbing of two units.	Mad. HC 322
Recovery proceedings not to be initiated until the prescribed time for filing appeal has expired.	Mad. HC 338 Mad. HC 351
No benefit of provident fund for those who have already superannuated, expired or resigned.	Supreme Court 289
Coercive steps for recovery of EPF dues despite the pendency of stay application is not tenable.	Ker. HC 342
Employees have the first charge over the properties of the defaulter company for recovery of EPF dues.	Mad. HC 328
Delay beyond 120 days is not extendable either by the Tribunal or even by the High Court.	Del. HC 297
Mere common ownership of new establishment is not a necessary factor for clubbing.	Mad. HC 322
Payment by installments can be allowed if the employer is facing financial difficulties.	Ker. HC 340, 341, 343, 350; Mad. HC 336, 326, 326
EPF Authorities are not empowered to initiate any action directly against the Bank.	Mad. HC 328
Any amendment to the Scheme, beneficial to employees shall be automatically applicable.	Del. HC 300
Burden to prove functional integrality between two companies is upon EPF Authority.	Mad. HC 322
Tribunal can allow time for filing appeal up to 60 days beyond first 60 days.	Mad. HC 307
Staying of recovery order is justified in view of sickness of the Company for a long time.	Jhar. HC 349
Once any claim is received under Pension Scheme, the certificate would be required.	Guj. HC 345
Limitation of 60 days in filing an appeal is extendable by the Tribunal on account of sufficient cause of delay.	Del. HC 297
Questions of merit to be decided by EPF authority and not in the writ petition.	Mad. HC 327
Trainees to be treated as regular employees, if not under Apprentices Act or Standing Orders.	Mad. HC 307
Contractual employees not entitled to be covered under the PF Trust created by the Company.	Supreme Court 289
Insisting payment within a shorter time before the expiry of the limitation period for appeal would defeat the very purpose of filing appeal.	Mad. HC 338
High Court can grant interim stay for recovery if the EPF Tribunal is not functioning.	P&H HC 348
If the petitioner has already remitted a heavy amount on interest, further recovery can be stayed.	Jhar. HC 349
Contractual employees are entitled to the benefits of PF Trust from the filing of their writ petition.	Supreme Court 289
EPF Scheme provides that relaxation is liable for withdrawal for breach of any condition.	Del. HC 300
Dispute between bank and defaulter company has no connection with the settlement of EPF dues.	Mad. HC 328
Writ petition without exhausting the statutory remedy of appeal is not maintainable.	Mad. HC 307
Para 27 of the Scheme provides that appropriate Government may lay down any further condition for continued exemption.	Mad. HC 300

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REPORTED JUDGMENTS AT A GLANCE

FEBRUARY 2020
Dismissal of a workman for misappropriation of money is justified.	Supreme Court 119
One who breaches a bond has to pay damages as stipulated to serve for prescribed period	Karn. HC 155
Shouting at the woman employee by a male officer can’t be construed ‘sexual harassment’.	Del. HC 169
Resignation after its valid acceptance can’t be withdrawn.	Mad. HC 149
Adverse inference to be drawn if an employer does not reply to the demand notice by a workman.	Del. HC 124
Misappropriation of public money is a grave misconduct.	Karn. HC 164
Dismissal of workman will be set aside when enquiry violates principle of natural justice.	MP HC 134
A complaint of sexual harassment in Women Cell can be transferred to the Internal Committee of employer.	Bom. HC 128
Dismissal for pilferage and assaulting the checking staff is justified.  Karn. HC 167 Dismissal of an employee is illegal without enquiry, if he failed to comply with a transfer order.	MP HC 130
A sales promotion employee is a workman under ID Act.	MP HC 130
Disciplinary proceedings can be initiated by an authority lower the status of the delinquent officer.	Supreme Court 120
Abandonment can’t be presumed if no letter is written to workman for resumption of his duty.	Del. HC 124
A transfer is illegal in violation of section 9A of the Industrial Disputes Act.	MP HC 130
An inquiry will be fair when delinquent cross-examined the complainant.	Supreme Court 122
Claim for damages is justified if the employee fails to serve in breach of undertaking.	Karn. HC 155
Failure to deposit amount by the cashier of the bank will justify his termination.	Karn. HC 164
Medical Representative is not a ‘workman’ under the Industrial Disputes Act.	MP HC 140
Contract labour system can be abolished only on compliance of section 10(2) of the Contract Labour (R&A) Act.	Karn. HC 162
Full back wages on reinstatement justified if gainful employment is not proved.	MP HC 134
Merely Presiding Officer of ICC was a colleague of respondent is no ground to doubt her integrity.	Del. HC 169
In banking service, honesty and integrity are important factors.	Karn. HC 164
Misappropriation of money of employer is a grave and serious misconduct.	Supreme Court 119
Inappropriate behaviour of a male staff with a woman will not be ‘sexual harassment’.	Del. HC 169
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Order under section 7-A of the Act without a proper opportunity to the employer is liable to be set aside.	P&H HC 211
EPF authority has to summon a contractor with an independent code number.	Mad. HC 197
EPF Authority under Section 7-A of the Act is required to collect more evidence for proper adjudication of the dispute.	Cal. HC 222
Arrest warrant against the principal employer without summoning of contractors with independent Code numbers not sustainable.	Mad. HC 197
EPF authority has to dispose of objections raised by employer u/s 7-A of the Act.	Ker. HC 187
EPF Authority must avoid attachment of bank accounts of the employer before disposal of objections raised by the employer.	Ker. HC 189
Issuing recovery notice to a person not impleaded in section 7-A of Act is unsustainable.	P&H HC 211
Principal employer liable to pay damages for delayed deposit of contractor’s money as retained for timely deposit.	Guj. HC 185
An unreasoned order under section 7A of the Act is liable to be rejected.	Bom. HC 177
Instead of keeping the attached amount, the beneficiaries have to be identified for making payment.	Cal. HC 222
A party cannot be permitted to file the writ petition and an appeal at the same time.	Pat. HC 210
EPF authority can’t attach bank account without issuing prescribed notice to the employer.	Cal. HC 222
Shifting of the office cannot be the sufficient cause for condonation of delay in filing the appeal.	Del. HC 175
Non-consideration of ‘excluded employees’ proves non-application of mind by the EPF authority.	Bom. HC 177
Demand of EPF dues under section 7-A for the old period when the Act was not applicable, is not sustainable.	Bom. HC 181
EPF Authority must dispose of the employer’s objections by passing a speaking order.	Ker. HC 189
EPF Authority is under an obligation to provide certified or attested copies of records relating to the concerned employer.	Mad. HC 194
An employee getting wages more than the prescribed ceiling will be excluded from coverage.	Del. HC 175
Levy of damages is not justified if the financial crisis of employer is proved	Mad. HC 194
An employer is not liable to deposit EPF dues when wages were not paid during the closure period.	Ori. HC 199
When the financial crisis is proved, the remittance of EPF dues in instalments is justified.	Mad. HC 174
For levying damages establishing mens rea on the part of the employer is an essential ingredient.	Mad. HC 229
An order passed by CGIT Tribunal without territorial jurisdiction is not sustainable.	MP HC 190
Condonation of delay in filing an appeal without sufficient cause can’t be allowed.	Del. HC 175
Principal employer has to provide correct addresses of the contractor to the EPF Authority.	Mad. HC 197
Writ petition is maintainable if the decision-making process was contrary to law.	Cal. HC 222

[

Rs.25 lakh as compensation to complainant for sexual harassment, loss of reputation & emotional distress etc.	MP HC 40
A worker guilty of theft loses confidence of employer hence; dismissal is justified.	Jhar. HC 26
Reinstatement with back wages appropriate when the enquiry is set aside.	Supreme Court 1
Owner of house liable, if contractor fails, to pay accident compensation.	Del. HC 9
Complaint for violation of Contract Labour (CLR&A) Act can be filed within three months.	Karn. HC 37
Back wages on reinstatement can be denied if the employment of workman is established.	MP HC 24
An exempted establishment cannot be burdened with the payment of gratuity.	Mad. HC 17
Running a factory without a licence is criminal offence.	Supreme Court 6
No relief on termination if the workman has not served for 240 days.	Guj. HC 11
Conviction by Court for involvement in moral turpitude would justify the forfeiture of gratuity.	Jhar. HC 31
Reasons must be given, when disciplinary authority disagrees with findings of enquiry officer.	Supreme Court 1
Limited scope for interference by Labour Court when the enquiry is held to be fair and proper.	Jhar. HC 26
Awarding back wages on reinstatement is not automatic.	MP HC 22
Unauthorised absence of over two years without reason would justify dismissal.	Del. HC 7
Appropriate government can’t delve into merits of a dispute by a workman.	Karn. HC 35
Mere pendency of criminal case could not justify denial of gratuity.	Jhar. HC 29
Documents of an employer when not denied by workman will be admitted in evidence.	Guj. HC 11
No gratuity payable to a corrupt and immoral employee.	Jhar. HC 31
Misappropriation for employer’s money amounts to moral turpitude for forfeiture of gratuity.	Jhar. HC 31
Medical expert, not the compensation commissioner, can determine the loss of earning capacity on accident of an employee.	Gau. HC 15
Denial of back wages on illegal termination will be construed as rewarding the employer.	MP HC 24
Reinstatement with back wages appropriate relief on wrongful dismissal.	MP HC 22
Rs.50,000 as penalty imposed upon a hospital for non-constituting of internal complaint committee under POSH Act.	MP HC 40
Compliance of section 25F of ID Act only when worker has worked for 240 days.	Guj. HC 11
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Over Rs.79 crore to be deposited by EPF authority to settle claims of eligible employees.	Mad. HC 96
Determination of EPF dues sans identification of beneficiaries not tenable.	Pat. HC 77
Full-fledged enquiry under section 7A of the Act is to be conducted for the determination of money due from the employer.	Mad. HC 96
Delayed deposit of EPF dues would attract damages and interest.	Del. HC 71
Principal employer not liable for contractor’s employees, if also working for other employers.	Del. HC 67
Special allowance without any speciality would attract EPF contributions.	Mad. HC 110
Installment can be allowed when an employer is facing crises.	Mad. HC 79, 92, 117
Damages/interest for delayed deposit of EPF dues can be waived/reduced only when an establishment is declared as a sick unit.	Mad. HC 80, 82
No condonation of delay for filing appeal beyond the prescribed period is permissible.	Mad. HC 82
Emoluments, necessarily and ordinarily paid to all employees, will attract EPF contributions.	Mad. HC 110
Levy of damages not justified in the absence of mens rea on the part of employer.	Mad. HC 90
Tribunal is empowered to waive completely or partially the pre-deposit determined the amount.	Del. HC 67
Order for reduction of damages without any reason is liable to be quashed.	Mad. HC 93
High Court can condone delay for filing an appeal due to severe personal difficulties.	Del. HC 69
Employer be provided an opportunity for representation in proceedings under section 7A of Act.	Mad. HC 96
Damages and interest to be attracted for belated payment without sufficient cause.	Mad. HC 83
Appeal not writ petition tenable to challenge the order under section 7A of the Act.	Mad. HC 108
Damages can’t be reduced unless proof of sickness of the unit is furnished.	Mad. HC 93
Variable payments to employees like encashment of leave not to be treated as ‘basic wages.	Mad. HC 110
Apprentices under Apprenticeship Act not ‘employees’ to be covered under the Act.	Ker. HC 114
Violation of the Act will attract criminal action.	P&H HC 113
A principal employer cannot shift the responsibility of EPF dues upon the contractor.	Mad. HC 108

