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Important Judgments

September 2018

REPORTED JUDGMENTS AT A GLANCE IMPORTANT JUDGMENTS – SEP 2018

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A resignation can be withdrawn before its acceptance.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

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

Factors for levy of damages pertain to willful default and financial crises etc. Bom. HC 1022
List of employees duly signed by responsible officer cannot be rebutted while challenging coverage. P&H HC 1040
Forum for challenging order of EPF authority is only filing of appeal before Tribunal. Mad. HC 1034
Writ petition is tenable when EPF Tribunal is not functioning. Mad. HC 1033
Appellant can seek interim relief by Tribunal as permissible. Mad. HC 1039
Damages not mandatory but employer has to pay for delayed remittance to ensure regularity in deposits. Bom. HC 1020
Option for pension tenable if person is in service and has not withdrawn PF dues. Ker. HC 1028
Writ petition is tenable if order violates of fundamental right and natural justice. Mad. HC 1034
Order under section 7-A of the Act may be stayed with or without any condition. Cal. HC 1025
Appeal not writ petition tenable while challenging order under section 7A of the Act. Mad. HC 1031
Coverage of an establishment justified when above 20 employees were employed. P&H HC 1040
Absence of mens rea, willful default will justify reduction of damages by Tribunal. Bom. HC 1020
No damages can be imposed for pre-discovery period. Bom. HC 1020
Declared sickness of unit is a factor for reduction of 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

 

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

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

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

REPORTED JUDGMENTS AT A GLANCE

IMPORTANT JUDGMENTS

A worker of contractor cannot seek reinstatement from principal employer. All. HC 758
Non compliance of transfer order justifies termination. HP HC 727
Termination sans enquiry even for misappropriation is not legal. P&H HC 729
Hurling of filthy abusive language at a senior officer justifies dismissal. Bom. HC 764
Murder of worker near his residence after duty is an ‘accident’ for compensation. Del. HC 708
Holding of enquiry is not necessary on admission of misconduct. HP HC 727
Execution of receipt of legal dues debars an employee to make any claim. Raj. HC 750
‘No work no wages’ applies on not reporting at transferred place. Mad. HC 752
Dismissal of workman abusing his senior after holding enquiry would be 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

 

.
June 2018

REPORTED JUDGMNETS AT A GLANCE

IMPORTANT JUDGMENTS – JUNE 2018

 

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

 

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

 

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

 

.
May 2018

REPORTED JUDGMENTS AT A GLANCE IMPORTANT JUDGMENTS – MAY 2018

Striking workmen restrained from staging dharna, demonstration etc. within 500 meters of the site of employer. HP HC 535
Mere gate passes not sufficient for treating contractor’s workers as employee of principal employer. Pat. HC 488
Not challenging transfer initially is untenable. Bom. HC 465
Conducting inquiry under POSH Act 500 miles away not proper. Mad. HC 477
Removal from service justified on unauthroised occupation of employers’ quarters. Ker. HC 528
Punishment not to be reduced when past conduct is stigmatic. Karn. HC 496
Absence of registration and license under CLRA Act will not entitle contract workers to be employee of principal employer. Pat. HC 488
Enquiry findings not to be interfered when based on natural 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
.
April 2018

REPORTED JUDGMENTS AT A GLANCE IMPORTANT JUDGMENTS – APRIL 2018

A union leader must be a role model of integrity and law abiding. Karn. HC 417
Civil Courts can’t grant reinstatement to a dismissed employee. Mad. HC 394
Loss of 70% earning capacity of a driver appropriate for accident compensation. Supreme Court 343
Unexplained and inordinate delay would justify setting aside of dismissal. Supreme Court 344
Appeal against recommendations of Internal Committee of POSH Act is to be filed within 90 days. Ker. HC 363
Awarding back wages sans supporting reasons not tenable. Mad. HC 360
Validity of an enquiry to be decided as preliminary issue. Supreme Court 371
Reinstatement with back wages appropriate when termination is illegal. P&H HC 355
Casual or part time worker having worked for 240 days will get protection under ID 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

 

 

