IMPORTANT JUDGEMENTS for October 2017

IMPORTANT JUDGEMENTS

 An order not passed on merits by dismissing the appeal for non-prosecution can be set aside.
2017 LLR 1119
PUNJAB AND HARYANA HIGH COURT

 No Writ petition is tenable when appropriate remedy of appeal is available.
2017 LLR 1118
KARNATAKA HIGH COURT

 Any order by EPF Authority without power under Act is not sustainable. and Different institutions with separate code numbers cannot be treated as branches of other institution.
2017 LLR 1116
KARNATAKA HIGH COURT

 Demanding whole amount will be impractical in view of financial position of employer. and Allowing instalments to a defaulting employer would be practical solution for recovery of dues.
2017 LLR 1115
CALCUTTA HIGH COURT

 Central Government can exempt any establishment retrospectively. and No exemption from coverage of establishment for engaging of aged persons.and Findings of employment of 20 persons can't be interfered in writ jurisdiction.
2017 LLR 1110
MADRAS HIGH COURT

 A member is not debarred opting to contribute higher wages to pension fund.
2017 LLR 1107
HIMACHAL PRADESH HIGH COURT

 No coercive action against an employer for timely depositing PF dues in instalments. and Attaching bank account by EPF authority not proper since it will prevent the employer to pay the wages.
2017 LLR 1106
CALCUTTA HIGH COURT

 Writ petition untenable on availability of a forum for filing appeal.
2017 LLR 1105
CALCUTTA HIGH COURT

 Review petition to be dismissed in the absence of convincing grounds.
2017 LLR 1104
CALCUTTA HIGH COURT

 Reasonable opportunity to a party is imperative for passing any order.
2017 LLR 1103
JHARKHAND HIGH COURT

 Dealership of petroleum outlet is distinct from transfer as referred in section 17-B of the Act. and Petroleum dealer would be liable for coverage when employing 20 or more employees independently.
2017 LLR 1101
KERALA HIGH COURT

 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. and A college functioning without aid of power can't be covered under the Act. and A college availing grant in aid is exempted from coverage under sec. 16(1)(b) of the Act.
2017 LLR 1095
BOMBAY HIGH COURT

 An appeal under ESI Act filed after limitation period is liable to be rejected.
2017 LLR 1089
DELHI HIGH COURT

 No accident compensation payable in absence of proof about permanent/partial disability.
2017 LLR 1083
GUJARAT HIGH COURT

 No compensation on accident when employee went outside for food during interval.
2017 LLR 1079
GUJARAT HIGH COURT

 Dismissal of bank Manager untenable in absence of evidence of misconduct.
2017 LLR 1071
PATNA HIGH COURT

 Non-compliance of 25F of ID Act justifies reinstatement with back wages. and
2017 LLR 1068
HIMACHAL PRADESH HIGH COURT

 Expenditure on construction/expansion of factory would attract ESI contributions.
2017 LLR 1065
KERALA HIGH COURT

 Request for re-cross examination of witnesses is to be rejected.
2017 LLR 1060
CALCUTTA HIGH COURT

 Deposit of determined gratuity is a condition precedent for filing appeal against Controlling Authority. and Appeal not writ tenable for challenging order of Controlling Authority under Gratuity Act.
2017 LLR 1058
CALCUTTA HIGH COURT

 RPFC can't be an aggrieved party to file Writ against order of Tribunal.
2017 LLR 1055
KARNATAKA HIGH COURT

 Having invoked the remedy under civil suit, an employee cannot raise industrial dispute.
2017 LLR 1054
PUNJAB AND HARYANA HIGH COURT

 Absence when treated to be 'leave without pay' is not a misconduct. and Removal of employee when he has been informing illness of mother not justified.
2017 LLR 1052
DELHI HIGH COURT

 High Court can direct the Tribunal to adjudicate upon maintainability of appeal filed beyond period of limitation. and Tribunal can't entertain an appeal beyond prescribed period of limitation.
2017 LLR 1049
HIMACHAL PRADESH HIGH COURT

 Gratuity can be forfeited only on termination for prescribed misconducts.
2017 LLR 1047
CALCUTTA HIGH COURT

 Status of employee as a 'workman' can't be decided as preliminary issue.
2017 LLR 1045
CALCUTTA HIGH COURT

 Principal employer is liable if contractor fails to pay wages to employees.
2017 LLR 1042
PUNJAB AND HARYANA HIGH COURT

 Ex-parte enquiry cannot be faulted when delinquent failed to respond notices.
2017 LLR 1034
HYDERABAD HIGH COURT

  Enquiry is fair when delinquent has already cross-examined witnesses. and An employee committing theft loses confidence of employer.
2017 LLR 1032
CHHATTISGARH HIGH COURT

 Transfer of an employee cannot be stalled because of his family difficulties.
2017 LLR 1031
CALCUTTA HIGH COURT

 Regional Sales Manager is not a 'workman'. and Industrial disputes are tenable at a place of employment or transfer.
2017 LLR 1023
ALLAHABAD HIGH COURT

 Dismissal of an employee for theft is justified. and Denial of opportunity for cross examination of witnesses would vitiate inquiry by Internal Committee under POSH Act.
2017 LLR 1014
DELHI HIGH COURT