IMPORTANT JUDGEMENTS for November 2017

IMPORTANT JUDGEMENTS

 EPF dues payable to the employees would get first priority.
2017 LLR 1226
SUPREME COURT OF INDIA

 Disposal of review application without hearing employer is to be set aside. and EPF Authority will pass reasoned order on review after hearing both sides.
2017 LLR 1224
GUJARAT HIGH COURT

 Independent franchisees would not be units for coverage of the Act. and Employees of franchises would not be treated as employees of the granter.
2017 LLR 1215
KERALA HIGH COURT

 Writ court can direct EPF authority to decide grievances within fixed time.
2017 LLR 1214
PUNJAB AND HARYANA HIGH COURT

 No relief to an intentional non participator before the trial court.
2017 LLR 1212
PUNJAB AND HARYANA HIGH COURT

 Applicability of the Act on establishment can't be challenged along with order u/s 7A. and Mere application for exemption would not confirm any benefit to establishment. and An order not challenged within prescribed limitation becomes final.
2017 LLR 1210
CALCUTTA HIGH COURT

 Attachment of bank account of employer can be lifted by the High Court.
2017 LLR 1209
CALCUTTA HIGH COURT

 Inordinate delay justifies dismissal of appeal against order under section 7A and 14B of the Act. and Delay of 60+60=120 days for filing appeal is not to be condoned.
2017 LLR 1208
CALCUTTA HIGH COURT

 Employer obliged only to contribute up to prescribed wage ceiling. and Revocation of exemption on establishment can be on justifiable reasons. and Excess contribution of prescribed ceiling can be reduced by employer. and Employer can opt more beneficial than EPF Scheme for employees.and Interest is to be paid by the EPF on failing to refund the access amount.
2017 LLR 1201
BOMBAY HIGH COURT

 Junior Engineer granting leave and assignment is not a 'workman'.
2017 LLR 1191
GUJARAT HIGH COURT

 Employees working in shops inside the hotel are not coverable under ESI.
2017 LLR 1180
MADRAS HIGH COURT

 Gratuity, leave salary or pension not to be attached in a decree.
2017 LLR 1178
MADRAS HIGH COURT

 Merely common entrance of two independent establishments not to be treated one for ESI coverage. and Clubbing of two independent establishments for coverage under ESI is not tenable.
2017 LLR 1176
MADRAS HIGH COURT

 Officer conducting enquiry under section 7A acts as a court. and Insult of public servant is punishable offence under section 228 of IPC. and Proceedings under section 7A are judicial by fiction.
2017 LLR 1199
SUPREME COURT OF INDIA

 Loss of confidence in an employee has to be pleaded/ proved for denial of reinstatement. and No straightjacket formula for reinstatement in every illegal termination. and Termination sans retrenchment compensation is illegal.
2017 LLR 1187
MADHYA PRADESH HIGH COURT

 TDS is not to be deducted on accident compensation.
2017 LLR 1172
ALLAHABAD HIGH COURT

 Dependents will get compensation on the death of contract workers in accident.
2017 LLR 1167
MADRAS HIGH COURT

 Appropriate government is not like a post office to refer every dispute.
2017 LLR 1158
MADRAS HIGH COURT

 No sympathy of court to an employer who delays the proceedings.
2017 LLR 1153
PATNA HIGH COURT

 Dismissal of a sleeping chowkidar on duty is justified.
2017 LLR 1150
GAUHATI HIGH COURT

 Legal proceedings can only be at the place of sexual harassment.
2017 LLR 1148
GAUHATI HIGH COURT

 Conductor is not guilty for ticketless passengers travelling on bus roof.
2017 LLR 1146
RAJASTHAN HIGH COURT

 Employer is obliged to pay gratuity on retirement of employee. and Appellate authority may condone delay of 32 years, but the claim to be decided by Controlling Authority.
2017 LLR 1143
MADHYA PRADESH HIGH COURT

 Writ court is not to interfere in show cause notice.
2017 LLR 1141
JHARKHAND HIGH COURT

 Reinstatement is not a mechanical relief on all termination. and Compensation is appropriate for raising dispute after three years of termination.
2017 LLR 1140
PUNJAB AND HARYANA HIGH COURT

 Unexplained delay of five years for raising dispute is not justified.
2017 LLR 1138
PUNJAB AND HARYANA HIGH COURT

 An Executive supervising one shift is not a 'workman'.
2017 LLR 1135
CALCUTTA HIGH COURT

 Strict rules of evidence are not applicable in conducting enquiries.
2017 LLR 1132
BOMBAY HIGH COURT

 Compensation is appropriate on termination of a part-time sweeper.
2017 LLR 1129
DELHI HIGH COURT

 Interim relief to workman in a dispute for regularisation is not proper.
2017 LLR 1128
DELHI HIGH COURT

 ESI contribution is payable on interim relief also.
2017 LLR 1121
SUPREME COURT OF INDIA