IMPORTANT JUDGEMENTS for December 2017

IMPORTANT JUDGEMENTS

 Attachment of bank account without hearing of employer is liable to be quashed. and Non-issuing of mandatory notice is high-handedness of the EPF Authority.
2017 LLR 1277
KARNATAKA HIGH COURT

 Instalments facility can be allowed for payment of EPF dues.
2017 LLR 1276
CALCUTTA HIGH COURT

 Financial difficulties are no grounds to justify delayed EPF remittance.
2017 LLR 1275
PUNJAB AND HARYANA HIGH COURT

 Serious sickness of wife is a genuine and sufficient cause to justify the non-appearance of a party. and Non-providing proper opportunity of hearing is against the principles of natural justice. and Whenever a quasi-judicial authority has acted without jurisdiction, the Writ can set aside.
2017 LLR 1271
ORISSA HIGH COURT

 No relief can be granted by court in the absence of any such prayer. and Seeking new relief in writ petition is not admissible.
2017 LLR 1270
MADHYA PRADESH HIGH COURT

 Divorcee can’t be permitted to continue as ‘nominee’ of the deceased husband. and Courts are to aid the aggrieved persons to render justice by taking away the technicalities of law. and Employees’ Provident Funds legislation is to provide welfare to the employees. and If first wife is divorced, the second wife would be entitled to be nominee.
2017 LLR 1268
KERALA HIGH COURT

 Writ petition not tenable when due opportunity for hearing was given to employer. and Delayed filing of writ petition challenging EPF dues rightly dismissed. and Non-providing fund to the Municipality by the Government is no ground to escape from liability of EPF dues. and No mitigation for pleading that hereinafter the payment will be made in time.
2017 LLR 1266
CALCUTTA HIGH COURT

 Two simultaneous proceedings in EPF Tribunal and Writ Court) are not maintainable. and Attachment of bank account is to be lifted for payment of puja bonus. and An appeal, filed before EPF Tribunal, cannot be withdrawn if Presiding Judge is not available.
2017 LLR 1265
CALCUTTA HIGH COURT

 Delayed payment of pension and salary not justified.
2017 LLR 1264
ALLAHABAD HIGH COURT

 Denial of back-wages on reinstatement is not a rule of thumb. and Principle of “no-work, no-pay” shall not apply when the workman was not at fault.
2017 LLR 1260
CALCUTTA HIGH COURT

 Plea of delay of raising of dispute be should be taken before labour authorities. and Labour Court/Tribunal will adjudicate only the terms of reference of a dispute.
2017 LLR 1256
HIMACHAL PRADESH HIGH COURT

 Retrenchment sans compensation renders termination illegal. and Full back-wages on reinstatement payable when gainful employment of workman is not proved.
2017 LLR 1254
JHARKHAND HIGH COURT

 51 days wages rightly allowed under Minimum Wages Act when the claimants have worked for all 365 days. and Compensation and difference of minimum wages is properly allowed by the authority under Minimum Wages Act. and Contract labour must be paid their wages in presence of principal employer.
2017 LLR 1252
JHARKHAND HIGH COURT

 Prosecution for non-implantation of award is untenable when workman was reinstated.
2017 LLR 1251
MADHYA PRADESH HIGH COURT

 Reinstatement of a workman guilty of abusing, showing his chappals and threatening his senior is to be quashed. and Back-wages with reinstatement to a workman guilty of misconducts is to be vitiated.
2017 LLR 1247
ORISSA HIGH COURT

 Denial of approval for dismissal by Tribunal is not proper when workman was provided opportunity in enquiry.
2017 LLR 1245
ORISSA HIGH COURT

 Impleading of contactor is necessary for claiming wages from principal employer. and Writ petition not tenable pertaining to disputed facts. and Writ petition, without exhausting alternate remedy, is not maintainable.
2017 LLR 1240
GUJARAT HIGH COURT

 Opportunity for hearing is imperative before imposition of punishment. and Disciplinary authority must issue show cause notice to a workman with proposed punishment after conclusion of enquiry.
2017 LLR 1239
ALLAHABAD HIGH COURT

 Mere residence of petitioner is not sufficient to approach the Madras Court for disburse his PF dues. and Writ petition is to be dismissed without territorial jurisdiction. and Unless a part of cause of action arose within the territory of the Court, it cannot be clothed with territorial jurisdiction.
2017 LLR 1238
MADRAS HIGH COURT

 Even if contract of apprenticeship not signed an apprentice will not become a workman. and An apprentice engaged under Apprentices Act, 1961 will not be a 'workman'.
2017 LLR 1236
GUJARAT HIGH COURT

 Insurer, not the insured is liable to pay accident compensation to claimants.
2017 LLR 1234
DELHI HIGH COURT

 Evidence of passengers is imperative in an enquiry against conductor for not issuing tickets.
2017 LLR 1233
SUPREME COURT OF INDIA