IMPORTANT JUDGEMENTS for December 2019

IMPORTANT JUDGEMENTS

 Compensation not reinstatement after three decades of litigation.
2018 LLR 1299
SUPREME COURT OF INDIA

 Termination illegal, if retrenchment compensation is not paid.
2018 LLR 1299
SUPREME COURT OF INDIA

 Removal of bank executive for financial irregularities is justified.
2019 LLR 1300
SUPREME COURT OF INDIA

 Denial of opportunity for defence untenable when the delinquent failed to avail the same.
2019 LLR 1300
SUPREME COURT OF INDIA

 Not permissible for employee to delay the enquiry proceedings.
2019 LLR 1300
SUPREME COURT OF INDIA

 Reinstatement with back wages is appropriate on illegal termination.
2019 LLR 1303
SUPREME COURT OF INDIA

 Ex-parte award justified on failing to participate in the proceedings.
2019 LLR 1303
SUPREME COURT OF INDIA

 Appeal untenable when award is supported with reasons.
2019 LLR 1303
SUPREME COURT OF INDIA

 Reinstatement of back wages appropriate on rejection of application for approval.
2019 LLR 1304
DELHI HIGH COURT

 No limitation for filing claim for gratuity within 30 days.
2019 LLR 1306
DELHI HIGH COURT

 Non rebuttal by employer, the allegations of employees will stand admitted
2019 LLR 1306
DELHI HIGH COURT

 Five-year service is to be counted in one and not in two entities for gratuity.
2019 LLR 1306
DELHI HIGH COURT

 Transfer as a punishment not tenable.
2019 LLR 1308
DELHI HIGH COURT

 Gratuity Act becomes applicable from the day when there are 10 or more employees.
2019 LLR 1312
KERALA HIGH COURT

 Gratuity Act is applicable even on a society.
2019 LLR 1312
KERALA HIGH COURT

 Temporary/casual employees will also be counted for Gratuity Act. Ker.
2019 LLR 1312
KERALA HIGH COURT

 Employer can lead fresh evidence if enquiry is vitiated by Labour Court.
2019 LLR 1315
PUNJAB AND HARYANA HIGH COURT

 Writ petition to be dismissed when filed after 3 years after implementing the award.
2019 LLR 1315
PUNJAB AND HARYANA HIGH COURT

 A plea not taken at the initial stage cannot be taken afterwards.
2019 LLR 1315
PUNJAB AND HARYANA HIGH COURT

 Service policy / rules cannot be applied with retrospective effect.
2019 LLR 1317
PUNJAB AND HARYANA HIGH COURT

 No back wages if employee is gainfully employed.
2019 LLR 1317
PUNJAB AND HARYANA HIGH COURT

 Failure of employer to prove charges, punishment would be untenable.
2019 LLR 1319
KARNATAKA HIGH COURT

 Exercising control and functional integrality in more than one establishment will justify its clubbing.
2019 LLR 1323
SUPREME COURT OF INDIA

 Similar nature of work in three establishments with functional integrality would justify its clubbing.
2019 LLR 1323
SUPREME COURT OF INDIA

 EPF authority is empowered to impose damages and interest for delayed payment of EPF dues.
2019 LLR 1323
SUPREME COURT OF INDIA

 Two units by one proprietor are likely to be clubbed for coverage.
2019 LLR 1323
SUPREME COURT OF INDIA

 Grievances of an employee be decided within reasonable period by speaking order.
2019 LLR 1331
PUNJAB AND HARYANA HIGH COURT

 Pre-deposit of admission of appeal can be reduced by Tribunal with supporting reasons.
2019 LLR 1332
MADRAS HIGH COURT

 Waiver applicable with appeal to be decided at first instance.
2019 LLR 1332
MADRAS HIGH COURT

 Entire amount payable on failure of to pay timely installment allowed.
2019 LLR 1332
MADRAS HIGH COURT

 Waiver of pre-deposit on facts of each appeal.
2019 LLR 1332
MADRAS HIGH COURT

 Entire amount payable on failure of to pay timely installment allowed.
2019 LLR 1334
MADRAS HIGH COURT

 Financial hardship justified to allow reinstatement of PF dues.
2019 LLR 1334
MADRAS HIGH COURT

 Appeal in Tribunal admissible only on pre-deposit of determined amount.
2019 LLR 1335
MADHYA PRADESH HIGH COURT

 Consumer Court can also entertain an applicable for non-payment of EPF dues.
2019 LLR 1336
MADHYA PRADESH HIGH COURT

 Employer is obliged to pay deposit both shares as per para 30 of the scheme.
2019 LLR 1336
MADHYA PRADESH HIGH COURT

 Ten-year service imperative for entitlement to pension.
2019 LLR 1338
MADHYA PRADESH HIGH COURT

 EPF authority must not fail to pay pension on completion of 10-year service.
2019 LLR 1338
MADHYA PRADESH HIGH COURT

 Entire amount payable on failure of to pay timely installment allowed.
2019 LLR 1340
KERALA HIGH COURT

 Financial hardship justified to allow reinstatement of PF dues.
2019 LLR 1340
KERALA HIGH COURT

 Date of birth can't be corrected in writ petition for enhancement of pension.
2019 LLR 1341
HIMACHAL PRADESH HIGH COURT

 EPF Act is welfare legislation hence grievance redressal must be expedited.
2019 LLR 1341
HIMACHAL PRADESH HIGH COURT

 Conflicting date of birth in family register and school leaving certificate to be decided by evidence.
2019 LLR 1341
HIMACHAL PRADESH HIGH COURT

 Limitation for filing an appeal is to be from the date of order.
2019 LLR 1342
KARNATAKA HIGH COURT

 Determination of EPF dues without prior notice is not sustainable.
2019 LLR 1344
DELHI HIGH COURT

 Determination of EPF dues for long duration of 25 years merely on show cause notice is not tenable.
2019 LLR 1344
DELHI HIGH COURT

 Defective determination on show cause notice to be reconsidered by EPF authority.
2019 LLR 1344
DELHI HIGH COURT

 A plea not taken in initial stage in enquiry cannot be taken later on.
2019 LLR 1344
DELHI HIGH COURT

 Reducing 50% pre deposit as ordered by Tribunal to 10% is justified.
2019 LLR 1344
DELHI HIGH COURT

 Defaulting employer must be imposed damages and interest for delayed payment.
2019 LLR 1346
KERALA HIGH COURT