IMPORTANT JUDGEMENTS for December 2013

IMPORTANT JUDGEMENTS

 Termination by Appellate authority not legal since the right to appeal will be defeated
2013 LLR 1233
SUPREME COURT OF INDIA

 Forfeiture of gratuity justified only to the extent of loss caused to the employer.
2013 LLR 1237
DELHI HIGH COURT

 Common maintenance of accounts will not mean that the establishment is not independent for ESI Act.
2013 LLR 1238
BOMBAY HIGH COURT

 Regional Provident Fund Commissioner is not empowered to reduce damages for late deposit of contributions.
2013 LLR 1239
BOMBAY HIGH COURT

 Allowances which were to be reimbursed while on duty will not be available after cancellation of suspension.
2013 LLR 1241
BOMBAY HIGH COURT

 Mere common telephone and Accountant will not justify the clubbing of establishments for coverage under Provident Fund Act.
2013 LLR 1243
ALLAHABAD HIGH COURT

 Dominant test to club three different establishments for coverage under the EPF Act is the financial integrality.
2013 LLR 1243
ALLAHABAD HIGH COURT

 Mere withdrawal of provident fund will not justify validity of involuntary resignation.
2013 LLR 1247
CALCUTTA HIGH COURT

 Resignation under coercion, as promptly reported by employee, will not be construed as voluntary.
2013 LLR 1247
CALCUTTA HIGH COURT

 Reinstatement alongwith back-wages appropriate when removal was based upon conviction.
2013 LLR 1248
MADRAS HIGH COURT

 Back-wages, on reinstatement, are not automatic.
2013 LLR 1250
MADRAS HIGH COURT

 Back-wages not payable to a worker not able to work due to illness.
2013 LLR 1250
MADRAS HIGH COURT

 Right to appeal cannot be curtailed by attachment proceedings by EPF Authority.
2013 LLR 1251
MADRAS HIGH COURT

 Determining the amounts due from employer would become effective only on expiry of 60 days under EPF Act.
2013 LLR 1251
MADRAS HIGH COURT

 Allowing claim for overtime to an employee, when supported with reasons, not to be interfered
2013 LLR 1253
MADRAS HIGH COURT

 EPF contributions for unidentified employees not payable.
2013 LLR 1254
PATNA HIGH COURT

 Recovery of Provident Fund contributions made by unidentifiable persons is to be refunded.
2013 LLR 1254
PATNA HIGH COURT

 Gratuity can''t be forfeited merely for not handing over library books.
2013 LLR 1256
GUJARAT HIGH COURT

 Person incharge of business, not the employer, can be prosecuted for violation under Provident Fund Act.
2013 LLR 1258
KARNATAKA HIGH COURT

 Prosecution under Factories Act to be quashed when the deceased suffered injuries due to his own negligence. 
2013 LLR 1259
KARNATAKA HIGH COURT

 Reinstated worker must be provided his job.
2013 LLR 1262
PUNJAB AND HARYANA HIGH COURT

 Wages payable if employer declines to provide work to the worker.
2013 LLR 1262
PUNJAB AND HARYANA HIGH COURT

 Regularization is justified on fulfiling prescribed conditions.
2013 LLR 1262
PUNJAB AND HARYANA HIGH COURT

 Training period to be counted for calculation of gratuity.
2013 LLR 1264
CALCUTTA HIGH COURT

 Denial of suspension allowance for not marking attendance improper when entry was prohibited.
2013 LLR 1266
JHARKHAND HIGH COURT

 An employee can''t be absconder merely because for registration of a criminal case.
2013 LLR 1266
JHARKHAND HIGH COURT

 Dismissal for unauthorized absence without enquiry to be set aside.
2013 LLR 1268
MADRAS HIGH COURT

 Imposition of punishment, without enquiry, to be set aside.
2013 LLR 1268
MADRAS HIGH COURT

 Holding enquiry becomes imperative when charges are rebutted by delinquent.
2013 LLR 1268
MADRAS HIGH COURT

 Compensation justified on death due to injuries arising out of and during the employment.
2013 LLR 1270
MADRAS HIGH COURT

 Interest is not appropriate for delayed EPF contribution when code was not allotted
2013 LLR 1273
GUJARAT HIGH COURT

 Permission for dismissal of a ''protected workman'', during pendency of an industrial dispute, is must.
2013 LLR 1274
DELHI HIGH COURT

 Dismissal of a protected workman, without permission, is to be set aside.
2013 LLR 1274
DELHI HIGH COURT

 Reinstatement appropriate on non-compliance of 33(2)(b) or 33(3) of ID Act.
2013 LLR 1274
DELHI HIGH COURT

 Section 33A of ID Act protects the interest of the workmen.
2013 LLR 1274
DELHI HIGH COURT

 A member of ESI can seek reimbursement of his medical bills through Insurance Court.
2014 LLR 1279
DELHI HIGH COURT

 Mere letters to ESI''s will not provide extension from three year limitation period.
2014 LLR 1279
DELHI HIGH COURT

 Limitation Act not permits extension when remedy pursued on wrong forum.
2014 LLR 1279
DELHI HIGH COURT