IMPORTANT JUDGEMENTS for October 2016

IMPORTANT JUDGEMENTS

 Defaulter of provident fund dues may be arrested only when he neglects to pay dues. and Before arresting a defaulter EPF authority must give hearing.
2016 LLR 1118
CALCUTTA HIGH COURT

 Reinstatement with full back-wages appropriate when retrenchment is illegal. and Relationship of employer-employee stands established if workers of contractor are paid by principal employer.
2016 LLR 1112
ORISSA HIGH COURT

 Principal employer and contractor both are liable to pay accident compensation.
2016 LLR 1107
GUJARAT HIGH COURT

 It is not provided in the Act or Scheme that authorised signatory would be liable to penalty for default.
2016 LLR 1104
PUNJAB AND HARYANA HIGH COURT

 A personal driver of Company Executive will not be Company's employee.
2016 LLR 1097
CALCUTTA HIGH COURT

 No appeal lies against order under section 7Q of the EPF & MP Act.
2016 LLR 1096
BOMBAY HIGH COURT

 If contention of workman about unemployment is not controverted employer would have to pay back-wages.
2016 LLR 1091
BOMBAY HIGH COURT

 An employee working for two interconnected companies will be entitled to gratuity for entire period of service.
2016 LLR 1088
PUNJAB AND HARYANA HIGH COURT

 Reinstatement with 50% back-wages is not appropriate to a terminated workman who worked for a short duration.
2016 LLR 1086
PUNJAB AND HARYANA HIGH COURT

 In absence of documentary proof, wages paid cannot be presumed on surmises and conjectures by EPF authority.
2016 LLR 1084
PATNA HIGH COURT

 Delay in filing claim for provident fund to a worker not to be faulted with.
2016 LLR 1083
MADRAS HIGH COURT

 Issue of employer-employee relationship is to be decided first.
2016 LLR 1081
MADRAS HIGH COURT

 Educational institutions not exempted from applicability of EPF & MP Act. and An appeal lies before Appellate Tribunal under sections 1(3) & (4), 7, 7A, 7B, 7C and 14B of the EPF Act.
2016 LLR 1075
HYDERABAD HIGH COURT

 Teachers entitled to gratuity with retrospective effect.
2016 LLR 1062
GUJARAT HIGH COURT

 Litigant must state truth whether it is pleadings, affidavit or evidence. and Dishonest and unscrupulous litigants have no place in law courts.
2016 LLR 1057
ALLAHABAD HIGH COURT

 Labour Court can use discretionary power only when punishment is disproportionate. and Reinstatement/compensation would be appropriate on excessive punishment.
2016 LLR 1055
KARNATAKA HIGH COURT

 Employee is not entitled to pension at higher rate than his entitlement. And Employer not liable for EPF contributions above prescribed ceiling.
2016 LLR 1052
MADHYA PRADESH HIGH COURT

 Enquiry not held in accordance with laid down procedure is dubious.
2016 LLR 1049
PUNJAB AND HARYANA HIGH COURT

 Mere investigation in misconduct is not a substitute for regular enquiry. and Reinstatement with back-wages is appropriate for termination without enquiry.
2016 LLR 1048
PUNJAB AND HARYANA HIGH COURT

 EPF Authority under obligation to give opportunity for hearing to employer.
2016 LLR 1043
ORISSA HIGH COURT

 EPF Authority can't reduce damages for delayed deposit. and Order beyond jurisdiction by EPF Appellate Tribunal is liable to be set aside.
2016 LLR 1039
ORISSA HIGH COURT

 Fix term employee has no right for regularisation. and It is prerogative of an employer to select any employee for employment.
2016 LLR 1026
MADHYA PRADESH HIGH COURT

 240 days calculation will be on the basis of 12 preceding calendar months. and Adverse inference will be drawn on non-production of record. and Non-compliance of section 25F of ID Act providing for retrenchment compensation would set aside the termination.
2016 LLR 1050
PUNJAB AND HARYANA HIGH COURT

 Pumping oil, water, sewage or other substance is a 'manufacturing process' for coverage under Factories Act. and Appellate Court not to reverse findings of E.I. Court based on documentary and oral evidence.
2016 LLR 1035
KERALA HIGH COURT

 Principal Employer is liable for EPF contributions when deducted from wages of contractor's employees. and In a contract for completion of certain work, employer cannot be compelled to pay EPF contributions. And In the absence of employer-employee relationship with the workers of the contractors the principal employer is not to pay EPF contributions.
2016 LLR 1032
KERALA HIGH COURT

 Canteen subsidy/mess allowance not 'basic wages' for EPF contributions.
2016 LLR 1025
GUJARAT HIGH COURT

 Principal employer is not liable for EPF contribution in respect of employees of contractor in the absence of any control or supervision.
2016 LLR 1021
CALCUTTA HIGH COURT

 A society not rendering particular services is not liable for EPF contributions. And Electricity used for light and other amenities will not be 'working with the aid of power' for coverage under EPF&MP Act.
2016 LLR 1019
BOMBAY HIGH COURT

 Sympathy towards an employee guilty of forgery would be misplaced. and Dismissal of any employee guilty of forgery is proper punishment.
2016 LLR 1014
BOMBAY HIGH COURT

 Dismissal of negligent driver justified when who caused 32 accidents. and Past record of workmen is relevant for imposing punishment. and Disproving of accident would be upon delinquent driver.
2016 LLR 1009
SUPREME COURT OF INDIA