IMPORTANT JUDGEMENTS for February 2017

IMPORTANT JUDGEMENTS

 Reinstatement with back wages appropriate without holding enquiry. and Enquiry is imperative to terminate even a temporary employee.
2017 LLR 218
RAJASTHAN HIGH COURT

 Enhancing of retirement age by certifying authority without any financial burden on employer is not illegal.
2017 LLR 213
KARNATAKA HIGH COURT

 Transfer of an employee not by competent authority is rightly quashed.
2017 LLR 212
GAUHATI HIGH COURT

 Misappropriation, small or large, by an employee must be dealt with iron hand.
2017 LLR 210
BOMBAY HIGH COURT

 EPF Tribunal may waive or reduce the amount to be pre-deposited for an appeal. and An appeal against S.7A order without pre-deposit is not tenable. and Seeking blanket stay on admission of an appeal is not justified. and A Writ petition can be admitted against EPF authority in the interest of justice.
2017 LLR 205
BOMBAY HIGH COURT

 Punishment imposed for driving bus under influence of liquor is rightly upheld.
2017 LLR 204
BOMBAY HIGH COURT

 Enquiry will be vitiated when the authority who issued charge-sheet also held it. and Termination is a must for forfeiture of gratuity for the prescribed misconduct(s).
2017 LLR 200
SUPREME COURT OF INDIA

 Petition rightly dismissed by Employees' Insurance Court if employer fails to deposit the amount as directed.
2017 LLR 199
RAJASTHAN HIGH COURT

 Investigation report cannot be a substitute of enquiry of a misconduct. and Regular enquiry has to be held for workman's misconduct before dismissal.
2017 LLR 198
PUNJAB AND HARYANA HIGH COURT

 Identification of beneficiaries' imperative on determination of money. and Identification of beneficiaries' imperative on determination of money. and EPF authority is not a taxing one since dues are for the welfare of employees.
2017 LLR 197
PATNA HIGH COURT

 EPF authority must ensure whether the delayed payment of dues is wilful default or mere negligence. and Reasons for delayed payment must be considered while levying damages. and Levy of damages for delayed payment should not be in mechanical manner. and Determination of damages under the Act is not an inflexible application.
2017 LLR 190
KERALA HIGH COURT

 Power of review is to be strictly conformed by exercising authority. and An order on review petition without notice to parties is not sustainable.
2017 LLR 188
JHARKHAND HIGH COURT

 Authority under Payment of Wages Act can to attach the property of defaulting employer.
2017 LLR 186
GUJARAT HIGH COURT

 For the failure to explain the pattern of its fund investment, does not mean that employer has defaulted.
2017 LLR 182
CALCUTTA HIGH COURT

 Prosecution of directors not impleading Company as an accused, is untenable.
2017 LLR 174
CALCUTTA HIGH COURT

 Interest must be paid on delayed payment of gratuity.
2017 LLR 172
ALLAHABAD HIGH COURT

 Appellate Tribunal cannot pass a conditional order on application for stay under section 14-B and 7-Q of the Act. and There is distinction between levy of damages in delayed payment of dues and interest thereon. and Pre-deposit for acceptance of admission of appeal not imperative on an order under section 7Q of 14B of the Act.
2017 LLR 184
DELHI HIGH COURT

 A cryptic order by EPF Appellate Tribunal is liable to be quashed.
2017 LLR 168
HIMACHAL PRADESH HIGH COURT

 Supply of 'security personnel' is not 'expert service' for coverage under Act. and An employee with no relationship of master-servant is not to be covered under the Act.
2017 LLR 160
KERALA HIGH COURT

 Termination is to be set aside when enquiry is not properly held.
2017 LLR 159
PUNJAB AND HARYANA HIGH COURT

 Cancellation of trade union registration is illegal when order sent on wrong address.
2017 LLR 155
MADRAS HIGH COURT

 Reinstatement with back wages appropriate when termination is illegal.
2017 LLR 153
RAJASTHAN HIGH COURT

 Retrenchment compensation and notice are imperative on termination of a workman having served above 240 days.
2017 LLR 148
HIMACHAL PRADESH HIGH COURT

 Industrial adjudicator to decide whether contract labour system is sham or genuine. and Government not the Court to abolish the contract labour system.
2017 LLR 142
KERALA HIGH COURT

 Damages for delay deposit of dues not tenable when EPFO has not been refunded the excess amount. and Damages not tenable when delay is not on part of employer. and EPF Authorities should not act in a high-handed manner.
2017 LLR 141
KERALA HIGH COURT

 Every Writ petition cannot be filed at a place where EPF authority is located.
2017 LLR 137
DELHI HIGH COURT

 Termination of a contractual employee for a long duration not justified. and A probationer of a school in Delhi must be confirmed before 3 years.
2017 LLR 124
DELHI HIGH COURT

 An apprentice is not an 'employee' to be covered under the EPF&MP Act. and Incentive not wages paid for attracting candidates for coaching.
2017 LLR 120
DELHI HIGH COURT

 Dismissal of Bank Supervisor for committing fraud is justified and Courts should keep off with punishment unless it shocks conscience. and Employer and not the court to decide quantum of punishment. Supreme Court
2017 LLR 116
SUPREME COURT OF INDIA

 An enquiry violative of principle of natural justice is liable to be vitiated.
2017 LLR 113
SUPREME COURT OF INDIA

 Change in service conditions not permissible without workmen's consent.
2016 LLR 193
MADRAS HIGH COURT

 Confirmation of a probationer is the prerogative of an employer and Termination of a probationer not illegal if not stigmatic.
2016 LLR 130
DELHI HIGH COURT