.
March 2018

Reported Judgments – March 2018

Acceptance of resignation despite its withdrawal by employee is not legal. All. HC 259
Dismissal of a hospital employee for slapping the doctor is justified. Guj. HC 275
Formation of charitable trust and exemption under Income Tax Act are not sufficient to treat it charitable establishment under Bonus Act. Del. HC 285
Gratuity cannot be adjusted against loan despite employee’s undertaking. Cal. HC 307
Termination for suppression of criminal case for getting job without enquiry is invalid. MP HC 273
Reinstatement is not a thumb rule when termination is set aside. Supreme Court 225
Resignation by an employee with option either to face police case for misappropriation or resign not to be treated under duress. Gau. HC 269
Labour Court is not to interfere in dismissal for grave misconduct. Guj. HC 275
Non appearance of a person who endorsed the list of employees by ESI authority would establish its authenticity. Bom. HC 240
Death of an employee due to heart attack due to work stress will be an employment accident. All. HC 257
Use of LPG gas or electricity for manufacturing would justify applicability of ESI Act. Bom. HC 240
Group Sales Manager is not a “workman” under the I.D. Act. Mad. HC 315
A daily wager has no right to hold the post for continuation. P&H HC 253
Compensation Commissioner is empowered to award more than as claimed. Bom. HC 247
Presenting Officer in enquiry cannot be an independent witness. Del. HC 231
Termination of a confirmed workman without enquiry is not legal. MP HC 273
ESIC will reimburse expenditure for treatment in absence of such facility with ESI. Ker. HC 264
240 days working is established when employer fails to provide attendance record. Uttr. HC 302
Travelling expenses paid for performing duties not wages for ESI contribution. Ker. HC 261
Adjudicator has to decide a reference but cannot question its maintainability. HP HC 306
Exemption under Bonus Act is available only for non-profit establishments. Del. HC 285
Back-wages on reinstatement only when no gainful employment during interregnum. Del. HC 234
High Court will not entertain writ petition against an interim order of Labour Court. Hyd. HC 249
Strike illegal when resorted immediately after settlement. Karn. HC 316
Enquiry officer is not impartial behaving rudely with  female employee. Del. HC 231
Earning for mere survival will not be ‘gainful employment’. Del. HC 228
Hospital charging from patients cannot be a charitable for exemption under Bonus 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
.
February 2018
No mercy for a disruptor of peace and harmony in the establishment. Karn. HC 175
A witness cannot be an impartial enquiry officer. All. HC 143
No union can claim to be the sole bargaining agency with the employer. Mad. HC 167
Supreme Court would rarely interfere with the award of Industrial Tribunal. Supreme Court 159
Dismissal justified when employment obtained by fabricated documents. Supreme Court 164
Dismissal justified for assaulting co-workers and lodging false police complaint against employer. Karn. HC 175
Loss of earning capacity vis-a-vis physical disability has no co-relation to accident compensation. Supreme Court 118
Nature of duties not designation determines if employee is a ‘workman’ or not. Cal. HC 137
Civil Court cannot grant reinstatement on wrongful termination. Del. HC 126
It is for the management to produce evidence in the enquiry. All. HC 143
Principal employer has to ensure deposit of ESI contribution by contractor. Supreme Court 119
Onus to prove 240 days working is on the employee. MP HC 150
Settlement between ‘workmen’ and employer cannot override statutory provisions. Bom. HC 128
In absence of proof the plea of closure of establishment is not tenable. Del. HC 125
Dismissal unjustified when documents not provided to charge-sheeted employee. All. HC 143
High Court not to entertain a reference of a dispute made for adjudication. Del. HC 166
Piece rated workers are also covered under ESI. Supreme Court 119
When enquiry is vitiated, the employer can seek permission for fresh enquiry. Ker. HC 135
Only a ‘workman’ is entitled to protections under Industrial Disputes Act. Cal. HC 137
Associate professor in an educational institution is entitled to gratuity. Ker. HC 132
Termination of contractual services after fixed period is not illegal. Pat. HC 140
Ex-parte enquiry only when the delinquent fails to participate. All. HC 143
Non-payment of retrenchment compensation will render termination as illegal. Cal. HC 137
Interpretation of ESI Act should tilt in favour of employees. Mad. HC 147
Employer himself need not be the member of the Minimum Wages Committee. Supreme Court 113
Monetary relief on setting aside termination of workman depends upon financial position of employer and length of service etc. Supreme Court 159
Forming trade union is a fundamental right. Mad. HC 167
Minimum wage can be fixed as per mechanism provided under Minimum Wages Act. Ker. HC 169
Compensation Commissioner can recover compensation like land revenue. Del. HC 179

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

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

 

.
January 2018
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

 

.
December 2017

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
.
November 2017

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

 

.
October 2017

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

.
September 2017
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
.
August 2017
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

 

.
July 2017

 

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
.
June 2017
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
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May 2017
  • 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
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April 2017
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
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March 2017
  • 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
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February 2017
  • 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
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January 2017
  • 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
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