Reported Judgments at a glance – Dec 19

Removal of bank executive for financial irregularities is justified.	Supreme Court 1300
Compensation not reinstatement after three decades of litigation.	Supreme Court 1299
No limitation for filing claim for gratuity within 30 days.	Del. HC 1306
Transfer as a punishment not tenable.	Del. HC 1308
Gratuity Act becomes applicable from the day when there are 10 or more employees.	Ker. HC 1312
No back wages if employee is gainfully employed.	P&H HC 1317
Termination illegal, if retrenchment compensation is not paid.	Supreme Court 1299
Ex-parte award justified on failing to participate in the proceedings.	Supreme Court 1303
Appeal untenable when award is supported with reasons.	Supreme Court 1303
Denial of opportunity for defence untenable when the delinquent failed to avail the same.	Supreme Court 1300
Gratuity Act is applicable even on a society.	Ker. HC 1312
Failure of employer to prove charges, punishment would be untenable.	Karn. HC 1319
Temporary/casual employees will also be counted for Gratuity Act. Ker.	HC 1312
Employer can lead fresh evidence if enquiry is vitiated by Labour Court.	P&H HC 1315
Writ petition to be dismissed when filed after 3 years after implementing the award.	P&H HC 1315
A plea not taken at the initial stage cannot be taken afterwards.	P&H HC 1315
Not permissible for employee to delay the enquiry proceedings.	Supreme Court 1300
Reinstatement of back wages appropriate on rejection of application for approval.	Del. HC 1304
Non rebuttal by employer, the allegations of employees will stand admitted	Del. HC 1306
Five-year service is to be counted in one and not in two entities for gratuity.	Del. HC 1306
Transfer mala fide when employee approached higher authority for redressal of grievances.	Del. HC 1308
Reinstatement with back wages is appropriate on illegal termination.	Supreme Court 1303
Service policy / rules cannot be applied with retrospective effect.	P&H HC 1317
Grievances of an employee be decided within reasonable period by speaking order.	P&H HC 1331
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Appeal in Tribunal admissible only on pre-deposit of determined amount.	MP HC 1335
Date of birth can’t be corrected in writ petition for enhancement of pension.	HP HC 1341
Control and functional integrality in more than one establishment will justify its clubbing.	Supreme Court 1323
Determination of EPF dues without prior notice is not sustainable.	Del. HC 1344
Limitation for filing an appeal is to be from the date of order.	Karn. HC 1342
Determination of EPF dues for long duration of 25 years merely on show cause notice is not tenable.	Del. HC1344
Similar nature of work in three establishments with functional integrality would justify its clubbing.	Supreme Court 1323
Consumer Court can also entertain an applicable for non-payment of EPF dues.	MP HC 1336
Ten-year service imperative for entitlement to pension.	MP HC 1338
EPF Act is welfare legislation hence grievance redressal must be expedited.	HP HC 1340
Conflicting date of birth in family register and school leaving certificate to be decided by evidence.	HP HC 1341
EPF authority is empowered to impose damages and interest for delayed payment of EPF dues.	Supreme Court 1323
Defaulting employer must be imposed damages and interest for delayed payment.	Ker. HC 1346
Defective determination on show cause notice to be reconsidered by EPF authority.	Del. HC1344
Entire amount payable on failure of to pay timely installment allowed.	Mad. HC 1332; Mad. HC 1334; Ker. HC 1340
Employer is obliged to pay deposit both shares as per para 30 of the scheme.	MP HC 1336
EPF authority must not fail to pay pension on completion of 10-year service.	MP HC 1338
Pre-deposit of admission of appeal can be reduced by Tribunal with supporting reasons.	Mad. HC 1332
Two units by one proprietor are likely to be clubbed for coverage.	Supreme Court 1323
A plea not taken in initial stage in enquiry cannot be taken later on.	Mad. HC 1344
Waiver of pre-deposit on facts of each appeal.	Mad. HC 1332;
Financial hardship justified to allow reinstatement of PF dues.	Mad. HC 1334;  Ker. HC 1340
Waiver applicable with appeal to be decided at first instance.	Mad. HC 1332
Reducing 50% pre deposit as ordered by Tribunal to 10% is justified.	Del. HC 1344

 

REPORTED JUDGMENTS AT A GLANCE

November 2019

Acquittal in Criminal Court does not preclude departmental inquiry against delinquent.	Supreme Court 1181
Termination for loss of confidence justified when workman has confessed misappropriation.	Del. HC 1189
Termination of a habitual absentee is justified.	Mad. HC 1199
Regional Sales Office is not to be covered as the ‘factory’.	Mad. HC 1230
It is for the employer to prove that the workman has abandoned the job.	P&H HC 1209
Any party aggrieved by authority under ESI can seek redressal in the higher Forum.	Del. HC 1184
Termination of services of a workman without conducting the proper enquiry is illegal.	Del. HC 1191
Prosecution of employer untenable when the workman met an accident because of his own negligence.	Karn. HC 1215
Abandonment of job can’t be presumed without holding of enquiry.	P&H HC 1209
Misappropriation, if not proved, dismissal from service not justified.	Del. HC 1223
Upward increase in wages depends upon  the profitability of an individual unit.	Karn. HC 1226
Disciplinary Authority is not bound by a criminal court judgment.	Supreme Court 1181
Compensation, in lieu of restatement, depends upon the length of service, wages, and age of workman.	Karn. HC 1217
Conciliation Officer under ID Act has limited powers for settlement of a dispute.	Mad. HC 1197
Ex-parte award even after its publication can be set aside on sufficient cause.	Mad. HC 1195
Prosecution for violation of Factories Act without considering a reply to show notice is liable to be quashed.	Mad. HC 1203
Employer has to seek permission for a fresh opportunity to lead evidence.	P&H HC 1207
Reinstatement of an employee guilty of misappropriation liable to be set aside.	Del. HC 1189
Reinstatement with back wages is a rule on wrongful termination.	Del. HC 1186
Termination of service of a workman would be illegal if based on a criminal case.	MP HC 1213
Death due to stress and strain of work will be treated as an ‘accident’ for compensation.	Mad. HC 1232
Departmental proceedings and criminal trial can proceed simultaneously.	Supreme Court 1181
An employer not to hold an enquiry in misconduct resulting in ‘loss of confidence’.	Del. HC 1189
Full back wages appropriate when employee is exonerated for misconduct.	Del. HC 1223
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Employees of the contractor to be treated as employed by the principal employer when the contract between parties is held to be sham.	Del. HC 1254
Penal code does not contain any provision for attaching vicarious liability on the Directors of the Company.	Cal. HC 1249
General Insurance and Life Insurance are separate genres of insurance business.	All. HC 1275
Section 14-B of the Act does not mandate that damages must follow in every default	Mad. HC 1271
EPF dues of defaulting employer are recoverable from the third party if it holds money of defaulting employer.	Del. HC 1291
EPF Authority may be restrained from giving further effect to recovery if already remitted by the petitioner.	Cal. HC 1247
Filing appeal after 60 days only when there are justifiable reasons for the delay.	Bom. HC 1286
Non-supply of a copy of the report of Enforcement Officer to employer is not fatal if no prejudice is caused.	All. HC 1244
When the employer is financially sick, payment of EPF dues may be in instalments.	Mad. HC 1265
Cut-off date for higher pension prescribed as 01.12.2004 is invalid.	Mad. HC 1267
Reasons have to be given by Tribunal for waiver or reducing pre-deposit on admission of appeal.	Mad. HC 1269
Delayed deposit of EPF dues would attract the statutory rate of interest.	All. HC 1244
Merely because of the purchase of a new product, the establishment cannot be said to be a new one.	Supreme Court 1241
Amount of pre-deposit of 75% may be waived off or reduced to any extent by considering facts and circumstances.	All. HC 1277
EPF Authority has no power to determine as to who are the debtors of defaulting employer.	Del. HC 1291
An order passed in violation of principles of natural justice is not sustainable.	Ker. HC 1274
Director is not employer/owner within meaning of section 405 of the Penal Code.	Cal. HC 1249
Employees of exempted establishments are also entitled to the enhanced pension.	Mad. HC 1267
Wages to workers of contactor if being paid by the principal employer, the latter will be treated as an employer.	Del. HC 1254
High Court not to admit writ when appropriate remedy is available be u/s 7-A of the Act.	Jhar. HC 1256
LIC is not to be covered under Employees Provident Funds and Miscellaneous Provisions Act, 1952 since it is not engaged in general business.	All. HC 1275
Plea of non-identification of beneficiaries before EPF authority not appropriate when petitioner did not produce its records.	Bom. HC 1286
Remedy for challenging levy of damages for delayed payment is u/s 7-A and not a writ petition.	Jhar. HC 1257
EPF contribution can be allowed to be paid in instalments in certain conditions.	Ker. HC 1258
Depositing EPF dues after lodging of complaint, the defaulting employer cannot be exonerated.	Cal. HC 1249

 

IMPORTANT JUDGEMENTS AT A GLANCE – OCT 2019

High Court imposed hefty cost of Rs.50,000 on woman for false complaint of sexual harassment.	Del. HC 947
Dismissal is justified due to long unauthorized absence.	P&H HC 984
ermination proper on the recommendations of inquiry held under POSH Act.	Supreme Court 999
Maternity Benefit Act applies to contractual employees also.	Bom. HC 1003
Termination of contractual employee for short period not illegal.	Supreme Court 945
Instead of Rs.50,000 compensation in lieu of reinstatement High Court enhanced to Rs.4,00,000 considering service of 10 years.	Del. HC 955
An enquiry to be vitiated on denial of representation to workman.	Del. HC 951
Dismissal for long absence for alleged illness without any proof is justified.	Del. HC 946
Government can’t refuse to refer a dispute saying that complainant is not a ‘workman’.	Pat. HC 964
Failing to respond various communications for resumption of duty would justify abandonment by a workman.	P&H HC 984
Murder of an employee due to personal animosity is not an accident for claiming compensation.	Karn. HC 971
No interest can be paid on retrenchment compensation when workman refused to accept the same.	P&H HC 970
Straightaway imposition of punishment on the basis of ICC findings not tenable being violative of natural justice.	Cal. HC 990
No reinstatement of an employee on the loss of employer’s confidence.	Del. HC 956
Dismissal of deputy manager justified for absenting on seven occasions for 177 days.	Jhar. HC 961
No interference by writ court in enquiry held as per natural justice.	Jhar. HC 961
Reinstatement with back wages appropriate when termination violative of section 25-F of the ID Act.	P&H HC 969
Termination of even a temporary employee for misconduct without enquiry is not valid.	Supreme Court 945
Inquiry by ICC is vitiated if report not provided to the perpetrator.	All. HC 965
Disputed questions of facts need to be adjudicated by Industrial Adjudicator.	Bom. HC 982
Ex-parte enquiry is justified when delinquent failed to appear despite communication through various means.	P&H HC 984
Fresh inquiry on same charges of earlier, enquiry not tenable.	Karn. HC 975
Any agreement prejudicial to Maternity Benefit Act is not legal.	Bom. HC 1003
Auto Industry can’t be declared public utility service under Industrial Disputes Act.	Mad. HC 963

