IMPORTANT JUDGEMENTS for November 2020

IMPORTANT JUDGEMENTS

 Habitual absence coupled with misappropriation will justify dismissal of a workman.
2020 LLR 931
MADRAS HIGH COURT

 An employer is liable to reimburse treatment expenditure of an employee injured in accident.
2020 LLR 926
KERALA HIGH COURT

 Termination of a workman without enquiry will justify reinstatement with back wages.
2020 LLR 944
ALLAHABAD HIGH COURT

 Non-denial of any plea/document would amount to admission.
2020 LLR 943
KARNATAKA HIGH COURT

 ESI card proves employment of worker of employer.
2020 LLR 919
DELHI HIGH COURT

 Back wages only when workman pleads unemployment.
2020 LLR 938
RAJASTHAN HIGH COURT

 Limitation not applicable for claiming gratuity.
2020 LLR 964
KARNATAKA HIGH COURT

 Past record of delinquent employee will be a factor for imposing punishment.
2020 LLR 953
DELHI HIGH COURT

 Back wages in all cases of illegal termination are not mandatory.
2020 LLR 953
DELHI HIGH COURT

 Strict compliance of Evidence Act not essential in inquires.
2020 LLR 944
ALLAHABAD HIGH COURT

 Lengthy period of litigation not a ground for denial of back wages.
2020 LLR 917
DELHI HIGH COURT

 Back wages on reinstatement untenable if workman intentionally prolongs litigation.
2020 LLR 917
DELHI HIGH COURT

 Breaking the boulder into chips is manufacturing process covered by Factories Act.
2020 LLR 922
JHARKHAND HIGH COURT

 Forfeiture of gratuity only on termination for misconducts under section 4(6) of Gratuity Act.
2020 LLR 941
UTTARAKHAND HIGH COURT

 Labour Court has to give reason(s) on modification of punishment imposed by employer.
2020 LLR 931
MADRAS HIGH COURT

 Threatening superior for reporting to CBI and newspapers amounts to misconduct.
2020 LLR 953
DELHI HIGH COURT

 Running a factory without registration is an offence.
2020 LLR 922
JHARKHAND HIGH COURT

 Penalty for late payment of accident compensation only when pleaded by claimants.
2020 LLR 969
CHATTISGARH HIGH COURT

 It is for employer to prove gainful employment of workman.
2020 LLR 938
RAJASTHAN HIGH COURT

 Modifying punishment to a workman mechanically by Labour Court not justified.
2020 LLR 931
MADRAS HIGH COURT

 Appellate Authority not empowered under Gratuity Act to condone delay of filing appeal beyond 120 days.
2020 LLR 964
KARNATAKA HIGH COURT

 Appeal against Employees'' Insurance Court only on substantial question of law.
2020 LLR 966
KARNATAKA HIGH COURT

 Managing Director can''t be prosecuted for violation of CLRA Act when on inspection he was not holding that position.
2020 LLR 993
MADRAS HIGH COURT

 Unauthorised absence justifies dismissal.
2020 LLR 1003
MADRAS HIGH COURT

 No legal right to be posted at one place by an employee holding transferable post.
2020 LLR 985
KERALA HIGH COURT

 Senior section officer without supervising the work of others will be a workman.
2020 LLR 1008
JHARKHAND HIGH COURT

 Delayed deposit of ESI contributions when explained no damages can be levied.
2020 LLR 996
MADRAS HIGH COURT

 Suspension should not be actuated with malafide.
2020 LLR 976
CALCUTTA HIGH COURT

 A plea not taken in enquiry can''t be tenable.
2020 LLR 999
PATNA HIGH COURT

 Compensation in lieu of reinstatement justified when establishment has been closed.
2020 LLR 1003
MADRAS HIGH COURT

 Transfer of an employee can be interfered by a Court if it is malafid.
2020 LLR 985
KERALA HIGH COURT

 Back wages on illegal termination are not a rule.
2020 LLR 1008
JHARKHAND HIGH COURT

 Industrial Adjudicator has no jurisdiction to re-assess the evidence.
2020 LLR 1018
MADHYA PRADESH HIGH COURT

 Enquiry vitiated when suspension allowance is not paid.
2020 LLR 976
CALCUTTA HIGH COURT

 Impersonation justified dismissal from service.
2020 LLR 999
PATNA HIGH COURT

 Holding of enquiry essential on termination.
2020 LLR 1003
MADRAS HIGH COURT

 Reinstatement not automatic in every illegal termination.
2020 LLR 988
MADHYA PRADESH HIGH COURT

 Family difficulties is no ground to stall a valid transfer.
2020 LLR 981
KERALA HIGH COURT

 Interest on delayed payment of gratuity from the date of claim by an employer.
2020 LLR 991
MADHYA PRADESH HIGH COURT

 Notice of enquiry can''t be challenged in High Court.
2020 LLR 994
MADRAS HIGH COURT

 Criminal complaint for violation of CLRA Act will not lie against a director after he has resigned.
2020 LLR 993
MADRAS HIGH COURT

 Suspension of an employee to be guilty of sexual harassment untenable when made before receipt of inquiry report.
2020 LLR 980
GAUHATI HIGH COURT

 Reinstatement justified on illegal termination of services.
2020 LLR 1003
MADRAS HIGH COURT

 Absence of employer-employee relation would justify rejection of claim for accident compensation.
2020 LLR 1002
TRIPURA HIGH COURT

 Part time safaikaramchari is also covered by Provident Funds & MP Act.
2020 LLR 1026
ALLAHABAD HIGH COURT

