IMPORTANT JUDGEMENTS for October 2019

IMPORTANT JUDGEMENTS

 Delayed remittance of EPF contributions after deducting employees' share is a criminal offence.
2019 LLR 1166
PUNJAB AND HARYANA HIGH COURT

 EPFA Tribunal may accept bank guarantee of 75% of awarded amount as pre-deposit condition.
2019 LLR 1161
MADHYA PRADESH HIGH COURT

 Imposition of damages and interest by EPF authority without reasons not sustainable.
2019 LLR 1162
PATNA HIGH COURT

 Authority must dispose of employer's pleas with reason on levy of interest on late deposit of dues.
2019 LLR 1142
DELHI HIGH COURT

 A Director not personally liable for back wages awarded against the Company.
2019 LLR 1078
ALLAHABAD HIGH COURT

 No reinstatement when a worker has lost the confidence of the employer.
2019 LLR 1065
DELHI HIGH COURT

 No relief against the principal employer on termination of the contractor's worker.
2019 LLR 1109
HIMACHAL PRADESH HIGH COURT

 A probationer need not be heard on his termination.
2019 LLR 1107
HIMACHAL PRADESH HIGH COURT

 Dismissal for misappropriation is justified with 37 cases of pilferage in the past record.
2019 LLR 1098
KARNATAKA HIGH COURT

 Reinstatement with back wages is normal rule on illegal termination.
2019 LLR 1114
PATNA HIGH COURT

 Service of notice incomplete if postal endorsement states '˜no such person' residing.
2019 LLR 1076
MADRAS HIGH COURT

 Dismissal for absence not justified when employee applied for leave with medical certificate.
2019 LLR 1105
KARNATAKA HIGH COURT

 Trainee is not a '˜workman' under the ID Act.
2019 LLR 1069
DELHI HIGH COURT

 No absorption of worker of a contractor who has no license under Contract Labour (R&A) Act.
2019 LLR 1093
KARNATAKA HIGH COURT

 Employee to be heard before forfeiture of his gratuity for causing financial loss.
2019 LLR 1084
PUNJAB AND HARYANA HIGH COURT

 Nature of duties, not designation or salary, is relevant to determine if an employee is a '˜workman'.
2019 LLR 1102
KARNATAKA HIGH COURT

 Rs.8 Lacs compensation instead of reinstatement is appropriate on illegal termination with 8-year service.
2019 LLR 1067
DELHI HIGH COURT

 Onus to prove the relationship of employer and employee is on the '˜workman'.
2019 LLR 1109
HIMACHAL PRADESH HIGH COURT

 Termination violative of section 33(2)(b) of Industrial Disputes Act will be illegal.
2019 LLR 1114
PATNA HIGH COURT

 An enquiry will be vitiated when violative of natural justice.
2019 LLR 1114
PATNA HIGH COURT

 Gratuity can't be forfeited in absence of financial loss to employer.
2019 LLR 1082
PUNJAB AND HARYANA HIGH COURT

 Validity of domestic enquiry to be determined at first instance by the Industrial Tribunal.
2019 LLR 1063
DELHI HIGH COURT

 No scope of technicalities in Employees' Compensation Act enacted in public interest.
2019 LLR 1080
ALLAHABAD HIGH COURT

 Section 2A of the ID Act applies retrospectively.
2019 LLR 1089
MADHYA PRADESH HIGH COURT

 Mother, not brother of the deceased is entitled to accident compensation.
2019 LLR 1119
GUJARAT HIGH COURT

 Despite the union's espousal, an employee not being a '˜workman' cannot get any relief under labour laws.
2019 LLR 1102
KARNATAKA HIGH COURT

 Findings recorded on merit in writ proceedings will operate as res judicata for an industrial dispute.
2019 LLR 1091
KARNATAKA HIGH COURT

 Minimum age for accident compensation is not prescribed under the Employees' Compensation Act.
2019 LLR 1119
GUJARAT HIGH COURT

 Determination of EPF contribution without identification of beneficiaries is unsustainable.
2019 LLR 1133
DELHI HIGH COURT

 EPF authority is empowered to compel the presence of the employer to ensure compliance of the Act.
2019 LLR 1159
MADHYA PRADESH HIGH COURT

 Filing appeal after 60 days will be subject to sufficient cause for condonation.
2019 LLR 1145
ALLAHABAD HIGH COURT

 Payment of EPF dues may be allowed to be paid in instalments considering the financial crisis.
2019 LLR 1156
KERALA HIGH COURT

 Review petition untenable in the absence of any palpable error.
2019 LLR 1157
MADHYA PRADESH HIGH COURT

 Money recovered in excess by EPF authority is refundable to the employer with compound interest.
2019 LLR 1163
PATNA HIGH COURT

 Recovery of money towards EPF dues without identification of beneficiaries is not justified.
2019 LLR 1163
PATNA HIGH COURT

 Delay in remittance of EPF dues when not by employer but bank, imposition of damages not tenable.
2019 LLR 1162
PATNA HIGH COURT

 For challenging an order of the EPF authority, the remedy is in the filing of an appeal and not writ petition.
2019 LLR 1161
MADHYA PRADESH HIGH COURT

 Showing leniency by EPF authority towards Government corporations is discriminatory.
2019 LLR 1159
MADHYA PRADESH HIGH COURT

 Delayed deposit of the misappropriated amount of EPF dues makes no ground for quashing of FIR.
2019 LLR 1166
PUNJAB AND HARYANA HIGH COURT

 An order violative of principles of natural justice is not sustainable.
2019 LLR 1142
DELHI HIGH COURT

 EPF authority is under obligation to consider objections by the employer to the show cause notice.
2019 LLR 1169
KARNATAKA HIGH COURT

 Definition of '˜employee' under Provident Fund Act differs from '˜workman' under the Industrial Disputes Act.
2019 LLR 1131
SUPREME COURT OF INDIA

 EPFA Tribunal is empowered to waive total pre-deposit amount on the admission of an appeal.
2019 LLR 1133
DELHI HIGH COURT

 Attaching bank account of the employer for recovery of EPF dues during the pendency of an appeal is untenable.
2019 LLR 1172
KARNATAKA HIGH COURT

 Identification of beneficiaries is imperative before assessing dues against the employer.
2019 LLR 1133
DELHI HIGH COURT

 Failure of efforts by the appellant for a stay of recovery would entitle EPF authority to recover dues.
2019 LLR 1170
KARNATAKA HIGH COURT

 Coercive action for recovery of EPF dues not proper when an application for its waiver is in the Tribunal.
2019 LLR 1172
KARNATAKA HIGH COURT

 High Court can also entertain a petition against the order of EPF authority being arbitrary.
2019 LLR 1173
KARNATAKA HIGH COURT

 Delay beyond prescribed limitation for appeal is condonable when order was not sent at incorrect address.
2019 LLR 1140
DELHI HIGH COURT