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

Workers stitching garments from home are covered under the EPF Act.	Supreme Court 1019
Any relief granted by the Court may be withdrawn if the condition is not fulfilled.	Karn. HC 1055
Writ petition is maintainable at the place where the original authority exercised jurisdiction.	Supreme Court 1058
Depositing of misappropriated money is no ground for quashing of FIR.	P&H HC 1060
Writ can be admitted when Appellate Tribunal is on leave.	Mad. HC 1040
EPF Tribunal is empowered to reduce or waive damages for delayed payment of dues.	Del. HC 1034, 1035
Recovery of dues can be stayed till disposal of appeal by EPFA Tribunal.	Cal. HC 1054
Appeal not writ is appropriate forum for challenging the order of EPF authority.	Cal. HC 1042
Employees’ Pension Scheme, 1995 reflects the formula for calculation of past service.	Raj. HC 1051
Opportunity of hearing is imperative before resorting to any coercive action for recovery.	Karn. HC 1056
EPF Authority has legal obligation to consider the objections raised by the employer.	Karn. HC 1056
Calcutta High Court has the jurisdiction for writ petition against the order of the EPF Appellate Tribunal, New Delhi.	Supreme Court 1058
Late deposit of EPF contributions is also a criminal offence.	P&H HC 1060
Remittance of EPF dues in instalments as an exceptional case due to financial difficulties is proper.	Mad. HC 1056
72 instalments for payment of Rs 20 crores is appropriate to save employer from devastation.	Pat. HC 1043
Higher pension also available to employees working in exempted trusts of establishments.	Del. HC 1024
Instalments can be allowed for determined amount for financial crises faced by employer.	Ker. HC 1036
Work at home staffs also get provident fund.	Supreme Court 1019
Failure to pay instalments would justify recovery of whole amount besides legal action.	Pat. HC 1043
EPFA Tribunal, not writ court, is the appellate authority to adjudicate the matter on merits.	Mad. HC 1040
Last service and past service pensionable are two different terms.	Raj. HC 1051
When transferee employer is paying EPF contributions, transferor cannot be liable for default.	Raj. HC 1048
Pre-deposit can be reduced to 25% in view of financial difficulty of appellant employer.	Mad. HC 1037
Delay for filing appeal can be condoned up to 60 days on sufficient cause.	Cal. HC 1042

REPORTED JUDGMENTS AT A GLANCE

High Court imposed hefty cost of Rs.50,000 on woman for false complaint of sexual harassment.	Del. HC 947
Dismissal is justified due to long unauthorized absence.	P&H HC 984
ermination proper on the recommendations of inquiry held under POSH Act.	Supreme Court 999
Maternity Benefit Act applies to contractual employees also.	Bom. HC 1003
Termination of contractual employee for short period not illegal.	Supreme Court 945
Instead of Rs.50,000 compensation in lieu of reinstatement High Court enhanced to Rs.4,00,000 considering service of 10 years.	Del. HC 955
An enquiry to be vitiated on denial of representation to workman.	Del. HC 951
Dismissal for long absence for alleged illness without any proof is justified.	Del. HC 946
Government can’t refuse to refer a dispute saying that complainant is not a ‘workman’.	Pat. HC 964
Failing to respond various communications for resumption of duty would justify abandonment by a workman.	P&H HC 984
Murder of an employee due to personal animosity is not an accident for claiming compensation.	Karn. HC 971
No interest can be paid on retrenchment compensation when workman refused to accept the same.	P&H HC 970
Straightaway imposition of punishment on the basis of ICC findings not tenable being violative of natural justice.	Cal. HC 990
No reinstatement of an employee on the loss of employer’s confidence.	Del. HC 956
Dismissal of deputy manager justified for absenting on seven occasions for 177 days.	Jhar. HC 961
No interference by writ court in enquiry held as per natural justice.	Jhar. HC 961
Reinstatement with back wages appropriate when termination violative of section 25-F of the ID Act.	P&H HC 969
Termination of even a temporary employee for misconduct without enquiry is not valid.	Supreme Court 945
Inquiry by ICC is vitiated if report not provided to the perpetrator.	All. HC 965
Disputed questions of facts need to be adjudicated by Industrial Adjudicator.	Bom. HC 982
Ex-parte enquiry is justified when delinquent failed to appear despite communication through various means.	P&H HC 984
Fresh inquiry on same charges of earlier, enquiry not tenable.	Karn. HC 975
Any agreement prejudicial to Maternity Benefit Act is not legal.	Bom. HC 1003
Auto Industry can’t be declared public utility service under Industrial Disputes Act.	Mad. HC 963

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

Workers stitching garments from home are covered under the EPF Act.	Supreme Court 1019
Any relief granted by the Court may be withdrawn if the condition is not fulfilled.	Karn. HC 1055
Writ petition is maintainable at the place where the original authority exercised jurisdiction.	Supreme Court 1058
Depositing of misappropriated money is no ground for quashing of FIR.	P&H HC 1060
Writ can be admitted when Appellate Tribunal is on leave.	Mad. HC 1040
EPF Tribunal is empowered to reduce or waive damages for delayed payment of dues.	Del. HC 1034, 1035
Recovery of dues can be stayed till disposal of appeal by EPFA Tribunal.	Cal. HC 1054
Appeal not writ is appropriate forum for challenging the order of EPF authority.	Cal. HC 1042
Employees’ Pension Scheme, 1995 reflects the formula for calculation of past service.	Raj. HC 1051
Opportunity of hearing is imperative before resorting to any coercive action for recovery.	Karn. HC 1056
EPF Authority has legal obligation to consider the objections raised by the employer.	Karn. HC 1056
Calcutta High Court has the jurisdiction for writ petition against the order of the EPF Appellate Tribunal, New Delhi.	Supreme Court 1058
Late deposit of EPF contributions is also a criminal offence.	P&H HC 1060
Remittance of EPF dues in instalments as an exceptional case due to financial difficulties is proper.	Mad. HC 1056
72 instalments for payment of Rs 20 crores is appropriate to save employer from devastation.	Pat. HC 1043
Higher pension also available to employees working in exempted trusts of establishments.	Del. HC 1024
Instalments can be allowed for determined amount for financial crises faced by employer.	Ker. HC 1036
Work at home staffs also get provident fund.	Supreme Court 1019
Failure to pay instalments would justify recovery of whole amount besides legal action.	Pat. HC 1043
EPFA Tribunal, not writ court, is the appellate authority to adjudicate the matter on merits.	Mad. HC 1040
Last service and past service pensionable are two different terms.	Raj. HC 1051
When transferee employer is paying EPF contributions, transferor cannot be liable for default.	Raj. HC 1048
Pre-deposit can be reduced to 25% in view of financial difficulty of appellant employer.	Mad. HC 1037
Delay for filing appeal can be condoned up to 60 days on sufficient cause.	Cal. HC 1042

 

IMPORTANT JUDGMENTS – AUGUST 2019

Any change in appointment letter by corrigendum is not permissible.	Guj. HC 888
No automatic absorption of contractor labour on prohibition contract labour system.	Supreme Court 892
Dismissal justified for misappropriation of fund by an employee.	Mad. HC 862
No reinstatement if the workman has lost confidence of the management.	Del. HC 885
Sit-in protests inside the factory premises, beyond working hours, is criminal offence.	Mad. HC 869
Transfer can be challenged labour authority only when supported by substantial number of company’s workmen.	HP HC 856
An ex-parte award can be set aside on sufficient cause for absence.	Supreme Court 827
Hooliganism can’t be allowed to disturb industrial peace in the name of peaceful demonstration.	Mad. HC 841
No relief is to be given by Labour Court to a worker when misappropriation is proved in a proper enquiry.	Mad. HC 862
Fraudulent transaction of money for self gains by a worker is a grave misconduct.	Del. HC 885
Forcible entry by workers inside the premises of a factory is offence of trespass.	Mad. HC 869
Termination for unauthorised absence without enquiry is not legal.	All. HC 830
An insured employee can claim accident compensation only under ESI Act.	Bom. HC 828
Labour Court not to be functus officio even after expiry of 30 days from publication of award.	All. HC 833
A person can be tried for offence under Factories Act and also Indian Penal Code.	Chhat. HC 848
An appeal under Gratuity Act has to be filed within 60 days and condonation of delay can’t be beyond 60 days.	Mad. HC 868
Police protection can be provided to employer for free ingress and egress of men and material.	Mad. HC 869
Engaging contract labour despite prohibition will amount to criminal offence.	Supreme Court 892
Absorption of contract labour only when the system is held to be sham or camouflage.	Supreme Court 892
High Court not be interfere in punishment imposed by employer after holding fair enquiry.	Mad. HC 862
Police help is to be provided to employer if employees fails leave the factory premises.	Mad. HC 869
Right to demonstration by the workers is subject to reasonable restrictions.	Mad. HC 841

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

Company is employer, not its directors for default of PF dues.	Ker. HC 905
Enforcement Officer can’t determine amount of EPF contributions, damages or interest.	Karn. HC 943
Nominee receives the amount to the credit of deceased member which can be claimed by other heirs.	Cal. HC 910
On attaining 58 years after 20 years service, a member is entitled to weightage of two years for pension.	Bom. HC 931
Challenging every show cause notice by writ petition is not maintainable.	Mad. HC 912
EPF Authority can make enquiry under S.7A to ascertain the applicability of the Act upon the employees of a Bank.	Bom. HC 919
The EPF Authority has to pass a speaking order on any application.	Guj. HC 917
Tribunal can impose any justified condition while staying the order of recovery.	MP HC 935
Employees can exercise their option in terms of Proviso to Clause 11(3) of Pension Scheme.	Mad. HC 936
Employees, drawing pension would also be entitled to regular departmental pension.	All. HC 937
Criminal offence against a Company is to be decided by Trial Court.	Cal. HC 906
Writ petition tenable when Tribunal is not functioning for a long time.	P&H HC 913
Operation of recovery shall remain stayed till outcome of the application filed for restoration of appeal.	Del. HC 933
Indian Penal code does not contain any vicarious liability on Managing Director or the directors when accused is Company.	Cal. HC 906
Delay of about 6 years in filing the writ petition is condonable since the delay was bonafide.	Bom. HC 929
Nomination does not confer any beneficial interest except that he receives the amount to the credit of the deceased member.	Cal. HC 910
Word ‘month’ is not used in the Employees’ Pension Scheme.	Bom. HC 931
Enforcement Officer can’t decide applicability of the Act.	Karn. HC 943
Employer can take action against its banker for delay to deposit PF dues.	Mad. HC 912
Straightway determination of the money in respect of Pigmy Agents of the Bank is not proper.	Bom. HC 919
Employees are entitled to enhanced pension of their contributions with reference to actual salary.	Mad. HC 936
Detailed enquiry is required for deciding applicability of the Act.	Bom. HC 919
For challenging order passed by the EPF Authority under section 7-A the aggrieved party can file appeal.	P&H HC 913
Any authority has to take extreme care while passing a judicial order.	Guj. HC 915
Enforcement Officer has to only collect information to a limited extent to pass over the EPF Authority to decide the same.	Karn. HC 943
Pensionable service is to be taken in terms of years and not in terms of months.	Bom. HC 931

 

