IMPORTANT JUDGEMENTS for November 2019

IMPORTANT JUDGEMENTS

 Acquittal in Criminal Court does not preclude departmental inquiry against delinquent.
2019 LLR 1181
SUPREME COURT OF INDIA

 Disciplinary Authority is not bound by a criminal court judgment.
2019 LLR 1181
SUPREME COURT OF INDIA

 Departmental proceedings and criminal trial can proceed simultaneously.
2019 LLR 1181
SUPREME COURT OF INDIA

 Any party aggrieved by authority under ESI can seek redressal in the higher Forum.
2019 LLR 1184
DELHI HIGH COURT

 Reinstatement with back wages is a rule on wrongful termination.
2019 LLR 1186
DELHI HIGH COURT

 Termination for loss of confidence justified when workman has confessed misappropriation.
2019 LLR 1189
DELHI HIGH COURT

 Reinstatement of an employee guilty of misappropriation liable to be set aside.
2019 LLR 1189
DELHI HIGH COURT

 An employer not to hold an enquiry in misconduct resulting in '˜loss of confidence'.
2019 LLR 1189
DELHI HIGH COURT

 Termination of services of a workman without conducting the proper enquiry is illegal.
2019 LLR 1191
DELHI HIGH COURT

 Ex-parte award even after its publication can be set aside on sufficient cause.
2019 LLR 1195
DELHI HIGH COURT

 Conciliation Officer under ID Act has limited powers for settlement of a dispute.
2019 LLR 1197
MADRAS HIGH COURT

 Termination of a habitual absentee is justified.
2019 LLR 1199
MADRAS HIGH COURT

 Prosecution for violation of Factories Act without considering a reply to show notice is liable to be quashed.
2019 LLR 1203
MADRAS HIGH COURT

 Employer has to seek permission for a fresh opportunity to lead evidence.
2019 LLR 1207
PUNJAB AND HARYANA HIGH COURT

 It is for the employer to prove that the workman has abandoned the job.
2019 LLR 1209
PUNJAB AND HARYANA HIGH COURT

 Abandonment of job can't be presumed without holding of enquiry.
2019 LLR 1209
PUNJAB AND HARYANA HIGH COURT

 Termination of service of a workman would be illegal if based on a criminal case.
2019 LLR 1213
MADHYA PRADESH HIGH COURT

 Prosecution of employer untenable when the workman met an accident because of his own negligence.
2019 LLR 1215
KARNATAKA HIGH COURT

 Compensation, in lieu of restatement, depends upon the length of service, wages, and age of workman.
2019 LLR 1217
KARNATAKA HIGH COURT

 Misappropriation, if not proved, dismissal from service not justified.
2019 LLR 1223
DELHI HIGH COURT

 Full back wages appropriate when employee is exonerated for misconduct.
2019 LLR 1223
DELHI HIGH COURT

 Upward increase in wages depends upon the profitability of an individual unit.
2019 LLR 1226
KARNATAKA HIGH COURT

 Regional Sales Office is not to be covered as the '˜factory'.
2019 LLR 1230
MADRAS HIGH COURT

 Death due to stress and strain of work will be treated as an '˜accident' for compensation.
2019 LLR 1232
MADRAS HIGH COURT

 Merely because of the purchase of a new product, the establishment cannot be said to be a new one.
2019 LLR 1241
SUPREME COURT OF INDIA

 Non-supply of a copy of the report of Enforcement Officer to employer is not fatal if no prejudice is caused.
2019 LLR 1244
ALLAHABAD HIGH COURT

 Delayed deposit of EPF dues would attract the statutory rate of interest.
2019 LLR 1244
ALLAHABAD HIGH COURT

 EPF Authority may be restrained from giving further effect to recovery if already remitted by the petitioner.
2019 LLR 1247
CALCUTTA HIGH COURT

 Depositing EPF dues after lodging of complaint, the defaulting employer cannot be exonerated.
2019 LLR 1249
CALCUTTA HIGH COURT

 Penal code does not contain any provision for attaching vicarious liability on the Directors of the Company.
2019 LLR 1249
CALCUTTA HIGH COURT

 Director is not employer/owner within meaning of section 405 of the Penal Code.
2019 LLR 1249
CALCUTTA HIGH COURT

 Wages to workers of contactor if being paid by the principal employer, the latter will be treated as an employer.
2019 LLR 1254
DELHI HIGH COURT

 Employees of the contractor to be treated as employed by the principal employer when the contract between parties is held to be sham.
2019 LLR 1254
DELHI HIGH COURT

 High Court not to admit writ when appropriate remedy is available be u/s 7-A of the Act.
2019 LLR 1256
JHARKHAND HIGH COURT

 Remedy for challenging levy of damages for delayed payment is u/s 7-A and not a writ petition.
2019 LLR 1257
JHARKHAND HIGH COURT

 General Insurance and Life Insurance are separate genres of insurance business.
2019 LLR 1257
JHARKHAND HIGH COURT

 EPF contribution can be allowed to be paid in instalments in certain conditions.
2019 LLR 1258
KERALA HIGH COURT

 When the employer is financially sick, payment of EPF dues may be in instalments.
2019 LLR 1265
MADRAS HIGH COURT

 Cut-off date for higher pension prescribed as 01.12.2004 is invalid.
2019 LLR 1267
MADRAS HIGH COURT

 Employees of exempted establishments are also entitled to the enhanced pension.
2019 LLR 1267
MADRAS HIGH COURT

 Reasons have to be given by Tribunal for waiver or reducing pre-deposit on admission of appeal.
2019 LLR 1269
MADRAS HIGH COURT

 Section 14-B of the Act does not mandate that damages must follow in every default
2019 LLR 1271
MADRAS HIGH COURT

 An order passed in violation of principles of natural justice is not sustainable.
2019 LLR 1274
KERALA HIGH COURT

 LIC is not to be covered under Employees Provident Funds and Miscellaneous Provisions Act, 1952 since it is not engaged in general business.
2019 LLR 1275
ALLAHABAD HIGH COURT

 Amount of pre-deposit of 75% may be waived off or reduced to any extent by considering facts and circumstances.
2019 LLR 1277
ALLAHABAD HIGH COURT

 Plea of non-identification of beneficiaries before EPF authority not appropriate when petitioner did not produce its records.
2019 LLR 1286
BOMBAY HIGH COURT

 Filing appeal after 60 days only when there are justifiable reasons for the delay.
2019 LLR 1286
BOMBAY HIGH COURT

 EPF dues of defaulting employer are recoverable from the third party if it holds money of defaulting employer.
2019 LLR 1291
DELHI HIGH COURT

 EPF Authority has no power to determine as to who are the debtors of defaulting employer.
2019 LLR 1291
DELHI HIGH COURT