IMPORTANT JUDGEMENTS for January 2017

IMPORTANT JUDGEMENTS

 Percentage of disability of accident compensation is to be assessed by qualified medical officer.
2017 LLR 1
SUPREME COURT OF INDIA

 Order rejecting review application is not appealable.
2017 LLR 10
BOMBAY HIGH COURT

 Complaint for signing under force by EPF Inspectors untenable when no report filed with police. and Reviewing authority must provide opportunity of hearing to the petitioner.
2017 LLR 17
BOMBAY HIGH COURT

 Gratuity can't be withheld merely due to pendency of criminal case and Rejecting review application sans notice for hearing of employer is illegal.
2017 LLR 18
ALLAHABAD HIGH COURT

 Incentive for production not to attract provident fund contributions and Any payment made to all employees would attract provident fund contribution.
2017 LLR 24
MADRAS HIGH COURT

 Denial of representation by a lawyer to the delinquent will vitiate enquiry conducted by Retd. Judge and Punishment will be quashed when the enquiry is vitiated.
2017 LLR 3
DELHI HIGH COURT

 Plea of abandonment without notice to workman is not sustainable and Lump sum compensation on reinstatement appropriate when job duration was only 3 years.
2017 LLR 35
PUNJAB AND HARYANA HIGH COURT

 Lessor and lessee would be jointly and severely liable to pay provident fund arrears as per 17(s) 17(b) of the Act.
2017 LLR 36
PUNJAB AND HARYANA HIGH COURT

 Any person appointed directly or indirectly for wages will be covered by provident fund and Attendance wage register not cogent evidence if not authenticated by government agency and EPF Authority may insist the employer for installation of CCTV cameras around factory premises for ascertaining workmen employed.
2017 LLR 39
PUNJAB AND HARYANA HIGH COURT

 Control and supervision of principal employer will be decisive to cover the workers of contractors under ESI and Exclusion of home workers from coverage under ESI has to be established with reasons and Mere right to reject the end product not sufficient to conclude that employer is having supervision and control.
2017 LLR 47
KERALA HIGH COURT

 Appeal to tribunal to be dismissed on failing to comply the condition of pre-deposit.
2017 LLR 6
DELHI HIGH COURT

 Workers for maintenance of building and electrical job etc. are to be covered under EPF Act and Principal employer liable if contractor fails to remit EPF contributions and On paying EPF contributions by contractor, the principal employer can recover it.
2017 LLR 63
CALCUTTA HIGH COURT

 Depositing of ESI contribution after initiation of criminal proceedings would not mitigate offence.
2017 LLR 68
CALCUTTA HIGH COURT

 Consuming alcohol on duty justifies dismissal from service and An employee failing to rebut the charges as levied, will be presumed as guilty.
2017 LLR 70
KARNATAKA HIGH COURT

 No limitation is provided for assessment and recovery of damages.
2017 LLR 72
KARNATAKA HIGH COURT

 Court will not interfere in punishment when enquiry is held as fair and proper and Labour Court/Tribunal can interfere in punishment only in dismissal or discharge of workman.
2017 LLR 74
KARNATAKA HIGH COURT

 Registered cooperative society employing less than 50 workers not to be covered under the Act and Principal employer will deduct and deposit the contributions of employees of contractor.
2017 LLR 76
PUNJAB AND HARYANA HIGH COURT

 Investigation report by Executive Engineer can't be a substitute for enquiry.
2017 LLR 78
PUNJAB AND HARYANA HIGH COURT

 Prerogative to hire an employee is entirely of the employer and Supervision, payment of salary to workers of contractor will make the principal employer liable for EPF contributions.
2017 LLR 8
DELHI HIGH COURT

 Compensation from ESI for injuries to debar the employee claiming under any law.
2017 LLR 80
BOMBAY HIGH COURT

 Identification of employees is to be made before determination of money under S.7-A of the Act. and Provident Fund contributions are for the welfare of employees can't be treated as tax.
2017 LLR 83
PATNA HIGH COURT

 Appointment of an employee without requisite qualifications can be terminated any time.
2017 LLR 84
RAJASTHAN HIGH COURT

 A liability fixed by EPF Authority on the employer without any notice or opportunity, is not sustainable.
2017 LLR 87
ALLAHABAD HIGH COURT

 Non-appearance of workman due to ill health, is sufficient cause for setting aside of ex-parte order.
2017 LLR 91
KARNATAKA HIGH COURT

 No employee can claim for retirement at 60 when the Standing Orders provide at 58 years.
2017 LLR 92
KARNATAKA HIGH COURT

 Transfer of fitter from Faridabad to Pondicherry is victimization to be set aside and An award of Labour Court, contrary to the reference, is to be set aside and Cause of action would arise at Faridabad when the workman was transferred from Faridabad to Pondicherry.
2017 LLR 93
PUNJAB AND HARYANA HIGH COURT

 Abandonment of service can't be presumed in absence of notice to workman without enquiry.
2017 LLR 95
PUNJAB AND HARYANA HIGH COURT