REPORTED JUDGMENTS AT A GLANCE

July 2019

Compensation in lieu of reinstatement appropriate after 19 years of litigation.	Supreme Court 709
Striking workers will not prevent ingress and egress of willing workmen and material and to remain 200 meters away from factory.	Mad. HC 716
High Court can quash criminal proceedings only if there is miscarriage of justice.	P&H HC 713
Workman entitled to reinstatement with back wages when his resignation was obtained forcefully.	Del. HC 711
Employees of contractor will not be treated as employees of Bank.	Cal. HC 718
Bonus Act not applicable on education institutions not with profits motive.	Mad. HC 727
Bonus Act applicable upon a factory even run by a trust.	Mad. HC 738
Compensation not payable when accident took place outside factory during lunch hours.	Mad. HC 724
Adverse presumptions drawn if employer fails to produce attendance and salary registers to controvert 240 working days by a workman.	Supreme Court 743
Industrial Tribunal cannot interfere in the enquiry by Internal Complaint Committee under POSH Act.	Mad. HC 769
Death due to heart attack to be treated as accident for compensation when there was no ailment.	Chhat. HC 745
Reinstatement not appropriate when employer offered duty to workman in written statement.	Del. HC 758
Challenging of award after 4½ years not tenable in absence of any reason for delay.	P&H HC 715
Police has to provide protection to employer to ensure ingress and regress of man and material by strikers.	Mad. HC 716
Bank employees will be entitled to minimum wages fixed by State and not Central government.	Cal. HC 718
Contractor employees to be counted for coverage of an establishment under ESI Act.	Chhat. HC 719
Employer is bound to act upon the recommendations of Internal Complaint Committee under POSH Act.	Mad. HC 769
Ex-parte award to be set aside only when sufficient cause is shown for non-appearance.	P&H HC 764
Canteen facility not mandatory when there are less than 250 workers in a factory.	Mad. HC 724
Workman to prove to have worked for 240 days in 12 months.	Supreme Court 743
Misappropriation by a bus conductor justifies his dismissal from service.	Karn. HC 765
Status of a ‘protected workman’ can be denied when he is facing enquiry or a criminal trial.	Karn. HC 767
An enquiry under POSH Act has to be as per mechanism evolved by Supreme Court.	Mad. HC 769
Reinstatement appropriate when enquiry against workman is vitiated.	Supreme Court 743
Employer can produce evidence in Labour Court when enquiry is vitiated.	Karn. HC 765

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

An order by RPFC based on report of Enforcement Officer is liable to be set aside.	Pat. HC 787
Employee can avail higher pension even after receiving the EPF on depositing back with interest.	Mad. HC 799
No fault of an employee applying for pension which was not processed by the Department.	MP HC 781
An order passed by EPF authorities without identification of beneficiaries not sustainable.	Pat. HC 791
Delay in releasing the EPF dues would attract interest and penal interest.	MP HC 785
Attachment of bank account to remain suspended when employer participated in proceedings held ex-parte under section 7-A.	All. HC 796
Failure to pay EPF contribution of employees of contractor untenable if such objections not taken initially by principal employer.	Del. HC 812
Writ petition tenable against order of EPF authorities when Tribunal is not functioning.	Karn. HC 810
RPFC cannot challenge his own order in the Tribunal.	Karn. HC 811
Instalment for assessed damages can be allowed to an employer facing financial crisis.	Mad. HC 799
Employees entitled to enhanced pension on actual salary received by EPFO.	Mad. HC 799
Writ petition untenable against an order under section 7-A of the Act.	Mad. HC 801
Once the principal employer signs the list of employees of contractors, he cannot say beneficiaries were not identified.	Del. HC 812
No appeal tenable against levy of interest for the late payment.	Mad. HC 802
An order passed by violating principles of natural justice is liable to be quashed.	Mad. HC 802
Writ against order under section 7A untenable when employer failed to file an appeal before Tribunal.	Mad. HC 805
RPFChas no delegated power to challenge his own order in the Tribunal.	Pat. HC 786
An employee entitled for pension from the date of option.	MP HC 781
EPF Authority has to settle the accounts of the member of the EPF Scheme at earliest possible.	MP HC 785
Mere non-mentioning of provision of law in review petition would not be fatal.	Uttr. HC 795
Once default takes place on the part of employer, EPF Authority can initiate proceedings.	Del. HC 812
Levy of interest sans opportunity for hearing unsustainable.	Mad. HC 802
High Court can also waive or reduce the pre-deposit necessary for admission of appeal before Tribunal.	Karn. HC 810
Employer can escape liability for contribution of employees of contractor only when proper record is maintained.	Del. HC 812
Levy of damages and interest not to be set aside when employer has deposited without taking any objection in initial enquiry.	Del. HC 812

IMPORTANT JUDGMENTS – JUNE 2019

Minimum wages can be segregated in allowances.	Supreme Court 591
A housing society is not covered under Industrial Disputes Act.	Bom. HC 601
If prescribed hours of work are reduced to 7-1/2 hours a day, no claim for overtime payment is permissible for working upto 8 hours.	Mad. HC 621
Habitual absence and disobedience will justify dismissal from service.	P&H HC 616
Abandonment to be proved by attendance records and efforts by employer for calling workman to resume duty.	P&H HC 617
Automatic promotion of an unskilled to semi skilled worker is to be rejected.	Supreme Court 591
A complaint for changing department is not to be treated as a complaint of sexual harassment.	Karn. HC 615
Minimum bonus is payable even on losses after 6 years.	J&K HC 622
An order passed without considering the documents, is not sustainable.	Chht. HC 607
Non-supply of copy of complaint of sexual harassment not fatal if the accused has admitted guilt.	Karn. HC 609
Trainees cannot be included in fixation of minimum wages.	Supreme Court 591
Adverse inference can be drawn when employer fails to produce the record of attendance and wages.	P&H HC 617
Non-supply of complaint and opportunity for filing response by ICC under POSH Act would dehors the proceedings.	Karn. HC 609
Moral turpitude for forfeiture of gratuity will depend upon outcome of criminal proceeding.	Del. HC 598
Bonus Act applies upon establishment engaged in plying commercial vehicles.	J&K HC 622
Non-payment of retrenchment compensation at termination justifies reinstatement with full back wages.	P&H HC 617
Pendency of dispute can’t be construed for recovery proceeding under section 33C(2) of the ID Act.	Pat. HC 605
An order of ICC under POSH Act cannot be interferred when there is no infirmity.	Karn. HC 613
Gratuity may be forfeited on termination only to the extent of damage caused by those irregularities.	Del. HC 598
Findings of Labour Court in an Award if contrary to facts need fresh consideration.	P&H HC 604
An action cannot be invalidated merely on technical infringement of principles of natural justice.	Karn. HC 609
Initial burden to prove service for 240 days is upon the workman.	P&H HC 617
When the claim of overtime is a disputed it falls under section 33-C(2) of the Act.	Mad. HC 621

 

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

An order passed by EPF Authority without identification of beneficiaries, is not sustainable.	Bom. HC 655
No pre-deposit on appeal is necessary on challenging levy of damages for delayed deposit.	Karn. HC 688
Signing a list of 20 employees and filling coverage pro-forma for provident fund cannot be wriggled out by the Principal of school	Pat. HC 676
Non-consideration of mens rea  on levy of damages for delayed payment not proper.	Mad. HC 670, 671
An establishment once covered under the Act remain so even when the number of employees is reduced.	Pat. HC 674, Mad. HC 685
Authority under section 7A is vested with the power of Civil Court.	Guj. HC 657
Partners responsible for conducting business may face criminal prosecution for non-filing of mandatory returns.	P&H HC 678
Cancellation of exempted trust can’t be complained when no employee remains.	Cal. HC 656
Apprentices not under Apprentices Act are to be covered under the Act.	Mad. HC 683
Appeal in Tribunal to be filed within 60 days from date / knowledge of order.	Mad. HC 667
An order by EPF authority without supplying copy of report to employer is untenable.	Mad. HC 666
Condonation beyond prescribed period of limitation can be allowed by the High Court.	Bom. HC 651
Pre-deposit of 75% of amount on appeal can be permitted by installments.	Ker. HC 660
Employees’ working at home are also to be covered under the Act.	All. HC 704
12% interest payable on delay to pay pension.	Mad. HC 698
Condition for total pre-deposit for admission on appeal can’t be waived.	Raj. HC 702
Determination of dues will be made on the materials available on record.	Pat. HC 674, Mad. HC 685
Any order by judicial authority without giving reasons, is not sustainable.	Bom. HC 654
For identification of beneficiaries, the EPF Authority has to summon the employees.	Bom. HC 655
Show cause notice can’t be challenged in writ petition.	Guj. HC 657
Tribunal can’t condone delay of filing appeal beyond 60 days.	Mad. HC 667
An order sans finding of mens rea not tenable.	Mad. HC 670, 671
Allowing perusal of report by employer during enquiry proceedings is violative of natural justice.	Mad. HC 666
EPF Authority can summon the records of employer for identification of beneficiaries.	Bom. HC 655
An ex-parte order justified on failure of employer despite repeated opportunities.	Pat. HC 676
Failure to state father’s name of employees can’t be ignored for coverage.	Pat. HC 676
Amendment in memo of appeal is permissible if it does not change nature of appeal.	Bom. HC 689
Appeal, not Writ Petition is tenable to challenge order of EPF Authority.	Cal. HC 697, Jhar. HC 692

Courts don’t interfere in transfer of employees unless mala fide.	MP HC 489
Termination of an employee merely for involvement in a criminal case not justifiable.	Supreme Court 473
No back wages on reinstatement on acquittal of an embezzler.	Supreme Court 473
Prosecution for violation of Contract Labour (R&A) Act to be quashed if company is not impleaded with accused.	Mad. HC 535
Government can conciliate for settlement not adjudicata an industrial dispute.	Pat. HC 495
Termination to be set aside when inquiry is vitiated.	Del. HC 476
Acceptance of resignation with immediate effect valid on written request of an employee.	P&H HC 512
Factors for determination relationship employer and employee clarified by the Supreme Court.	Supreme Court 515
Dismissal not the termination may have serious implications including denial of gratuity and debarring future employment.	Bom. HC 487
On reinstatement, the same and not different job is to be given to the workman.	Del. HC 485
Initial burden is on employer as to whether an employee is a ‘workman’ or not.	Karn. HC 498
Only Industrial Tribunal can determine whether a contract between principal employer and contractor is sham or not.	Karn. HC 503
Findings of Labour Court on punishment as shockingly disproportionate not to be interfered by High Court.	All. HC 522
Transfer of a transferable employee not punishment.	MP HC 489
Industrial Tribunal cannot examine validity of reference.	MP HC 491, Karn. HC 498
Industrial adjudicator is empowered to modify punishment of dismissal or discharge.	All. HC 522
Enquiry not provided with enquiry report inviting objections.	P&H HC 506
Employees appointed by contractor receiving wages from him cannot claim to be worker of principal employer.	Supreme Court 515
Claim for minimum wages tenable by authority under the Act and not High Court.	HP HC 496
Whether an employee is a workman not to be decided as preliminary issue.	Karn. HC 498
Plea of interim relief can be decided as preliminary issue.	Karn. HC 498
Plea of interim relief can be decided as preliminary issue.	Karn. HC 498
Enquiry to be vitiated if relevant documents not provided and defence evidence was not recorded.	Del. HC 476
Ex-parte proceedings to be set aside in absence of proper service of summons for appearance.	P&H HC 513