 Failure to constitute a Trust is contravention by an exempted establishment.
2020 LLR 1030
CALCUTTA HIGH COURT

 Delayed remittance of EPF dues attracts damages, interest and even prosecution.
2020 LLR 1033
JHARKHAND HIGH COURT

 After remarriage of widow, child is entitled to orphan pension.
2020 LLR 1051
KERALA HIGH COURT

 Appeal against levy of interest is not tenable.
2020 LLR 1054
KERALA HIGH COURT

 Recovery of PF dues during pendency of appeal is not tenable.
2020 LLR 1064
MADRAS HIGH COURT

 Appeal filed beyond limitation is time barred.
2020 LLR 1066
RAJASTHAN HIGH COURT

 Recovery by EPF Authority is not sustainable when order u/s 7A of Act is not served.
2020 LLR 1065
MADRAS HIGH COURT

 International worker not coverable beyond 58 years of his age.
2020 LLR 1023
DELHI HIGH COURT

 Any person employed directly or through a contractor is an employee is to be covered under the Act.
2020 LLR 1033
JHARKHAND HIGH COURT

 Pension shall be payable even beyond age of 25 years to a disabled child.
2020 LLR 1051
KERALA HIGH COURT

 Employees can opt to deposit higher share of contributions.
2020 LLR 1040
KERALA HIGH COURT

 Imposition of damages is not mandated in each and every case of belated remittance.
2020 LLR 1041
KERALA HIGH COURT

 EPF Act ensures benefits to the employees.
2020 LLR 1030
CALCUTTA HIGH COURT

 Principal employer is liable to extend all statutory benefits to an employee.
2020 LLR 1033
JHARKHAND HIGH COURT

 Levy of interest on delayed deposit is to compensate the employees.
2020 LLR 1037
KERALA HIGH COURT

 EPF Appellate Authority is empowered to reduce damages.
2020 LLR 1041
KERALA HIGH COURT

 Levy of interest is automatic and absence of mens rea is no defence.
2020 LLR 1045
KERALA HIGH COURT

 Transferor and transferee are jointly and severally liable for default in deposit of PF dues.
2020 LLR 1056
MADRAS HIGH COURT

 Tribunal is empowered to condone delay for an extended period of 60 days for filing appeal.
2020 LLR 1061
MADRAS HIGH COURT

 Limitation for filing appeal is to be counted from date of service or knowledge of order.
2020 LLR 1065
MADRAS HIGH COURT

 Courts cannot amend or supplement the language of statute.
2020 LLR 1066
RAJASTHAN HIGH COURT

 Transferring of an employee is a prerogative of employer.
2020 LLR 985
KERALA HIGH COURT

 Mens rea is imperative on imposing damages for delayed payment of PF dues.
2020 LLR 1076
KERALA HIGH COURT

 Obligation for coverage upto Rs.15,000 per month, only if the salary being paid exceeds.
2020 LLR 1072
MADRAS HIGH COURT

 An ex-parte order is liable to be set aside considering the facts of the case.
2020 LLR 1086
DELHI HIGH COURT

 Employer cannot restrict only to contribution alone on the arrears of wages since employees have legal right to obtain interest also.
2020 LLR 1037
KERALA HIGH COURT

 Any delay in payment of contributions causes loss to beneficiaries hence no leniency for its recovery.
2020 LLR 1054
KERALA HIGH COURT

 Limitation for filing appeal starts from the date on which the order was communicated to party concerned or the parties knew about pronouncement.
2020 LLR 1061
MADRAS HIGH COURT

 Tribunal can waive or reduce damages for delayed deposit of PF dues with supporting reasons.
2020 LLR 1076
KERALA HIGH COURT

 Absence of employer-employee relations would not justify to hold employer liable for payment of dues.
2020 LLR 1081
KARNATAKA HIGH COURT

 International workers are covered in the absence of SSA between India and his country.
2020 LLR 1072
MADRAS HIGH COURT

 An employee is entitled to enhancement in pension in terms of Proviso to clause 11(3) of Pension Scheme.
2020 LLR 1074
MADRAS HIGH COURT

 Non-submission of objection/defence by the employer due to ill health of the Managing Partner is a justified ground.
2020 LLR 1086
DELHI HIGH COURT

 No employer can escape from its legal liability for payment of PF contributions.
2020 LLR 1030
CALCUTTA HIGH COURT

 An international worker will be covered even when he worked for a short period.
2020 LLR 1023
DELHI HIGH COURT

 For levy of interest for delayed deposit of EPF dues hence no need for establishing mens rea on the part of employer.
2020 LLR 1037
KERALA HIGH COURT

 Whole salary but not Rs.15,000 per month of an international worker would attract PF contribution.
2020 LLR 1072
MADRAS HIGH COURT

 No interference by High Court when Tribunal has given justifiable reasons.
2020 LLR 1041
KERALA HIGH COURT

 Employer can''t escape to pay interest on delayed payment of arrears of provident fund.
2020 LLR 1045
KERALA HIGH COURT

 After death of employee being member of Employees'' Pension Scheme, his widow is entitled to widow pension.
2020 LLR 1051
KERALA HIGH COURT

 Monthly installments can be allowed on Considering severe financial crisis being faced by the employer.
2020 LLR 1054
KERALA HIGH COURT

 Transferee of an establishment with arrears of PF dues can''t escape the liability.
2020 LLR 1056
MADRAS HIGH COURT

 Any order passed under the misconception is not sustainable.
2020 LLR 1064
MADRAS HIGH COURT