IMPORTANT JUDGEMENTS for February 2018

IMPORTANT JUDGEMENTS

 Condonation of delay in filing of appeal only when there is sufficient cause. and Limitation Act provides relief on selection of mistaken forum for remedy. and Pendency of writ petition would justify delayed filing of appeal.
2018 LLR 215
ORISSA HIGH COURT

 No justification paying interest by EPFO lesser than the statutory rates.
2018 LLR 200
PATNA HIGH COURT

 Educational society funded by foreign donation is exempted from the EPF Act. and Writ Court not to consider material not submitted before Appellate Authority.
2018 LLR 192
HIMACHAL PRADESH HIGH COURT

 No appeal tenable before EPF Tribunal after 120 days. and Limitation Act is not applicable for condonation of delay on filing of appeal.
2018 LLR 187
PATNA HIGH COURT

 No relief to employer delaying deposit of contributions. and Non compliance of depositing determined amount would justify dismissal of appeal.
2018 LLR 181
DELHI HIGH COURT

 Compensation Commissioner can recover compensation like land revenue.
2018 LLR 179
DELHI HIGH COURT

 No mercy for a disruptor of peace and harmony in the establishment. and Dismissal justified for assaulting co-workers and lodging false police complaint against employer.
2018 LLR 175
KARNATAKA HIGH COURT

 Minimum wage can be fixed as per mechanism provided under Minimum Wages Act.
2018 LLR 169
KERALA HIGH COURT

 No union can claim to be the sole bargaining agency with the employer.and Forming trade union is a fundamental right.
2018 LLR 167
MADRAS HIGH COURT

 High Court not to entertain a reference of a dispute made for adjudication.
2018 LLR 166
DELHI HIGH COURT

 Dismissal justified when employment obtained by fabricated documents.
2018 LLR 164
SUPREME COURT OF INDIA

 Supreme Court would rarely interfere with the award of Industrial Tribunal. and Monetary relief on setting aside termination of workman depends upon financial position of employer and length of service etc.
2018 LLR 159
SUPREME COURT OF INDIA

 Onus to prove 240 days working is on the employee. and Limitation Act is not applicable to proceedings under ID Act.
2018 LLR 150
MADHYA PRADESH HIGH COURT

 Interpretation of ESI Act should tilt in favour of employees.
2018 LLR 147
MADRAS HIGH COURT

 A witness cannot be an impartial enquiry officer. and It is for the management to produce evidence in the enquiry. and Dismissal unjustified when documents not provided to charge-sheeted employee. and Ex-parte enquiry only when the delinquent fails to participate.
2018 LLR 143
ALLAHABAD HIGH COURT

 Termination of contractual services after fixed period is not illegal.
2018 LLR 140
PATNA HIGH COURT

 When enquiry is vitiated, the employer can seek permission for fresh enquiry.
2018 LLR 135
KERALA HIGH COURT

 Associate professor in an educational institution is entitled to gratuity.
2018 LLR 132
KERALA HIGH COURT

 Civil Court cannot grant reinstatement on wrongful termination.
2018 LLR 126
DELHI HIGH COURT

 In absence of proof the plea of closure of establishment is not tenable.
2018 LLR 125
DELHI HIGH COURT

 Principal employer has to ensure deposit of ESI contribution by contractor. and Piece rated workers are also covered under ESI.
2018 LLR 119
SUPREME COURT OF INDIA

 Loss of earning capacity vis-a-vis physical disability has no co-relation to accident compensation.
2018 LLR 118
SUPREME COURT OF INDIA

 Employer himself need not be the member of the Minimum Wages Committee.
2018 LLR 113
SUPREME COURT OF INDIA

 No mercy for a disruptor of peace and harmony in the establishment.
2018 LLR 175
KARNATAKA HIGH COURT

 A witness cannot be an impartial enquiry officer.
2018 LLR 143
ALLAHABAD HIGH COURT

 No union can claim to be the sole bargaining agency with the employer.
2018 LLR 167
MADRAS HIGH COURT

 Supreme Court would rarely interfere with the award of Industrial Tribunal.
2018 LLR 159
SUPREME COURT OF INDIA

 Dismissal justified when employment obtained by fabricated documents.
2018 LLR 164
SUPREME COURT OF INDIA

 Dismissal justified for assaulting co-workers and lodging false police complaint against employer.
2018 LLR 175
KARNATAKA HIGH COURT

 Loss of earning capacity vis-a-vis physical disability has no co-relation to accident compensation.
2018 LLR 118
SUPREME COURT OF INDIA

 Nature of duties not designation determines if employee is a '˜workman' or not.
2018 LLR 137
CALCUTTA HIGH COURT

 Civil Court cannot grant reinstatement on wrongful termination.
2018 LLR 126
DELHI HIGH COURT

 Non-payment of retrenchment compensation will render termination as illegal.
2018 LLR 137
CALCUTTA HIGH COURT

 Interpretation of ESI Act should tilt in favour of employees.
2018 LLR 147
MADRAS HIGH COURT

 It is for the management to produce evidence in the enquiry.
2018 LLR 143
ALLAHABAD HIGH COURT

 Principal employer has to ensure deposit of ESI contribution by contractor
2018 LLR 119
SUPREME COURT OF INDIA

 Onus to prove 240 days working is on the employee.
2018 LLR 150
MADHYA PRADESH HIGH COURT

 Settlement between '˜workmen' and employer cannot override statutory provisions.
2018 LLR 128
BOMBAY HIGH COURT

 In absence of proof the plea of closure of establishment is not tenable.
2018 LLR 125
DELHI HIGH COURT

 Dismissal unjustified when documents not provided to charge-sheeted employee.
2018 LLR 143
ALLAHABAD HIGH COURT

 High Court not to entertain a reference of a dispute made for adjudication.
2018 LLR 166
DELHI HIGH COURT

 Compensation Commissioner can recover compensation like land revenue.
2018 LLR 179
DELHI HIGH COURT

 Piece rated workers are also covered under ESI.
2018 LLR 119
SUPREME COURT OF INDIA

 When enquiry is vitiated, the employer can seek permission for fresh enquiry.
2018 LLR 135
KERALA HIGH COURT