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

Supreme Court clears the path for pension to rise manifold for employees in all firms.	Ker. HC 558
EPF authority must pass a speaking order under section 7A of the Act.	Pat. HC 552
Recoveries of determined amount not to be made within the period prescribed for filing appeal in Tribunal.	P&H HC 557
High Court can restrain EPF Authority not to take coercive action till the decision of enquiry.	Ker. HC 583
There is no limit for upper age for coverage of an employee under the Act.	Supreme Court 539
Three companies running one premises rightly club for coverage under the Act.	P&H HC 572
Tribunal can extend only 60 days for filing appeal.	P&H HC 572
Recovery untenable in the absence of determination of dues under section 7A of the Act.	Jhar. HC 576
Capping of salary at Rs.15,000 for quantifying pension is absolutely unrealistic.	Ker. HC 558
Review petition untenable in the absence of any fault in the order.	MP HC 551
Only after withdrawal of PF dues on retirement a member becomes an excluded employee.	Supreme Court 539
An employer has a right to cross examine department witness while inspected the establishment.	Mad. HC 586
Legal heirs liable to pay outstanding EPF dues of defaulting employer.	Jhar. HC 582
Appeal not writ petition tenable challenging order by EPF Authority.	Ker. HC 553, 584
Provident Fund Act safeguards the future and financial security of workers.	Supreme Court 539
Supreme Court rejects EPFO plea against Kerala High Court verdict for higher pension.	Ker. HC 558
Damages to be levied only after affording opportunity for hearing of employer.	Jhar. HC 576
Banker being secured creditor must pay dues payable by the defaulting employer.	Del. HC 575
EPF dues recoverable from the date when the Act became applicable.	P&H HC 572
For quantification of pension 12 months instead of 60 month pay would be relevant.	Ker. HC 558
Cooperative societies covered under the Act only employing 50 or more employees.	Ker. HC 554
Limitation Act is not applicable in filing of appeal in Tribunal.	P&H HC 572

——————————-

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

——————————-

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

——————————-

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

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

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

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 drive	All. 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

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 challenged	Mad. 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

 

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 damages	Bom. 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

 

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

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 justified	Bom. 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 Advocate	Bom. HC 764
Termination without enquiry is violation of natural justice	P&H HC 729
Non-verification of the borrowers by Bank officer is a serious misconduct	Gau. HC 724
Silence about any document or FIR by way of cogent evidence would be deemed admission of the contents	Del. 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 victim	Raj. HC 732
Appointment of senior level women officer of chairman of ICC is not illegal	Raj. HC 732
Employers, courts and society must root out misbehaviour with any woman	Del. HC 697
For a member of ICC legal background is not necessary	Raj. 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 jurisdiction	Del. HC 697
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
EPF Appellate Tribunal is empowered to pass a conditional order of stay	Del. HC 791
No appeal lies against levy of interest for delayed deposit of EPF dues	Del. HC 791; Del. HC 800
Composite order of interest and damages for delayed deposit is appealable	Del. HC 791
Employer can’t be held liable for delay due to bank or postal department	Del. HC 793
Composite order passed under section 14-B and 7-Q of Act is appealable	Del. HC 799
Ex-parte order is justified on non-participation by employer	P&H HC 802
An appeal is untenable when employer did not reply to show cause notice	P&H HC 805
High Court can stay the recovery of EPF dues when Tribunal is not functioning	Mad. HC 810
Tribunal is empowered to reduce deposit of 75% of the determined amount	All. HC 813
A point of law can be taken in higher court for the first time	Cal. HC 784
Reduction of pre deposit amount is not bad even if appellant did not state financial difficulty to deposit	All. HC 813
Appeal filed beyond prescribed limitation not tenable	Mad. HC 810
Levy of damages for delayed deposit of EPF dues is mandatory	P&H HC 805
Employer must deposit EPF dues on allotment of code number	P&H HC 802
Passing of order by Tribunal on covering letter of EPF authority is not legal	P&H HC 802
Pendency of writ petition can be a ground for extension of time for appeal	Mad. HC 810
Mere pendency of appeal does not prohibit EPF to recover determined amount	Del. HC 811
An Order passed by Tribunal beyond jurisdiction is untenable	P&H HC 802
Reasons must be given for rejecting waiver for deduction of pre-deposit on admission of appeal	All. HC 813
Exempted establishment can’t be brought within ambit of Act by notification	Cal. HC 784
Pre-deposit not necessary on appeal in Composite order is for interest and damages	Del. HC 791
No damages for delayed deposit can be levied when dues were timely deposited	Del. HC 793
Principle of mens rea would not be attracted if the explanation to show cause notice is not submitted	P&H HC 805

 

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

 

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 justice	Supreme 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

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 Act	Guj. 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 Act	Mad. 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 waived	Karn. 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

 

 

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 Act	Del. 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

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

EPF&MP Act will continue to apply even when no. of employees reduces below 20.	Del. HC 202
No appeal tenable before EPF Tribunal after 120 days.	Pat. HC 187
Waiver/reduction of damages for financial difficulties is not tenable	Guj. HC 197
One of the two possible interpretation of the EPF&MP Act would tilt towards workers.	Del. HC 202
No relief to employer delaying deposit of contributions.	Del. HC 181
EPF Act will be applicable upon library employing 20 employees.	Del. HC 202
Educational society funded by foreign donation is exempted from the EPF Act.	HP HC 192
Condonation of delay in filing of appeal only when there is sufficient cause.	Ori. HC 215
Writ Court not to consider material not submitted before Appellate Authority.	HP HC 192
Non compliance of depositing determined amount would justify dismissal of appeal.	Del. HC 181
Provident fund is for the welfare of the weaker section of the society.	Del. HC 202
Limitation Act is not applicable for condonation of delay on filing of appeal.	Pat. HC 187
Supporting proof for financial crises will be considered for reduction or waiver of damages.	Guj. HC 197
No justification paying interest by EPFO lesser than the statutory rates.	Pat. HC 200
Levy of damages in the absence of sufficient evidence is not sustainable.	Guj. HC 197
A society running library and charging fees from members is covered under the Act.	Del. HC 202
Limitation Act provides relief on selection of mistaken forum for remedy.	Ori. HC 215
Non-profit organisations are also covered under the EPF Act.	Del. HC 202
Pendency of writ petition would justify delayed filing of appeal.	Ori. HC 215

 

No mercy, but sacking, for embezzlers.	Bom. HC 19, Guj. HC 39, Karn. HC 51 & 52
Director of a company not personally liable for default in remitting ESI contributions.	Del. HC 58
The loan amount cannot be adjusted against gratuity.	Cal. HC 32
Accidental physical contact would not amount to ‘sexual harassment’.	Del. HC 8
A piece-rated employee is also covered under ESI.	Supreme Court 1
Theft, while on duty, justifies dismissal from service.	Supreme Court 2
Non-issuing of tickets after receipt of fare would justify dismissal.	Guj. HC 39
Allegation of intemperate language cannot constitute sexual harassment.	Ker. HC 24
Unpaid apprentice under Apprentices Act would be entitled to accident compensation.	Mad. HC 70
An employer can’t take advantage of workman’s weak economic position under the settlement.	Mad. HC 68
Sexually determined physical contact would constitute sexual harassment.	Del. HC 8
Accident compensation payable to a workman, not to a clerk.	MP HC 42
Enquiry can be held even after the acquittal of any employee.	Supreme Court 2
Dismissal is justified for second marriage when the first marriage survives.	Jhar. HC 60
After valid enquiry, the punishment not to be interfered by the Labour Court.	Supreme Court 2
Calculation of accident compensation not to be less than minimum wages.	Supreme Court 7
Labour Court not to interfere in enquiry when admitted as proper by the workman.	Guj. HC 39
Admission of misappropriation is sufficient for dismissal.	Bom. HC 19
Show cause notice can’t be challenged in a writ petition.	Uttra. HC 49
Reinstatement is to be only in the same post as held prior to termination.	Chatt. HC 36
Contract labour can claim equal wages of one’s category from the principal employer.	Del. HC 13
Compound interest on delayed payment of gratuity only after issuing of recovery certificate.	Chatt. HC 37
The pendency of criminal trial has no bearing on disciplinary proceedings.	Supreme Court 2
Relationship of employer-employee established when the employer has admitted.	Del. HC 17

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

An order by RPFC relying upon the report of Enforcement Officer is not legal.	Bom. HC 78
Reviewing authority must hear the aggrieved party.	Ker. HC 87
An appeal before Tribunal beyond limitation not tenable.	Bom. HC 76
Transferee liable for damages for the default of delayed remittance by the transferor.	Bom. HC 82
Damages in absence of mens rea on the part of the employer are not sustainable.	Chhat. HC 85
EPF Appellate Tribunal can reduce or waive the amount of pre-deposit to any extent.	Del. HC 99
Limitation Act for condonation of delay is not applicable in delayed filing of an appeal.	Ori. HC 90
Financial crises due to labour unrest is a factor for reduction of damages for delayed deposit of PF dues.	Del. HC 100
Clubbing of units for applicability of EPF Act when there is financial integrality.	Ker. HC 102
A non-covered industry can be added to Schedule I of the Act for coverage.	Ker. HC 109
Writ petition is not maintainable if the alternative remedy of appeal is available.	Ori. HC 90
An ex-parte order is justified if a party fails to appear before EPF authority.	P&H HC 97
Only financial crisis is no ground for reduction of damages and interest on delayed deposit of EPF dues.	P&H HC 95
A factory manufacturing wooden furniture is to be covered under the Act.	Ker. HC 109
A principal employer will be liable to pay EPF contributions if contractors fail to remit.	P&H HC 97
Natural justice and equity warrant a reasonable opportunity of hearing before an adverse order is passed.	Ker. HC 87
EPF contribution is for any person on wages either, manual or otherwise, or in connection with the work of the establishment.	Bom. HC 76
EPF Tribunal can’t condone delay in filing an appeal after the expiry of the prescribed period.	Bom. HC 76
The transferee is liable for default of transferor to the extent of assets as obtained.	Bom. HC 82
Mens rea/actus reus of employer would be the determinative factor in imposing damages.	Chhat. HC 85

 

REPORTED JUDGMENTS AT A GLANCE

Reinstatement of a workman guilty of abusing, showing his chappals and threatening his senior is to be quashed.	Ori. HC 1247
Retrenchment sans compensation renders termination illegal.	Jhar. HC 1254
Opportunity for hearing is imperative before imposition of punishment.	All. HC 1239
51 days wages rightly allowed under Minimum Wages Act when the claimants have worked for all 365 days.	Jhar. HC 1252
Evidence of passengers is imperative in an enquiry against conductor for not issuing tickets.	Supreme Court 1233
Insurer, not the insured is liable to pay accident compensation to claimants.	Del. HC 1234
Plea of delay of raising of dispute be should be taken before labour authorities.	HP HC 1256
Full back-wages on reinstatement payable when gainful employment of workman is not proved.	Jhar. HC 1254
Prosecution for non-implantation of award is untenable when workman was reinstated.	MP HC 1251
Impleading of contactor is necessary for claiming wages from principal employer.	Guj. HC 1240
Even if contract of apprenticeship not signed an apprentice will not become a workman.	Guj. HC 1236
Compensation and difference of minimum wages is properly allowed by the authority under Minimum Wages Act.	Jhar. HC 1252
Denial of back-wages on reinstatement is not a rule of thumb.	Cal. HC1260
Labour Court/Tribunal will adjudicate only the terms of reference of a dispute.	HP HC 1256
Writ petition not tenable pertaining to disputed facts.	Guj. HC 1240
Principle of “no-work, no-pay” shall not apply when the workman was not at fault.	Cal. HC1260
Back-wages with reinstatement to a workman guilty of misconducts is to be vitiated.	Ori. HC 1247
Denial of approval for dismissal by Tribunal is not proper when workman was provided opportunity in enquiry.	Ori. HC 1245
Writ petition, without exhausting alternate remedy, is not maintainable.	Guj. HC 1240
Disciplinary authority must issue show cause notice to a workman with proposed punishment after conclusion of enquiry.	All. HC 1239
An apprentice engaged under Apprentices Act, 1961 will not be a ‘workman’.	Guj. HC 1236
Contract labour must be paid their wages in presence of principal employer.	Jhar. HC 1252

