IMPORTANT JUDGEMENTS for January 2019

IMPORTANT JUDGEMENTS

 Technical plea for non-compliance of para 26.6 of EPF Scheme for higher contribution is not tenable.
2019 LLR 97
ANDHRA PRADESH HIGH COURT

 No relief can be granted for non-payment of EPF dues on the ground that no recovery has been made from the companies.
2019 LLR 101
KARNATAKA HIGH COURT

 Natural justice is violated if the employer is not given an opportunity for levy of damages.
2019 LLR 93
CALCUTTA HIGH COURT

 It is for EPF authority to identify beneficiaries when the record is submitted.
2019 LLR 81
BOMBAY HIGH COURT

 An exemption can be granted when the employer has a more favourable scheme.
2019 LLR 83
BOMBAY HIGH COURT

 EPF authority should not attach bank account pending appeal.
2019 LLR 111
JHARKHAND HIGH COURT

 A member of the provident fund is a consumer under the Consumer Protection Act.
2019 LLR 109
MADHYA PRADESH HIGH COURT

 Technical plea for non-compliance of para 26.6 of EPF Scheme for higher contribution is not tenable.
2019 LLR 97
ANDHRA PRADESH HIGH COURT

 Dismissal of bank employee justified for consuming liquor on duty.
2019 LLR 3
SUPREME COURT OF INDIA

 The limitation to approach the EPFA Tribunal may be reckoned by the writ court on bona fide reasons.
2019 LLR 107
KERALA HIGH COURT

 Relief can be granted even if the petitioner has not been able to comply with pre-deposit as directed by Tribunal.
2019 LLR 79
DELHI HIGH COURT

 The writ petition is tenable if EPFA Tribunal not functioning
2019 LLR 102
KARNATAKA HIGH COURT

 An appeal, no writ petition has to be resorted while challenging the determined amount under section 7A & B of the Act.
2019 LLR 117
CHHATTISGARH HIGH COURT

 An appeal, no writ petition has to be resorted while challenging the determined amount under section 7A & B of the Act.
2019 LLR 117
CHHATTISGARH HIGH COURT

 An employer cannot withhold money due to EPF contributions.
2019 LLR 92
CALCUTTA HIGH COURT

 An employer cannot withhold money due to EPF contributions.
2019 LLR 92
CALCUTTA HIGH COURT

 Attachment of bank account of more than the determined amount is not tenable
2019 LLR 111
JHARKHAND HIGH COURT

 Services provided by EPFO are covered by the Consumer Protection Act.
2019 LLR 109
MADHYA PRADESH HIGH COURT

 An establishment remains coverable till it seeks exemption under the Act.
2019 LLR 95
PATNA HIGH COURT

 An embezzler does not deserve any sympathy for setting aside his termination.
2019 LLR 61
Orissa HIGH COURT

 Signature on resignation when admitted can't be wriggled out.
2019 LLR 55
ALLAHABAD HIGH COURT

 Reinstatement is appropriate on acquittal of worker involved in criminal case.
2019 LLR 2
SUPREME COURT OF INDIA

 Maternity benefit can't be denied on third delivery.
2019 LLR 57
UTTARAKHAND HIGH COURT

 Supervisors not entitled to overtime for additional work.
2019 LLR 19
BOMBAY HIGH COURT

 Bias of enquiry officer can be inferred if he is a friend of Factory Manager and has earlier held enquiries against workmen.
2019 LLR 36
PUNJAB AND HARYANA HIGH COURT

 Order of forfeiture of gratuity after dismissal is not sustainable.
2019 LLR 44
PUNJAB AND HARYANA HIGH COURT

 Reinstatement on illegal termination is not a rule of thumb.
2019 LLR 49
PUNJAB AND HARYANA HIGH COURT

 Termination for habitual absence without enquiry would be illegal.
2019 LLR 11
DELHI HIGH COURT

 Gratuity can't be denied for not vacating the quarters.
2019 LLR 72
HIMACHAL PRADESH HIGH COURT

 A Marketing Officer on his termination will not be a workman.
2019 LLR 74
KARNATAKA HIGH COURT

