IMPORTANT JUDGEMENTS for January 2018

IMPORTANT JUDGEMENTS

 A piece-rated employee is also covered under ESI.
2018 LLR 1
SUPREME COURT OF INDIA

 Financial crises due to labour unrest is a factor for reduction of damages for delayed deposit of PF dues.
2018 LLR 100
DELHI HIGH COURT

 Clubbing of units for applicability of EPF Act when there is financial integrality.
2018 LLR 102
KERALA HIGH COURT

 A non-covered industry can be added to Schedule I of the Act for coverage. and A factory manufacturing wooden furniture is to be covered under the Act.
2018 LLR 109
KERALA HIGH COURT

 Contract labour can claim equal wages of one’s category from the principal employer.
2018 LLR 13
DELHI HIGH COURT

 Relationship of employer-employee established when the employer has admitted.
2018 LLR 17
DELHI HIGH COURT

 No mercy, but sacking, for embezzlers. and Admission of misappropriation is sufficient for dismissal.
2018 LLR 19
BOMBAY HIGH COURT

 Theft, while on duty, justifies dismissal from service. and Enquiry can be held even after the acquittal of any employee. and After valid enquiry, the punishment not to be interfered by the Labour Court. and The pendency of criminal trial has no bearing on disciplinary proceedings.
2018 LLR 2
SUPREME COURT OF INDIA

 Allegation of intemperate language cannot constitute sexual harassment.
2018 LLR 24
KERALA HIGH COURT

 The loan amount cannot be adjusted against gratuity.
2018 LLR 32
CALCUTTA HIGH COURT

 Reinstatement is to be only in the same post as held prior to termination.
2018 LLR 36
CHHATTISGARH HIGH COURT

 Compound interest on delayed payment of gratuity only after issuing of recovery certificate.
2018 LLR 37
CHHATTISGARH HIGH COURT

 Non-issuing of tickets after receipt of fare would justify dismissal. and Labour Court not to interfere in enquiry when admitted as proper by the workman.
2018 LLR 39
GUJARAT HIGH COURT

 Accident compensation payable to a workman, not to a clerk.
2018 LLR 42
MADHYA PRADESH HIGH COURT

 Show cause notice can’t be challenged in a writ petition.
2018 LLR 49
UTTARAKHAND HIGH COURT

 Director of a company not personally liable for default in remitting ESI contributions.
2018 LLR 58
DELHI HIGH COURT

 Dismissal is justified for second marriage when the first marriage survives.
2018 LLR 60
JHARKHAND HIGH COURT

 An employer can’t take advantage of workman’s weak economic position under the settlement.
2018 LLR 68
MADRAS HIGH COURT

 Calculation of accident compensation not to be less than minimum wages.
2018 LLR 7
SUPREME COURT OF INDIA

 Unpaid apprentice under Apprentices Act would be entitled to accident compensation.
2018 LLR 70
MADRAS HIGH COURT

 An appeal before Tribunal beyond limitation not tenable. and EPF contribution is for any person on wages either, manual or otherwise, or in connection with the work of the establishment. and EPF Tribunal can’t condone delay in filing an appeal after the expiry of the prescribed period.
2018 LLR 76
BOMBAY HIGH COURT

 An order by RPFC relying upon the report of Enforcement Officer is not legal.
2018 LLR 78
BOMBAY HIGH COURT

 Accidental physical contact would not amount to ‘sexual harassment’. and Sexually determined physical contact would constitute sexual harassment.
2018 LLR 8
DELHI HIGH COURT

 Transferee liable for damages for the default of delayed remittance by the transferor. and The transferee is liable for default of transferor to the extent of assets as obtained.
2018 LLR 82
BOMBAY HIGH COURT

 Damages in absence of mens rea on the part of the employer are not sustainable.and Mens rea/actus reus of employer would be the determinative factor in imposing damages.
2018 LLR 85
CHHATTISGARH HIGH COURT

 Reviewing authority must hear the aggrieved party.and Natural justice and equity warrant a reasonable opportunity of hearing before an adverse order is passed.
2018 LLR 87
KERALA HIGH COURT

 Limitation Act for condonation of delay is not applicable in delayed filing of an appeal. and Writ petition is not maintainable if the alternative remedy of appeal is available.
2018 LLR 90
ORISSA HIGH COURT

 Only financial crisis is no ground for reduction of damages and interest on delayed deposit of EPF dues.
2018 LLR 95
PUNJAB AND HARYANA HIGH COURT

 An ex-parte order is justified if a party fails to appear before EPF authority. and A principal employer will be liable to pay EPF contributions if contractors fail to remit.
2018 LLR 97
PUNJAB AND HARYANA HIGH COURT

 EPF Appellate Tribunal can reduce or waive the amount of pre-deposit to any extent.
2018 LLR 99
DELHI HIGH COURT