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

Attachment of bank account without hearing of employer is liable to be quashed.	Karn. HC 1277
Divorcee can’t be permitted to continue as ‘nominee’ of the deceased husband.	Ker. HC 1268
Writ petition not tenable when due opportunity for hearing was given to employer.	Cal. HC 1266
Serious sickness of wife is a genuine and sufficient cause to justify the non-appearance of a party.	Ori. HC 1271
Non-providing proper opportunity of hearing is against the principles of natural justice.	Ori. HC 1271
Mere residence of petitioner is not sufficient to approach the Madras Court for disburse his PF dues.	Mad. HC 1238
Two simultaneous proceedings in EPF Tribunal and Writ Court) are not maintainable.	Cal. HC 1265
Attachment of bank account is to be lifted for payment of puja bonus.	Cal. HC 1265
Delayed filing of writ petition challenging EPF dues rightly dismissed.	Cal. HC 1266
Non-issuing of mandatory notice is high-handedness of the EPF Authority.	Karn. HC 1277
No relief can be granted by court in the absence of any such prayer.	MP HC 1270
Whenever a quasi-judicial authority has acted without jurisdiction, the Writ can set aside.	Ori. HC 1271
Financial difficulties are no grounds to justify delayed EPF remittance.	P&H HC 1275
Seeking new relief in writ petition is not admissible.	MP HC 1270
Instalments facility can be allowed for payment of EPF dues.	Cal. HC 1276
Non-providing fund to the Municipality by the Government is no ground to escape from liability of EPF dues.	Cal. HC 1266
Unless a part of cause of action arose within the territory of the Court, it cannot be clothed with territorial jurisdiction.	Mad. HC 1238
Courts are to aid the aggrieved persons to render justice by taking away the technicalities of law.	Ker. HC 1268
Writ petition is to be dismissed without territorial jurisdiction.	Mad. HC 1238
Employees’ Provident Funds legislation is to provide welfare to the employees.	Ker. HC 1268
An appeal, filed before EPF Tribunal, cannot be withdrawn if Presiding Judge is not available.	Cal. HC 1265
No mitigation for pleading that hereinafter the payment will be made in time.	Cal. HC 1266
Delayed payment of pension and salary not justified.	All. HC 1264
If first wife is divorced, the second wife would be entitled to be nominee.	Ker. HC 1268

REPORTED JUDGMENTS AT A GLANCE

Dismissal of a sleeping chowkidar on duty is justified.	Gau. HC 1150
ESI contribution is payable on interim relief also.	Supreme Court 1121
Merely common entrance of two independent establishments not to be treated one for ESI coverage.	Mad. HC 1176
An Executive supervising one shift is not a ‘workman’.	Cal. HC 1135
Loss of confidence in an employee has to be pleaded/ proved for denial of reinstatement.	MP HC 1187
Conductor is not guilty for ticketless passengers travelling on bus roof.	Raj. HC 1146
Legal proceedings can only be at the place of sexual harassment.	Gau. HC 1148
Unexplained delay of five years for raising dispute is not justified.	P&H HC 1138
Reinstatement is not a mechanical relief on all termination.	P&H HC 1140
Junior Engineer granting leave and assignment is not a ‘workman’.	Guj. HC 1191
No straightjacket formula for reinstatement in every illegal termination.	MP HC 1187
Appropriate government is not like a post office to refer every dispute.	Mad. HC 1158
No sympathy of court to an employer who delays the proceedings.	Pat. HC 1153
Employees working in shops inside the hotel are not coverable under	Mad. HC 1180
Compensation is appropriate for raising dispute after three years of termination.	P&H HC 1140
Interim relief to workman in a dispute for regularisation is not proper.	Del. HC 1128
Writ court is not to interfere in show cause notice.	Jhar. HC 1141
Employer is obliged to pay gratuity on retirement of employee.	MP HC 1143
Compensation is appropriate on termination of a part-time sweeper.	Del. HC 1129
Appellate authority may condone delay of 32 years, but the claim to be decided by Controlling Authority.	MP HC 1143
Termination sans retrenchment compensation is illegal.	MP HC 1187
Gratuity, leave salary or pension not to be attached in a decree.	Mad. HC 1178
Clubbing of two independent establishments for coverage under ESI is not tenable.	Mad. HC 1176
Strict rules of evidence are not applicable in conducting enquiries.	Bom. HC 1132
TDS is not to be deducted on accident compensation.	All. HC 1172
Dependents will get compensation on the death of contract workers in accident.	Mad. HC 1167

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

Officer conducting enquiry under section 7A acts as a court.	Supreme Court 1199
Employer obliged only to contribute up to prescribed wage ceiling.	Bom. HC 1201
Independent franchisees would not be units for coverage of the Act.	Ker. HC 1215
Inordinate delay justifies dismissal of appeal against order under section 7A and 14B of the Act.	Cal. HC 1208
Insult of public servant is punishable offence under section 228 of IPC.	Supreme Court 1199
Revocation of exemption on establishment can be on justifiable reasons.	Bom. HC 1201
Attachment of bank account of employer can be lifted by the High Court.	Cal. HC 1209
Applicability of the Act on establishment can’t be challenged along with order u/s 7A.	Cal. HC 1210
Excess contribution of prescribed ceiling can be reduced by employer.	Bom. HC 1201
Writ court can direct EPF authority to decide grievances within fixed time.	P&H HC 1214
Proceedings under section 7A are judicial by fiction.	Supreme Court 1199
Mere application for exemption would not confirm any benefit to establishment.	Cal. HC 1210
Employees of franchises would not be treated as employees of the granter.	Ker. HC 1215
Disposal of review application without hearing employer is to be set aside.	Guj. HC 1224
EPF dues payable to the employees would get first priority.	Supreme Court 1226
An order not challenged within prescribed limitation becomes final.	Cal. HC 1210
No relief to an intentional non participator before the trial court.	P&H HC 1212
Employer can opt more beneficial than EPF Scheme for employees.	Bom. HC 1201
Delay of 60+60=120 days for filing appeal is not to be condoned.	Cal. HC 1208
EPF Authority will pass reasoned order on review after hearing both sides.	Guj. HC 1224
Interest is to be paid by the EPF on failing to refund the access amount.	Bom. HC 1201

 

Regional Sales Manager is not a ‘workman’.  All. HC 1023

Dismissal of an employee for theft is justified. Del. HC 1014

Expenditure on construction/expansion of factory would attract ESI contributions. Ker. HC 1065

Enquiry is fair when delinquent has already cross-examined witnesses. Chhat. HC 1032

Ex-parte enquiry cannot be faulted when delinquent failed to respond notices.  Hyd. HC 1034

Principal employer is liable if contractor fails to pay wages to employees.   P&H HC 1042

Status of employee as a ‘workman’ can’t be decided as preliminary issue.    Cal. HC 1045

Having invoked the remedy under civil suit, an employee cannot raise industrial dispute. P&H HC 1054

Industrial disputes are tenable at a place of employment or transfer.                        All. HC 1023

Gratuity can be forfeited only on termination for prescribed misconducts.   Cal. HC 1047

Absence when treated to be ‘leave without pay’ is not a misconduct.            Del. HC 1052

Non-compliance of 25F of ID Act justifies reinstatement with back wages. HP HC 1068

Transfer of an employee cannot be stalled because of his family difficulties.  Cal. HC 1031

Removal of employee when he has been informing illness of mother not justified.  Del. HC 1052

An employee committing theft loses confidence of employer.                      Chhat. HC 1032

Dismissal of bank Manager untenable in absence of evidence of misconduct.  Pat. HC 1071

Deposit of determined gratuity is a condition precedent for filing appeal against Controlling Authority.   Cal. HC 1058

An appeal under ESI Act filed after limitation period is liable to be rejected. Del. HC 1089

No compensation on accident when employee went outside for food during interval. Guj. HC 1079

Appeal not writ tenable for challenging order of Controlling Authority under Gratuity Act. Cal. HC 1058

Request for re-cross examination of witnesses is to be rejected.                   Cal. HC 1060

Denial of opportunity for cross examination of witnesses would vitiate inquiry by Internal Committee under POSH Act.  Del. HC 1014

No accident compensation payable in absence of proof about permanent/partial disability.  Guj. HC 1083

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

Use of electricity for cooling or heating in a college can’t be construed as ‘work with the aid of power’ for the applicability of the Act.  Bom. HC 1095

Dealership of petroleum outlet is distinct from transfer as referred in section 17-B of the Act.       Ker. HC 1101

Review petition to be dismissed in the absence of convincing grounds.       Cal. HC 1104

Demanding whole amount will be impractical in view of financial position of employer.   Cal. HC 1115

No Writ petition is tenable when appropriate remedy of appeal is available.  Karn. HC 1118

High Court can direct the Tribunal to adjudicate upon maintainability of appeal filed beyond period of limitation.  HP HC 1049

RPFC can’t be an aggrieved party to file Writ against order of Tribunal.      Karn. HC 1055

An order not passed on merits by dismissing the appeal for non-prosecution can be set aside. P&H HC 1119

Any order by EPF Authority without power under Act is not sustainable.    Karn. HC 1116

Central Government can exempt any establishment retrospectively.             Mad. HC 1110

No coercive action against an employer for timely depositing PF dues in instalments.  Cal. HC 1106

Different institutions with separate code numbers cannot be treated as branches of other institution.  Karn. HC 1116

Allowing instalments to a defaulting employer would be practical solution for recovery of dues. Cal. HC 1115

A college availing grant in aid is exempted from coverage under sec. 16(1)(b) of the Act.   Bom. HC 1095

Writ petition untenable on availability of a forum for filing appeal.             Cal. HC 1105

Attaching bank account by EPF authority not proper since it will prevent the employer to pay the wages. Cal. HC 1106

A member is not debarred opting to contribute higher wages to pension fund.  HP HC 1107

No exemption from coverage of establishment for engaging of aged persons.Mad. HC 1110

Tribunal can’t entertain an appeal beyond prescribed period of limitation.   HP HC 1049

Reasonable opportunity to a party is imperative for passing any order. Jhar. HC 1103

Petroleum dealer would be liable for coverage when employing 20 or more employees independently. Ker. HC 1101

Findings of employment of 20 persons can’t be interfered in writ jurisdiction. Mad. HC 1110

A college functioning without aid of power can’t be covered under the Act. Bom. HC 1095