 Termination of a part time sweeper working for 18 years without retrenchment compensation is illegal.
2019 LLR 49
PUNJAB AND HARYANA HIGH COURT

 Termination without seeking approval during the pendency of dispute is illegal.
2019 LLR 8
DELHI HIGH COURT

 Non-reply of workman's demand notice by the employer can be damaging.
2019 LLR 11
DELHI HIGH COURT

 Non-reply of workman's demand notice by the employer can be damaging.
2019 LLR 11
DELHI HIGH COURT

 Adjudicator, not government, can determine the relationship of employer and employee.
2019 LLR 24
MADRAS HIGH COURT

 A show cause notice can be a substitute for charge sheet
2019 LLR 29
GAUHATI HIGH COURT

 Termination of the workman is to be set aside if his absence was due to missing of his daughter
2019 LLR 46
PUNJAB AND HARYANA HIGH COURT

 Termination of the workman is to be set aside if his absence was due to missing of his daughter
2019 LLR 46
PUNJAB AND HARYANA HIGH COURT

 Gratuity of an employee cannot be attached in execution of civil court order
2019 LLR 65
CHHATTISGARH HIGH COURT

 Termination without approval during the pendency of proceedings is to be quashed.
2019 LLR 8
DELHI HIGH COURT

 Claim for overtime tenable only when additional work is admitted by employer.
2019 LLR 1
SUPREME COURT OF INDIA

 Reinstatement of a terminated workman is untenable when not appointed under the prescribed procedure.
2019 LLR 42
PUNJAB AND HARYANA HIGH COURT

 Purpose of charge sheet is to tell about allegations to the delinquent.
2019 LLR 36
PUNJAB AND HARYANA HIGH COURT

 Gratuity to be calculated even when an employee was a daily wager after his engagement
2019 LLR 71
HIMACHAL PRADESH HIGH COURT

 Termination sans retrenchment compensation and notice will be illegal.
2019 LLR 49
PUNJAB AND HARYANA HIGH COURT

 Record if not produced in Labour Court can't be produced in writ petition
2019 LLR 53
PUNJAB AND HARYANA HIGH COURT

 An enquiry by Tribunal can be held only when the employer has made a request.
2019 LLR 3
SUPREME COURT OF INDIA

 Identification of beneficiaries is imperative before determination of EPF dues.
2019 LLR 81
BOMBAY HIGH COURT

 Contractual/casual employees engaged directly or indirectly will be covered by the EPF & MP Act.
2019 LLR 83
BOMBAY HIGH COURT

 Levy of damages by a non-speaking order is to be set aside.
2019 LLR 90
BOMBAY HIGH COURT

 An order under of the EPF Scheme sans hearing the parties is not tenable.
2019 LLR 100
KARNATAKA HIGH COURT

 Applicability of EPF&MP Act not excluded merely an establishment is under the control of State government.
2019 LLR 95
PATNA HIGH COURT

 An order has to be speaking one for recovery from guarantor bank of the defaulting employer.
2019 LLR 104
KARNATAKA HIGH COURT

 Principal employer is duty bound to deposit contributions of the employees of the contractor.
2019 LLR 106
KARNATAKA HIGH COURT

 No recovery of determined amount when EPFA Tribunal is not functional.
2019 LLR 108
KERALA HIGH COURT

 No recovery of determined amount when EPFA Tribunal is not functional.
2019 LLR 108
KERALA HIGH COURT

 No interim relief can be sought by filing writ petition during the pendency of the appeal before EPF Tribunal.
2019 LLR 78
DELHI HIGH COURT

 EPF authority has to pass a reasoned order taking into consideration the entire material as provided.
2019 LLR 81
BOMBAY HIGH COURT

 Levy of damages without Mens rea and opportunity for explanation is not sustainable.
2019 LLR 93
CALCUTTA HIGH COURT

 Levy of damages without Mens rea and opportunity for explanation is not sustainable.
2019 LLR 114
CHHATTISGARH HIGH COURT

 An establishment remains coverable till it seeks exemption under the Act
2019 LLR 95
PATNA HIGH COURT