IMPORTANT JUDGEMENTS for December 2018

IMPORTANT JUDGEMENTS

 No reinstatement to a casual employee who worked only for one year.
2018 LLR 1285
SUPREME COURT OF INDIA

 Last drawn wages appropriate when employer failed to prove gainful employment of workman.
2018 LLR 1285
SUPREME COURT OF INDIA

 Compensation in lieu of reinstatement appropriate a casual workman who worked for short period.
2018 LLR 1285
SUPREME COURT OF INDIA

 Transfer of complainant under POSH Act justified to protect her from harassment.
2018 LLR 1286
PUNJAB AND HARYANA HIGH COURT

 Enquiry under POSH Act to be vitiated when proper Internal Committee is not constituted.
2018 LLR 1286
PUNJAB AND HARYANA HIGH COURT

 A school employee can challenge his termination only in School Tribunal.
2018 LLR 1288
PUNJAB AND HARYANA HIGH COURT

 An employee can seek relief only in the prescribed forum.
2018 LLR 1288
PUNJAB AND HARYANA HIGH COURT

 Reinstatement is proper when enquiry against the workman is vitiated.
2018 LLR 1289
ALLAHABAD HIGH COURT

 Labour Court not to hold a fresh enquiry when it was not prayed for.
2018 LLR 1289
ALLAHABAD HIGH COURT

 Failure of witness to support his earlier version would vitiate the enquiry.
2018 LLR 1289
ALLAHABAD HIGH COURT

 Workers of contractor can also raise industrial dispute for their regularization.
2018 LLR 1291
CALCUTTA HIGH COURT

 Denial to refer a dispute of contractors' workers not proper since the government cannot adjudicate.
2018 LLR 1291
CALCUTTA HIGH COURT

 Extended maternity benefits not available after completion of contractual employment.
2018 LLR 1293
DELHI HIGH COURT

 Retired employee is not a 'śworkman' under Industrial Disputes Act.
2018 LLR 1294
KARNATAKA HIGH COURT

 Claim by workmen when rebutted by employer, not be tenable under S.33-C(2) of the I.D. Act.
2018 LLR 1294
KARNATAKA HIGH COURT

 Pendency of application seeking exemption cannot stall applicability of the ESI Act.
2018 LLR 1296
KARNATAKA HIGH COURT

 High Court not to interfere with reasoned order by Employees Insurance Court.
2018 LLR 1296
KARNATAKA HIGH COURT

 Architects firm, performing work of professional nature, not covered under ESI Act.
2018 LLR 1298
MADRAS HIGH COURT

 Resignation held to be proper if workman did not deny her signature upon it.
2018 LLR 1301
MADRAS HIGH COURT

 An employee, having resigned voluntarily, cannot later on contend illegal termination.
2018 LLR 1301
MADRAS HIGH COURT

 Last drawn wages during pendency of proceedings in High Court to those who prove their unemployment.
2018 LLR 1301
MADRAS HIGH COURT

 Levy of damages for delayed deposit without hearing the employer is liable to be quashed.
2018 LLR 1306
CALCUTTA HIGH COURT

 Imposition of damages for delayed remittance to be quashed in the absence of supporting reasons.
2018 LLR 1306
CALCUTTA HIGH COURT

 In the absence of speaking order for levy of damages, High Court directed for re-examination with reasons.
2018 LLR 1306
CALCUTTA HIGH COURT

 An employer cannot withhold EPF contributions since damages would be attracted.
2018 LLR 1308
CALCUTTA HIGH COURT

 EPF Authority can make recovery of dues in the absence of stay.
2018 LLR 1309
CALCUTTA HIGH COURT

 Writ petition without exhausting alternate remedy of statutory appeal against the order of the EPF Authority is not maintainable.
2018 LLR 1309
CALCUTTA HIGH COURT

 Compliance of section 7-O of Act cannot automatically amount to restraint on EPF Authority for recovery of dues.
2018 LLR 1309
CALCUTTA HIGH COURT

 Writ petition against the order of EPFA Tribunal untenable in the absence of pre-deposit as directed.
2018 LLR 1311
DELHI HIGH COURT

 Challenging summons issued by Judicial Magistrate is not sustainable sans strong grounds.
2018 LLR 1312
PUNJAB AND HARYANA HIGH COURT

 Normally no writ tenable to stall enquiry under section 7-A of the Act.
2018 LLR 1315
MADRAS HIGH COURT

 Notice may be challenged in High Court when without jurisdiction or with malafide intention.
2018 LLR 1315
MADRAS HIGH COURT

 Notice for enquiry under section 7-A can't be challenged in writ petition.
2018 LLR 1315
MADRAS HIGH COURT

 Interim order of stay is generally a temporary arrangement to preserve the status quo till the matter is decided finally.
2018 LLR 1319
CALCUTTA HIGH COURT

 No straight jacket formula for grant of interim stay since it depends upon facts of each case.
2018 LLR 1319
CALCUTTA HIGH COURT

 Writ petition is untenableif statutory remedy of appeal is not exhausted.
2018 LLR 1320
JHARKHAND HIGH COURT

 Writ petition is maintainable if the office of Tribunal is lying vacant.
2018 LLR 1321
MADRAS HIGH COURT

 Insisting the natural guardian for production of guardianship certificate for disbursing EPF dues, is not proper.
2018 LLR 1322
MADRAS HIGH COURT

 Non-consideration of mitigating circumstances by Authority to impose penalty/interest is not proper.
2018 LLR 1323
DELHI HIGH COURT

 Documents not produced before EPF Authority or High Court, not admissible in review application.
2018 LLR 1328
PATNA HIGH COURT

 Dismissal of writ appeal on the ground of unexplained delay of 967 days is justified.
2018 LLR 1328
PATNA HIGH COURT

 Writ Court may also grant relief to a party who failed in respect of pre-deposit, despite bona fide efforts.
2018 LLR 1329
DELHI HIGH COURT

 Seeking a remedy by way of writ petition in respect of matter pending before EPFA Tribunal is not maintainable.
2018 LLR 1331
DELHI HIGH COURT