Dismissal of a union leader for assaulting Production Manager is justified. Mad.	HC 917
Denial of maternity benefits and termination is unfair labour practice.	Bom. HC 912
Govt. agencies to ensure compliance of required law by employers.	Supreme Court 947
Self-serving affidavit is not conclusive proof of employer-employee relationship.	Del. HC 909
Transfer is an incident of service when the job is transferable.	Karn. HC 926
If a complainant is an enquiry officer, he would be a biased Enquiry Officer.	Ker. HC 920
High Court not to interfere for change of enquiry officer without logical reasons.	Gau. HC 957
Employer-employee relationship not to exist in the absence of documentary proof.	Del. HC 909
Reinstatement is proper when the enquiry is declared void.	P&H HC 915
Applying ESI on an establishment merely on the report of inspector not justified.	Bom. HC 927
Abandonment in the absence of letters calling workman to report duty not legal.	P&H HC 945
An apprentice, not being workman, has no right for regularisation.	Guj. HC 937
Notice for claiming maternity benefit is only a procedural formality.	Bom. HC 912
Denial of reasonable opportunity is untenable when delinquent stopped participating in it.	Del. HC 907
Family difficulties are no grounds to stall the transfer.	Karn. HC 926
No leniency to a workman assaulting the Senior Officer.	Mad. HC 917
Employees, who admitted working for contractor, cannot be treated employees of principal employer.	Cal. HC 940
High Court not to interfere in the absence of any perversity in the enquiry.	Hyd. HC 931
No relief unless relationship of employer and employee is established.	Bom. HC 928
Prosecution of employer proper for non-payment of earned wages.	Supreme Court 947
Fixed term employee can’t seek regularisation.	Del. HC 948
Chronic heart disease would not to prevent compliance of transfer.	Karn. HC 926
Chronic heart disease would not to prevent compliance of transfer.	Karn. HC 926
Unless perverse, the High Court will not interfere in findings of enquiry.	Del. HC 904
Non-payment of suspension allowance not fatal to the enquiry.	Del. HC 907
Burden to prove employer-employee relationship lies on the workman.	Del. HC 909
Termination of contractual employee not illegal.	Gau. HC 925
Reinstatement not feasible when the establishment is closed.	P&H HC 945
Initiating enquiry long after issue of charge sheet not justified.	Gau. HC 957
Condonation of delay for appeal under Gratuity Act can be within additional 60 days.	Mad. HC 943
Dismissal of a workman employed for absence due to pregnancy, is illegal.	Bom. HC 912
Suspension allowance payable when the service rules so provide.	Gau. HC 957

 

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

 

Provident fund dues to the employees to be treated as top priority.	Supreme Court 962
EPF Act is not applicable upon an establishment employing less than 20 employees.	Gau. HC 963
Under section 17-B of the Act, the liability is cast upon transferor and transferee.	Ker. HC 965
An appeal of under sections 7-A of the E P F Act lies only against a final order.	P&H HC 967
An employee will be entitled to the benefits of the Act irrespective of mode or source of payment of wages.	Raj. HC 968
Once an appeal is decided on merit, it can be reopened only by way of review.	Raj. HC 968
Tribunal is deemed Civil Court in terms of section 7-J (2) of the Act.	Mad. HC 973
If an order passed by the judicial authority is not clear, the same is liable to be set aside.	P&H HC 979
Liability of transferee for EPF dues of transferor is limited to the value of assets transferred to it.	Ker. HC 965
Words ‘inherent powers of Court’ and ‘for ends of justice’ are paramount and shall not be limited.	Mad. HC 973
Remanding an order is proper when lower authority has not considered evidence.	P&H HC 979
When there is no express provision empowering the Tribunal, it can exercise inherent powers under section 151 of CPC.	Mad. HC 973
A settlement u/s 18 of the I.D. Act debars a workman for claiming provident fund.	Mad. HC 976
Persons engaged through contractor on part time would be entitled to the benefits of the Act.	Raj. HC 968

Union leader has no impunity from his transfer.	Mad. HC 849
Contractor’s workers will be entitled to same wages as regular employees.	Supreme Court 785
Termination for unauthorised absence too harsh.	Gau. HC 811
Fixed term employee can’t be reinstated.	MP HC 808
Civil Courts should stay away from claim for gratuity	Mad. HC 861
Greed of dishonest bus conductor is to cost his job.	Karn. HC 840
Daily allowance forms part of wages for calculating accident compensation.	Gau. HC 813
Compensation for accident only when it occurred during employment.	Del. HC 793
ESI Act applicable even when an establishment is covered by BO&CW Act.	MP HC 799
Gratuity can’t be withheld on non-vacating of employer’s accommodation.	MP HC 803
Settlement u/s 18(3)(b) of the ID Act will be binding on all employees.	Mad. HC 846
Dismissal justified when job obtained on forged education certificate.	Karn. HC 844
Legal notice can’t improve the deficiencies in FIR for claiming accident compensation.	Del. HC 793
Compensation is appropriate when employment was for short duration.	Bom. HC 796
Notice is imperative for the termination of employment.	HP HC 827
Misrepresentation for obtaining job amounts to moral turpitude.	All. HC 816
Clean service record will mitigate punishment of bank employee for disproportionate assets.	Del. HC 792
Government can’t delve on merits of a dispute to refer for adjudication.	Bom. HC 798
Excess working hours to be compensated by overtime.	MP HC 806
Deposit of renewal fee to justify holding of valid driving licence.	Del. HC 787
Coverage of an establishment under ESI merely on inspector report not tenable.	Bom. HC 854
Employer-employee relationship proved when averment of employee is not rebutted.	Del. HC 789
Evidence Act not applicable to Employees Compensation Act.	Del. HC 789
Contractor’s employees also to be covered under ESI.	Bom. HC 855
Insured employees are entitled to medical benefits from ESIC.	Karn. HC 842
On approval application, adjudicator to confine about compliance of condition u/s of 33 of the ID Act.	Guj. HC 831
Notice for accident compensation is mandatory.	Gau. HC 813
Interest will be payable for delay in payment of awarded amount.	Supreme Court 785

 

An apprentice under Apprentices Act not to be covered under the EPF Act.	MP HC 879
EPF authority empowered to enforce attendance of any person.	MP HC 879
Writ petition filed after 5 years challenging the order of Appellate Tribunal will not be dismissed when delay is justified.	Pat. HC 870
The EPF & MP Act are not empowered to direct employer for compliance of Bonus, Apprentices or Minimum Wages Acts.	MP HC 879
Exercise of the option under Pension Scheme, would not foreclose the exercise of further option.	Supreme Court 866
A trainee under standing orders not ‘employee’ to be covered under the Act.	MP HC 879
Proviso to clause of pension scheme permits an option to employer and employee from contribution beyond salary ceiling.	Supreme Court 866
While holding proceedings under section 7A the EPF authority is vested with the powers of the Civil Court.	MP HC 879
Without supporting evidence of financial loss, levy of damages not to be reduced in appeal.	Del. HC 871
Frequency of number of defaults is relevant for reducing the damages for delayed deposit of contributions.	Bom. HC 875
Identification of beneficiaries is imperative for determination of liability of an employer.	MP HC 879
No limitation for initiating action for recovery of damages for delayed payment.	Bom. HC 875
Appeal beyond expiry of prescribed period would not debar when no notice was served upon the appellant.	Raj. HC 868
Authority must determine actual concrete difference in payment of contribution.	MP HC 879

 

 

Reinstatement is not a rule even on illegal termination.  Supreme Court 673, Del.	HC 675
Embezzlement, even temporary, is a serious misconduct.	P&H HC 708
Contract labour will be sham when the work of contractors’ workers was of perennial nature.	Cal. HC 716
Enquiry to be deemed as fair if not challenged by the workman.	Del. HC 680
Medical certificate when not questioned by employer, will not be deemed false.	Del. HC 675
No relief can be granted if terminated workman fails to prove to have worked for 240 days.	Del. HC 684
Repayment of misappropriated money would not absolve a person from punishment.	Gau. HC 691
Only appropriate government can decide for abolition of contract labour.	Cal. HC 716
Past record is important for imposition of punishment.	Del. HC 678
Labour Court not to interfere in dismissal when charges of serious nature have been proved.	MP HC 699
Damages for delayed payment of ESI dues to be reduced because of financial crises.	Ker. HC 695
Appropriate government for Gratuity Act will be Central if establishments are located in different States.	Karn. HC 714
No relief to a terminated bank employee guilty for the breach of trust.	MP HC 699
Contractors’ workers when controlled by Principal employer, can claim absorption by latter.	Cal. HC 716
Modification of punishment by the Court/Tribunal only when enquiry is not held or found to be defective.	P&H HC 708
Employer to pay compensation when injuries were caused during course of employment.	Mad. HC 703
Illegal termination to be challenged within three years but after 45 days of conciliation proceedings.	Mad. HC 704
Non-production of attendance/wages register would establish that workman was in the employment.	Del. HC 675
Non-participation in enquiry by workman despite intimation would not be violative of natural justice.	Del. HC 678
Dismissal justified when charge of misappropriation is established.	Del. HC 680
Transfer not to be stalled merely because the union election process would be affected.	Del. HC 682
Industrial adjudicator to interfere with punishment only when so requested by the workman.	P&H HC 708
Courts not to interfere with punishment when employer has lost confidence in workman.	Gau. HC 691

Family members must vacate residential quarters after death of employee.	Supreme Court 562
Dismissal is not disproportionate for habitual and unauthorised absence.	Karn. HC 666
Show-cause notice is imperative for forfeiture of gratuity.	Bom. HC 584
Probationary services can be terminated without assigning any reason.	Del. HC 571
Employee has to prove 240 days working during preceding 12 months.	HP HC 647
Termination of fixed term employee is not retrenchment.	Uttr. HC 655
Non-applicability of Limitation Act does not mean that dispute can be raised at any time.	Uttr. HC 655
Forfeiture of gratuity only when termination is for prescribed misconduct.	Raj. HC 633
Reduction of punishment not justified when enquiry is fair and proper.	Raj. HC 637
Temporary misappropriation amounts to serious misconduct.	Pat. HC 625
Compensation, not reinstatement, is appropriate for a 55-year-old workman.	Del. HC 581
Industrial Tribunal is obliged to adjudicate a dispute as referred.	Del. HC 579
Tribunal can interfere in punishment if it is disproportionate to misconduct.	Hyd. HC 661
No leniency when employee is guilty of misappropriation/corruption.	Pat. HC 625
Building and Other Construction Workers (RECS) Act as well as ESI will be applicable for construction workers.	Cal. HC 617
Employer has to establish about abandonment of job by an employee.	HP HC 647
Major penalty is appropriate for fraud, misappropriation and dishonesty.	Hyd. HC 661
Functional integrality is essential for clubbing of establishments for coverage under ESI Act.	Hyd. HC 661
Employer to prove that workman was appointed for fixed period.	Uttr. HC 655
Abandonment of job depends upon intention of employee.	HP HC 647
Frequent and long unauthorised absence amounts to serious misconduct.	Karn. HC 666
Only error of law and not facts can be corrected by High Court.	MP HC 641
Writ petition is not tenable when remedy of appeal is prescribed.	Cal. HC 617
Embezzlement of even petty amount can’t be ignored.	Pat. HC 625
Any evidence prepared after issue of charge sheet is not permissible.	MP HC 641
Industrial Tribunal and not High Court is to give finding of facts.	MP HC 641
Family members are liable to pay market rent/damages if they don’t vacate employer’s accommodation.	Supreme Court 562
Writ court is not to decide factual aspects.	Cal. HC 617

• Termination of an employee engaged for fixed term will not be illegal. Uttr. HC 469   Principal employer is liable to pay wages if contractor fails to pay to workers. Uttr. HC 467   Courts rarely interfere in transfer of employees. Karn. HC 517
• Attendance bonus is not ‘wages’ under Gratuity Act. Chht. HC 507
• Use of refrigerator does not make restaurant involved in ‘manufacturing process’ for ESI coverage. Guj. HC 541
• Habitual absenteeism/irregular attendance justifies termination of services. Guj. HC 540
• Unaided educational institutions are covered under ESI. MP HC 546
• Amount of bonus disputed, can’t be claimed under ID Act. Raj. HC 548
• Insurer cannot deny accident compensation even if vehicle is transferred. HP HC 543
• Back wages on reinstatement only when the workman pleads unemployment. Uttr. HC 474
• Reinstatement appropriate relief when termination is held illegal. P&H HC 549
• Employer-employee relationship stands proved on experience certificate by employer. Uttr. HC 469
• Representation by a legal person not tenable when neither enquiry officer nor presenting officer was practicing advocates. Karn. HC 513
• Employer is to decide the place of posting of an employee.  Karn. HC 517
• Reinstatement with back wages appropriate when retrenchment compensation not paid on termination. Ori. HC 456
• Bonus has to be paid within 8 months of the preceding year. Pat. HC 461
• Technicalities should not stand in the way of achieving justice. P&H HC 463
• Workman has to prove that he has worked for 240 days. Uttr. HC 474
• Contract workers even having registered union, have no right to vote in the union election Mad. HC 459
• Statutory provisions shall prevail over departmental circulars/notifications. Uttr. HC 467
• Providing compassionate employment to a dependent would not justify denial of accident compensation. Gau. HC 449
• Reference of dispute of a workman who has worked for few months is not tenable. Raj. HC 465
• Employer must assess causes of danger to the lives of its employees.  Gau. HC 449

Termination of an employee engaged for fixed term will not be illegal.	Uttr. HC 469
Principal employer is liable to pay wages if contractor fails to pay to workers.	Uttr. HC 467
Courts rarely interfere in transfer of employees	Karn. HC 517
Attendance bonus is not ‘wages’ under Gratuity Act.	Chht. HC 507
Use of refrigerator does not make restaurant involved in ‘manufacturing process’ for ESI coverage.	Guj. HC 541
Habitual absenteeism/irregular attendance justifies termination of services.	Guj. HC 540
Unaided educational institutions are covered under ESI.	MP HC 546
Amount of bonus disputed, can’t be claimed under ID Act.	Raj. HC 548
Insurer cannot deny accident compensation even if vehicle is transferred.	HP HC 543
Back wages on reinstatement only when the workman pleads unemployment.	Uttr. HC 474
Reinstatement appropriate relief when termination is held illegal.	P&H HC 549
Employer-employee relationship stands proved on experience certificate by employer.	Uttr. HC 469
Representation by a legal person not tenable when neither enquiry officer nor presenting officer was practicing advocates.	Karn. HC 513
Employer is to decide the place of posting of an employee.	Karn. HC 517
Reinstatement with back wages appropriate when retrenchment compensation not paid on termination.	Ori. HC 456
Bonus has to be paid within 8 months of the preceding year.	Pat. HC 461
Technicalities should not stand in the way of achieving justice.	P&H HC 463
Workman has to prove that he has worked for 240 days.	Uttr. HC 474
Contract workers even having registered union, have no right to vote in the union election.	Mad. HC 459
Statutory provisions shall prevail over departmental circulars/notifications.	Uttr. HC 467
Providing compassionate employment to a dependent would not justify denial of accident compensation.	Gau. HC 449
Reference of dispute of a workman who has worked for few months is not tenable.	Raj. HC 465
Employer must assess causes of danger to the lives of its employees.	Gau. HC 449

• Dismissal of Plant Operator for sleeping on duty should not be set aside.    Ori. HC 296
• An enquiry will be vitiated if conducted without issuing a proper charge.    Bom. HC 322
• Enquiry is imperative for termination of workman for misconduct.              P&H HC 267
• Prosecution for non-disclosure of violation of the provisions of Factories Act is untenable.  Mad. HC 291
•  Allowing unauthorised persons to travel in a school bus is a serious misconduct.  HP HC 244
•  Dismissal of bank employee for theft and forging of signatures is justified.  Karn. HC 273
•  Enquiry officer can’t decide on objections about his appointment.               Bom. HC 322
•  Departmental and Criminal proceedings can proceed simultaneously.          Karn. HC 273
•  Withdrawal of resignation after its acceptance is not tenable.                       Guj. HC 240
•  Enquiry Officer cannot import his own knowledge in his finding.                Bom. HC 322
•  Worker will be the employee of principal employer if he gets wages from him. P&H HC 265
•  Abandonment of job by worker has to be proved by the management.         P&H HC 263
•  Even when workman admits guilt, enquiry is imperative for sacking.          P&H HC 262
•  Enquiry Officer must have to analyse the evidence in his findings.              Bom. HC 322
•  Acquittal is not a ground for setting aside the findings of enquiry.               Karn. HC 273
•  Reinstatement on wrongful termination is not a rule of thumb.                     P&H HC 270
•  Compensation appropriate when post held by employee did not exist.         P&H HC 270
•  Tribunal/Labour Court to interfere only when dismissal is mala fide.           Ori. HC 296
•  Courts will not interfere in transfers unless mala fide.                                   Mad. HC 294
•  Enquiry officer instead of proceeding ex-parte should have fixed next date if the workman boycotted the enquiry.                                                                                               Bom. HC 322
•  Extension after retirement is discretion of the employer.                               P&H HC 269
•  A resignation is complete only after its acceptance by the employer.            Jhar. HC 282
•  Prosecution of other than the occupier of the factory would be illegal.         Mad. HC 293
•  Resignation can be withdrawn before acceptance by employer.                    Jhar. HC 282
•  Reasons for delay in raising dispute have to be proved by workman.           P&H HC 314
•  Enquiry Officer must act patiently on the principles of natural justice.         Bom. HC 322
•  Mere failure to reply show cause notice would not be abandonment of job. P&H HC 267
•  Enquiry will not be vitiated even if it was held by the legal adviser of the establishment.  P&H HC 264
• Remaining away from work after resigning means it is to be accepted with immediate effect. Del. HC 331
• Over stay after prescribed period by the workman will not mean that his termination is retrenchment.  P&H HC 334
• A plea not taken before lower court cannot be taken before Writ Court.      P&H HC 333

• Dismissal of Bank Supervisor for committing fraud is justified.       Supreme Court 116
• Prosecution of directors not impleading Company as an accused, is untenable.  Cal. HC 174
• Investigation report cannot be a substitute of enquiry of a misconduct.  P&H HC 198
• Enquiry will be vitiated when the authority who issued charge-sheet also held it. Supreme Court 200
• Reinstatement with back wages appropriate without holding enquiry.          Raj. HC 218
• Punishment imposed for driving bus under influence of liquor is rightly upheld.  Bom. HC 204
• Courts should keep off with punishment unless it shocks conscience.  Supreme Court 116
• Misappropriation, small or large, by an employee must be dealt with iron hand.  Bom. HC 210
• Industrial adjudicator to decide whether contract labour system is sham or genuine. Ker. HC 142
• Confirmation of a probationer is the prerogative of an employer. Del. HC 130
• Change in service conditions not permissible without workmen’s consent.  Mad. HC 193
• Regular enquiry has to be held for workman’s misconduct before dismissal. P&H HC 198
• Termination is a must for forfeiture of gratuity for the prescribed misconduct(s). Supreme Court 200
• Transfer of an employee not by competent authority is rightly quashed.      Gau. HC 212
• Termination of a probationer not illegal if not stigmatic.                               Del. HC 130
• Employer and not the court to decide quantum of punishment.         Supreme Court 116
• Retrenchment compensation and notice are imperative on termination of a workman having served above 240 days. HP HC 148
• Termination of a contractual employee for a long duration not justified.  Del. HC 124
• Government not the Court to abolish the contract labour system. Ker. HC 142
• Cancellation of trade union registration is illegal when order sent on wrong address.  Mad. HC 155
• A probationer of a school in Delhi must be confirmed before 3 years.  Del. HC 124
• Reinstatement with back wages appropriate when termination is illegal. Raj. HC 153
• Termination is to be set aside when enquiry is not properly held.  P&H HC 159
• Authority under Payment of Wages Act can to attach the property of defaulting employer. Guj. HC 186
• An enquiry violative of principle of natural justice is liable to be vitiated.   Supreme Court 113
• Interest must be paid on delayed payment of gratuity.  All. HC 172
• Petition rightly dismissed by Employees’ Insurance Court if employer fails to deposit the amount as directed.            Raj. HC 199
• Enhancing of retirement age by certifying authority without any financial burden on employer is not illegal. Karn. HC 213
• Enquiry is imperative to terminate even a temporary employee. Raj. HC 218

• Consuming alcohol on duty justifies dismissal from service. Karn. HC 70
• Denial of representation by a lawyer to the delinquent will vitiate enquiry conducted by Retd. Judge. Del. HC 3
• Control and supervision of principal employer will be decisive to cover the workers of contractors under ESI. Ker. HC 47
• No employee can claim for retirement at 60 when the Standing Orders provide at 58 years. Karn. HC 92
• Transfer of fitter from Faridabad to Pondicherry is victimization to be set aside. P&H HC 93
• Investigation report by Executive Engineer can’t be a substitute for enquiry. P&H HC 78
• Abandonment of service can’t be presumed in absence of notice to workman without enquiry. P&H HC 95
• Court will not interfere in punishment when enquiry is held as fair and proper. Karn. HC 74
• Exclusion of home workers from coverage under ESI has to be established with reasons.  Ker. HC 47
• Plea of abandonment without notice to workman is not sustainable.    P&H HC 35
• Percentage of disability of accident compensation is to be assessed by qualified medical officer. Supreme Court 1
• Appointment of an employee without requisite qualifications can be terminated any time.  Raj. HC 84
• Non-appearance of workman due to ill health, is sufficient cause for setting aside of ex-parte order. Karn. HC 91
• Compensation from ESI for injuries to debar the employee claiming under any law. Bom. HC 80  An award of Labour Court, contrary to the reference, is to be set aside.   P&H HC 93
• Cause of action would arise at Faridabad when the workman was transferred from Faridabad to Pondicherry. P&H HC 93
• Prerogative to hire an employee is entirely of the employer. Del. HC 8
• Labour Court/Tribunal can interfere in punishment only in dismissal or discharge of workman. Karn. HC 74
• Punishment will be quashed when the enquiry is vitiated. Del. HC 3
• Gratuity can’t be withheld merely due to pendency of criminal case.  All. HC 18
• Depositing of ESI contribution after initiation of criminal proceedings would not mitigate offence. Cal. HC 68  
• An employee failing to rebut the charges as levied, will be presumed as guilty. Karn. HC 70  
• Lump sum compensation on reinstatement appropriate when job duration was only 3 years. P&H HC 35  
• Mere right to reject the end product not sufficient to conclude that employer is having supervision and control. Ker. HC 47